80_FR_63356 80 FR 63155 - Safety Standard for Children's Folding Chairs and Stools

80 FR 63155 - Safety Standard for Children's Folding Chairs and Stools

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 80, Issue 201 (October 19, 2015)

Page Range63155-63168
FR Document2015-26385

The Danny Keysar Child Product Safety Notification Act, Section 104 of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``Commission'' or ``CPSC'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards 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. The Commission is proposing a safety standard for children's folding chairs and stools in response to the direction under Section 104(b) of the CPSIA. In addition, the Commission is proposing an amendment to 16 CFR part 1112 to include 16 CFR part 1232 in the list of notice of requirements (``NORs'') issued by the Commission and an amendment to 16 CFR part 1130 to identify children's folding stools as a durable infant or toddler product.

Federal Register, Volume 80 Issue 201 (Monday, October 19, 2015)
[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Proposed Rules]
[Pages 63155-63168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26385]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112, 1130, and 1232

[Docket No. CPSC-2015-0029]


Safety Standard for Children's Folding Chairs and Stools

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Danny Keysar Child Product Safety Notification Act, 
Section 104 of the Consumer Product Safety Improvement Act of 2008 
(``CPSIA'') requires the United States Consumer

[[Page 63156]]

Product Safety Commission (``Commission'' or ``CPSC'') to promulgate 
consumer product safety standards for durable infant or toddler 
products. These standards are to be ``substantially the same as'' 
applicable voluntary standards 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. 
The Commission is proposing a safety standard for children's folding 
chairs and stools in response to the direction under Section 104(b) of 
the CPSIA. In addition, the Commission is proposing an amendment to 16 
CFR part 1112 to include 16 CFR part 1232 in the list of notice of 
requirements (``NORs'') issued by the Commission and an amendment to 16 
CFR part 1130 to identify children's folding stools as a durable infant 
or toddler product.

DATES: Submit comments by January 4, 2016.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the marking, labeling, and instructional literature requirements of the 
proposed mandatory standard for children's folding chairs and stools 
should be directed to the Office of Information and Regulatory Affairs, 
the Office of Management and Budget, Attn: CPSC Desk Officer, FAX: 202-
395-6974, or emailed to [email protected].
    Other comments, identified by Docket No. CPSC-2015-0029, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number CPSC-2015-0029, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Patricia Edwards, Project Manager, 
Directorate for Engineering Sciences, U.S. Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; email: 
[email protected]; telephone: (301) 987-2224.

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority

    The CPSIA was enacted on August 14, 2008. Section 104(b) of the 
CPSIA, part of the Danny Keysar Child Product Safety Notification Act, 
requires the Commission to: (1) Examine and assess the effectiveness of 
voluntary consumer product safety standards for durable infant or 
toddler products, in consultation with representatives of consumer 
groups, juvenile product manufacturers, and independent child product 
engineers and experts; and (2) promulgate consumer product safety 
standards for durable infant and toddler products. Standards issued 
under section 104 are to be ``substantially the same as'' the 
applicable voluntary standards 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.
    The term ``durable infant or toddler product'' is defined in 
section 104(f)(1) of the CPSIA as ``a durable product intended for use, 
or that may be reasonably expected to be used, by children under the 
age of 5 years.'' Although section 104(f)(2) does not specifically 
identify children's folding chairs, high chairs, booster chairs and 
hook-on chairs are explicitly deemed to be ``durable infant or toddler 
products.'' Because folding chairs and folding stools serve functions 
and have characteristics similar to the listed types of chairs, folding 
chairs and folding stools likewise should be considered to be ``durable 
infant or toddler products.'' This conclusion is consistent with the 
Commission's prior determination that ``children's folding chairs'' 
fall within the definition of a ``durable infant or toddler product'' 
and are covered by product registration card rule promulgated under 
CPSIA section 104(d).\1\
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    \1\ Requirements for Consumer Registration of Durable Infant or 
Toddler Products; Final Rule, 74 FR 68668 (Dec. 29, 2009); 16 CFR 
1130.2(a)(13).
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    Although the product registration card rule does not specifically 
mention children's folding stools, the Commission considers folding 
stools to be a subset of folding chairs. Thus, the Commission proposes 
to include children's folding stools within the scope of the proposed 
standard. The Commission proposes to amend the product registration 
card rule so the scope of that rule will be clear that children's 
folding chairs and folding stools are identified as durable infant or 
toddler products for purposes of registration card requirements.
    As required by section 104(b)(1)(A), the Commission consulted with 
manufacturers, retailers, trade organizations, laboratories, consumer 
advocacy groups, consultants, and members of the public in the 
development of this notice of proposed rulemaking (``NPR''), largely 
through the standards development process of ASTM International 
(formerly the American Society for Testing and Materials) (``ASTM''). 
The proposed rule is based on the current voluntary standard developed 
by ASTM, ASTM F2613-14, Standard Consumer Safety Specification for 
Children's Chairs and Stools (``ASTM F2613-14''), with several 
modifications.
    The testing and certification requirements of section 14(a) of the 
Consumer Product Safety Act (``CPSA'') apply to product safety 
standards promulgated under section 104 of the CPSIA. Section 14(a)(3) 
of the CPSA requires the Commission to publish an NOR for the 
accreditation of third party conformity assessment bodies (test 
laboratories) to assess conformity with a children's product safety 
rule to which a children's product is subject. The children's folding 
chairs and stools standard, if issued as a final rule, will be a 
children's product safety rule that requires the issuance of an NOR. To 
meet the requirement that the Commission issue an NOR for the 
children's folding chairs and stools standard, this NPR proposes to 
amend 16 CFR part 1112 to include 16 CFR part 1232, the CFR section 
where the children's folding chairs and stools standard will be 
codified, if the standard becomes final.

[[Page 63157]]

II. Product Description

    ASTM F2613-14 defines a ``children's chair'' as ``seating furniture 
with a rigid frame that is intended to be used as a support for the 
body, limbs, or feet of a child when sitting or resting in an upright 
or reclining position.'' A ``children's stool'' is defined as a 
``children's chair without back, or armrest.'' ASTM further defines 
``folding chair'' and ``folding stool'' as ``a children's chair or 
stool which can be folded for transport or storage.'' ASTM F2613-14, 
Section 3. The standard covers a chair or stool intended to be used by 
a single child who can get in and get out of the product unassisted and 
with a seat height 15 inches or less, with or without a rocking base. 
The Commission proposes to limit the scope of the mandatory standard to 
folding chairs and folding stools because the hazards presented by 
folding chairs and folding stools are different from non-folding chairs 
and stools, as discussed further in section V of the preamble.
    There are two primary designs associated with children's folding 
chairs and folding stools: (1) Straight tube versions that contact the 
surface in three or more capped-tube legs, and (2) bent tube versions 
that contact the ground along a substantial portion of the tubular 
frame. Although there are a variety of other designs used for 
children's folding chairs and folding stools, the primary 
characteristic that applies to all of the products is the folding 
mechanism of the chair and stool that is used for transport or storage 
of the product.

III. Incident Data

    CPSC staff received reports of 98 injuries, 45 non-injury 
incidents, and another 39 recall-related complaints associated with 
children's folding chairs or stools in the Consumer Product Safety Risk 
Management System (``CPSRMS'') database for the period January 1, 2003 
through December 31, 2014. Only one of the reported incidents involved 
a folding stool, while the remainder involved folding chairs. There 
were no fatalities reported in the data. Reporting is ongoing, and 
thus, the number of reported injury and non-injury incidents from the 
CPSRMS system may change in the future.

1. Incidents With Injuries

    Ninety-eight (98) nonfatal incident injuries were reported, some 
not medically treated. Injuries involving chairs designed for the under 
5 age range (51%) were the most frequently reported incidents. The most 
frequent injuries (76) involved fingers, thumbs, or other parts of the 
hand, with most of the remaining incidents (14) affecting the head or 
face. The youngest injury victim was 12 months old. Some victims 
exceeded the intended age range of the chair, but their injuries 
demonstrated hazards with chairs relevant to the standard (i.e., 
intended for children under 5). Two injured adults were included among 
the 98 nonfatal incidents, as were several children over 5 years of 
age. Reports in which the submitter suggested injuries from the same 
repeating hazard on multiple occasions and/or affecting multiple 
victims were counted as a single injury incident. These injury counts, 
therefore, may be considered conservative.

2. Incidents With No Injury Reported

    Forty-five (45) incidents did not report an injury. However, these 
reports illustrate a potential for injuries. These reports included 
incidents in which the chair was occupied or used by a child, plus 
incidents in which a parent or submitter detected a malfunction or 
hazardous issue while the chair was not in use.

3. Non-Incident Complaints

    Thirty-nine (39) reports did not describe incidents, but merely 
reflected concerns regarding recalls. These concerns involved questions 
about recalled products (e.g., determining whether a product was 
subject to recall), or concerns regarding apparent similarities in 
design between recalled and non-recalled products.

4. National Electronic Injury Surveillance System Estimates

    CPSC also evaluates data reported through the National Electronic 
Injury Surveillance System (``NEISS''), which gathers summary injury 
data from hospital emergency departments selected as a probability 
sample of all the U.S. hospitals with emergency departments. This 
surveillance information enables CPSC staff to make timely national 
estimates of the number of injuries associated with specific consumer 
products. Based on a review of emergency department visits from January 
1, 2003 through December 31, 2014, CPSC staff determined that there 
were an estimated 17,500 children younger than 5 years of age treated 
in emergency departments for injuries related to folding chairs and 
stools.
    Information from hospital records, however, does not contain 
sufficient information to determine which injuries involved chairs 
specially designed for children under age 5. A known proportion of 
these injuries may have involved folding chairs or stools designed for 
children older than 5, or adults. Accordingly, CPSC staff focused on 
incident reports with specific information (e.g., make and model of the 
product, photos, or a sufficiently detailed description) that allowed 
staff to characterize incidents involving chairs specifically intended 
or reasonably expected to be used by children under age 5. Reports 
indicating that the product was a folding chair but lacking information 
necessary for staff to determine the age for which the product is 
intended were excluded.

A. Hazard Pattern Identification

    CPSC staff considered all 182 reports and complaints to identify 
four different hazard patterns associated with children's folding 
chairs and stools. One hundred forty-three reports involved incidents, 
and 39 reports involved complaints (without incident).
    1. Pinch/Shear Hazards--Ninety (90) incidents demonstrated pinching 
or shearing hazards (including the possibility of crushing or 
scissoring when the chair folds or unfolds, regardless of intent). 
Victims were injured while transitioning the chair between its folded 
and unfolded states. Victims were also injured following unexpected 
folding or unfolding of the chair (generally described as 
``collapse''), or because of some malfunction or issue relevant to 
these hazards (such as a failed locking mechanism). Although most of 
these injuries involved pinched/sheared fingers or other body parts, 
there were two incidents in which the child was injured, but avoided 
being pinched or sheared. In these two incidents, the injuries resulted 
when a child's head or face struck the floor as a consequence of the 
child falling out of the collapsing chair.
    Fingers and hands were the body parts most commonly involved in 
pinching or shearing hazards. In two incidents, other body parts were 
pinched/sheared from unexpected folding/collapsing (1 neck incident and 
1 leg incident). Out of all 90 pinch/shear hazard incidents, including 
incidents without actual pinch/shear injuries, at least eight incidents 
involved recalled products (6 injured; 2 without injuries).
    2. Undetermined Hazard Finger Injuries--Fourteen (14) incidents 
involved finger injuries that were caused by an undetermined hazard. In 
seven of these incidents, there was evidence that the victim's finger 
was caught in a chair mechanism. For these incidents, the hazard likely 
is either pinch/shear related or entrapment related. In the other seven 
incidents, the child suffered finger injuries, but there

[[Page 63158]]

was insufficient information to determine the cause of injury. In 
general, these injuries were severe (such as amputation or fracture). 
Two of the incidents involved recalled chairs.
    3. Stability/Tipover--Twenty-two (22) incidents involved the chair 
tipping over without indication of chair collapse. Fifteen (15) of 
these incidents resulted in injuries. CPSC staff was unable to 
determine if any of the chairs involved in these stability/tipover 
incidents were recalled models.
    4. Miscellaneous--Seventeen (17) incidents related to various other 
folding chair or stool issues. These incidents included exposures to 
high levels of lead or other hazardous substances; a collapsing table 
associated with the chair; or loose parts, sharp points, and seat 
issues.

C. Recall Activities

    Since January 1, 1997, there have been 11 children's folding chair 
or stool recalls involving 10 different firms, and 5,394,600 units of 
product. The hazards include pinching, bruising, fractures, finger 
amputations, and lead paint violations.

IV. The ASTM Standard

A. History of ASTM F2613

    Section 104(b)(1)(A) of the CPSIA requires the Commission to 
consult representatives of ``consumer groups, juvenile product 
manufacturers, and independent child product engineers and experts'' to 
``examine and assess the effectiveness of any voluntary consumer 
product safety standards for durable infant or toddler products.'' As a 
result of incidents arising from children's folding chairs, CPSC staff 
requested that ASTM develop voluntary requirements to address the 
hazard patterns related to the use of folding chairs. Through the ASTM 
process, CPSC staff consulted with manufacturers, retailers, trade 
organizations, laboratories, consumer advocacy groups, consultants, and 
members of the public.
    ASTM F2613 was first published in 2007, and since then, the 
voluntary standard has been revised five times (2009, 2010, 2011, 2013, 
and 2014). The scope of products covered by the original version, 
F2613-07, was limited to ``children's folding chairs'' with a seat 
height of 15 inches or less. Significant revisions were made in 2013, 
in ASTM F2613-13, that were designed to expand the scope of the 
voluntary standard to all children's chairs and stools. In addition, 
the ASTM 2613-13 standard added definitions for ``children's chair'' 
and ``children's stool,'' and clarified the definition of a ``folding 
chair'' and ``folding stool.'' Specifically, ``stools'' were defined as 
a specific subset of a chair (``a children's chair without back or 
armrests''). ASTM 2613-13 also added stability requirements, a test 
method for stability, and clarified that locking mechanism requirements 
are applicable only for folding chairs and folding stools.
    The current version, ASTM F2613-14, was approved on October 1, 
2014, and published in October 2014. ASTM F2613-14 excludes products 
that do not have a rigid frame (such as bean bag chairs or foam 
chairs), seats with restraint systems, products intended for use by 
more than a single child, and products in which the child could not get 
in and out of the product unassisted. ASTM F2613-14 also includes 
products ``with or without a rocking base'' and contains many general 
requirements that are common to other juvenile product standards, such 
as requirements for sharp edges or points, small parts, and lead in 
paint. There are also specific performance requirements to address 
incidents that may result in lacerations, fractures, pinches, 
amputations, and other injuries. ASTM F2613-14 also contains 
requirements for marking and labeling.

B. International Standards for Children's Folding Chairs and Folding 
Stools

    CPSC staff compared the performance requirements of ASTM F2613-14 
to the performance requirements of international standards: FIRA 
C001:2008 Furniture--Children's Domestic Furniture--General Safety 
Requirements and FIRA C002:2008 Furniture--Children's Domestic 
Furniture Seating--Requirements for Strength, Stability, and 
Durability, which address children's chairs.
    CPSC staff's review showed that ASTM F2613-14 is the most 
comprehensive of the standards to address the incident hazards because 
ASTM F2613-14 includes requirements for labeling, pinch/shear, locking 
devices, entrapment, stability, strength, and small parts. FIRA C001/
C002 standards include some requirements not found in ASTM F2613-14, 
such as a requirement for materials to be clean and free from 
infestation, and requirements that deal with corrosion-resistant 
metals, prohibition of glass and glass mirrors, retention of magnets, 
partially bound and V-shaped openings above 23.5 inches, moisture 
content of timber components, and powered-mechanism shear/pinch 
hazards. However, the hazard patterns identified in CPSC staff's review 
of the incident data did not indicate that similar requirements need to 
be added to ASTM F2613-14. However, CPSC staff will continue to monitor 
hazard patterns and recommend future changes, if necessary.

V. Assessment of Voluntary Standard ASTM F2163-14

    CPSC staff considered the fatalities, injuries, and non-injury 
incidents associated with children's folding chairs and folding stools, 
and evaluated ASTM F2163-14 to determine whether the current ASTM 
standard adequately addresses the incidents, or whether more stringent 
standards would further reduce the risk of injury associated with these 
products. Based on CPSC staff's assessment, the Commission proposes the 
following modifications to ASTM F2163-14: (1) Limit the scope of the 
proposed mandatory standard to children's folding chairs and folding 
stools; (2) change the stability test method to add a new performance 
requirement and test method to address sideways stability incidents in 
addition to rearwards stability incidents; and (3) revise the marking 
and labeling sections.

A. Scope

    ASTM F2613-13 expanded the scope of the standard beyond children's 
folding chairs to include all children's chairs and stools. CPSC staff 
conducted a preliminary review of the incident data involving all 
children's chairs and stools. CPSC staff determined that, based on the 
total number of incidents, the number of incidents over time (years), 
the body parts injured, and the incident victim's average age reported, 
the hazards associated with children's folding chairs or stools are 
substantially different from the hazards reported for children's non-
folding chairs or stools. Accordingly, the NPR encompasses both folding 
chairs and folding stools, but does not include all children's chairs 
and stools. However, CPSC staff will continue to review incidents from 
children's non-folding chairs and stools to monitor whether hazards 
associated with non-folding chairs and stools also need to be 
addressed.
    ASTM defines ``children's chair'' as ``seating furniture with a 
rigid frame that is intended to be used as a support for the body, 
limbs, or feet of a child when sitting or resting in an upright or 
reclining position.'' A ``children's stool'' is defined as a 
``children's chair without back, or armrest.'' ASTM defines 
``children's folding chair'' and ``children's folding stool'' as ``a 
children's chair or stool which can be folded for transport or 
storage.'' ASTM's definition considers children's folding stools to be 
a subset of children's

[[Page 63159]]

folding chairs, albeit without a back or armrest. CPSC staff also 
agrees that stools are a subset of chairs. Significantly, folding 
chairs and folding stools have similar configurations, and the same 
potential hazards are presented in the folding mechanisms. One reported 
incident in the injury data involved folding stools and a pinching 
injury to a child's fingers when the stool's locking mechanism failed 
and caused the stool to fold. This is the same scenario that occurs 
with folding chairs. The configuration of folding stools is similar to 
folding chairs, even though stools lack a backrest and arms. Like 
folding chairs, folding stools can fold unexpectedly or collapse 
unexpectedly during use, if there is a faulty locking mechanism--or no 
locking mechanism at all--and result in serious injuries to fingers if 
there is a lack of adequate clearance. Although CPSC staff is not aware 
of any reported stability-related incidents associated with folding 
stools, ASTM F2613-14 currently requires folding stools to be tested to 
the same rearward stability test as required for folding chairs. The 
sideways stability test would be equally applicable to folding stools. 
CPSC staff's review indicated that the test methods for loading, 
locking mechanisms, clearances, stability testing, and labeling 
requirements for folding stools would be the same for folding chairs.
    Based on CPSC staff's review of the configurations of children's 
folding chairs and folding stools and the hazards presented by them, 
the Commission proposes to include children's folding stools, along 
with children's folding chairs, in the scope of the proposed rule. 
However, the Commission seeks public comments regarding the inclusion 
of children's folding stools in the proposed standard.

B. Hazards

    CPSC believes that ASTM F2613-14 adequately addresses many of the 
general hazards associated with durable nursery products, such as lead 
in paint and surface coatings, sharp edges/sharp points, small parts, 
wood part splinters, openings/entrapments, flammable solids, and 
attached toy accessories. The standard covers specific requirements for 
folding chairs and stools, including requirements for adequate 
clearances or locking mechanisms to address pinch/shear hazards related 
to folding of the chair, load requirements to address structural 
integrity, stability requirements to address rearward tipover and 
warning and labeling requirements to inform the user of the hazards 
associated with children's folding chairs and stools. CPSC believes 
that these requirements adequately address the majority of incidents 
associated with folding chairs and folding stools. However, as 
discussed below, the Commission proposes to change the stability test 
method to include a sideways stability test method, as well as changes 
to the warning and labeling requirements to further reduce the risk of 
injury associated with folding chairs and stools.
    Pinch/Shear Hazards--ASTM F2613-14 includes requirements to prevent 
injury to the occupant from scissoring, shearing, or pinching when 
structural members or components rotate about a common axis, slide, 
pivot, fold, or otherwise move relative to one another. CPSC staff's 
review concluded that the current mechanical requirements adequately 
address the pinch and shear hazards in children's folding chairs and 
stools. The number of reported incidents has continued to decline since 
ASTM F2613 was first published in 2007, with reported incidents 
continuing to occur on chairs that are either noncompliant or not 
readily identifiable as folding chairs or folding stools. Although 
these injuries and incidents have declined, CPSC believes that 
strengthening the warning and labeling requirements for finger 
amputation hazards may make caregivers more aware of the hazard, and 
possibly reduce the likelihood that these types of incidents will occur 
in the future.
    Undetermined Hazard Finger Injuries--CPSC staff's review of the 
incident data indicates that some of the undetermined hazard finger 
injuries are likely due to pinching and shearing issues discussed above 
in in the hazard patterns and finger entrapments. However, CPSC staff 
did not obtain enough information in the incident reports to make a 
definitive determination. Other than pinching/shearing, fingers can be 
caught between non-moving parts, in circular holes, or in grooves or 
slots. Finger entrapment in circular holes results in cutting off 
circulation, which does not generally occur with grooves or slots. The 
current standard includes requirements to avoid finger entrapment in 
circular holes by establishing allowable dimensions for circular holes. 
At this time, the Commission is not proposing any changes to ASTM 
F2613-14 to address these undetermined incidents.
    Stability/Tipover Hazard--A review of incident data reveals 22 
occurrences of chairs tipping over with no evidence of the chair 
collapsing. The incident descriptions often state that the child was 
leaning over or reaching to one side when the chair tipped over. ASTM 
F2613-14 contains a requirement to address the rearward stability of 
the chair or stool, but sets forth no requirement to address tipovers 
from lack of sideways stability. The majority of the tipover incidents 
were due to sideways tipovers. Even though most of the injuries 
sustained were minor, due to the short height of the chair, there is 
the potential for more severe injuries to occur, if the child falls 
onto a nearby object. Accordingly, CPSC staff performed testing to 
various stability test methods and found that the stability method 
currently in ASTM F2613-14 could be used to determine both rearward and 
sideways stability with modifications.
    CPSC staff compared the existing ASTM F2613-14 stability test to 
the stability requirements found in the European standard EN 1022 
Domestic Furniture Seating--Determination of Stability. However, the 
requirements in EN 1022 are applicable to adult-sized furniture, not 
children's furniture. Accordingly, CPSC staff reviewed a standard 
developed by the UK Furniture Industry Research Association (``FIRA''), 
FIRA C002:2008 Furniture--Children's Domestic Furniture Seating--
Requirements for Strength, Stability, and Durability. FIRA C002 
specifies the EN 1022 test method, but adjusts the test loads based on 
the weight of the intended child occupant. FIRA C002 further references 
EN 1729-2 Furniture--Chairs and Tables for Educational Institutions 
Part 2, for determining the loading points for the test loads. After 
testing both methods (ASTM F2613-14 and EN 1022) for sideways stability 
on sample children's folding chairs, CPSC staff determined that both 
methods were valid and the results were comparable between the two 
methods. However, the ASTM F2613-14 test method already is being used 
to test rearwards stability, and CPSC staff found that the test method 
could be used also to test sideways stability with modifications, to 
reduce the incidents of tipovers.
    On July 24, 2015, ASTM balloted the sideways stability requirement, 
which received five negative votes and several comments, most of which 
contained editorial comments to the ballot. The negatives all pertain 
to a common style non-folding chair without arms that fails the 
balloted requirement, but is not associated with any incidents. 
However, the proposed rule does not include non-folding chairs and 
stools, and non-folding chairs and stools are outside the scope of the 
proposed rule. Accordingly, the Commission proposes to change the 
stability test method in ASTM F2613-14

[[Page 63160]]

to include a sideways stability test method, in addition to rearward 
stability testing, to reduce the number of tip-over-related incidents 
for folding chairs and folding stools.
    Miscellaneous Hazards--CPSC staff's review of the incident data 
included 17 incidents involving miscellaneous hazards. Three incidents 
related to elevated levels of hazardous materials (e.g., lead, bromine, 
or mercury). One of the incidents appears to be ``non-product-
related,'' and the remaining 13 incidents involved various integrity 
issues, such as loose screws, loose plastic pieces, or a detached seat 
pad.
    ASTM 2613-14 contains requirements prohibiting certain hazardous 
substances, including lead and flammable substances. In addition, ASTM 
2613-14 also includes requirements for sharp points and edges, which 
were noted in some incidents. CPSC staff's review also indicated that 
the static load and fatigue tests in ASTM 2613-14 also would minimize 
integrity issues. Accordingly, the Commission is not proposing any 
changes to the existing ASTM F2613-14 standard to address these 
miscellaneous incidents at this time.
    Marking and Labeling--CPSC staff's review of the warning labels in 
ASTM 2613-14 indicates that the existing warning labels found in the 
2014 version of the standard can be improved in terms of content and 
format, by improving three areas: (1) Noticing the label; (2) 
processing the safety message; and (3) motivating behavior changes.
    Noticing the Label--Currently, many folding chairs and folding 
stools place the warning label on the bottom of the seating surface of 
the chair. CPSC staff believes that consumers are less likely to notice 
the warnings on the bottom of the chair for several reasons. First, 
consumers are not likely to notice the warning when the chair is 
unfolded and in the upright position. Second, a child's folding chair 
or stool has no obvious hazards. If the perception of hazard associated 
with a product is low, consumers are less likely to look for a warning. 
Third, in many instances, even if consumers looked for a warning on a 
currently-marketed folding chair or stool, the consumer may not notice 
the warning because the warning is embedded or buried among non-safety 
messages.
    Although CPSC staff believes that the ideal placement of the label 
is on the front of the chair, such placement may detract from the 
appearance of the product and make consumers remove the label. 
Accordingly, CPSC staff looked at other locations for appropriate label 
placement. For example, one area that may be separate and distinct 
label on a folding chair is on the back of the chair's back rest away 
from warnings on the underside of the chair. An example of separate and 
distinct label on a folding stool is on a visible location such as on 
the legs in such a way that the label does not wrap around the legs.
    Processing the Safety Message--Currently, ASTM2613-14 requires that 
the warnings be easy to read and understand. However, this requirement 
is vague and gives no guidance on how to implement these requirements. 
CPSC staff's research indicates that warnings in a bullet point, 
outline-type list are rated higher by subjects on perceived 
effectiveness than when in paragraph format. Similarly, text arranged 
in a list format, rather than horizontally, makes instructions easier 
to follow. Other changes, such as using ``white space'' to break up 
text into ``chunks'' of information, using sans serif typestyle for 
short word messages, and a mixture of upper and lower case lettering, 
can be less confusing and easier to read than all uppercase lettering 
because there is more variation among the letter shapes. CPSC staff's 
evaluation indicated that if these elements are included, warning 
labels will be easier to read and understand.
    Motivating Behavioral Change--CPSC staff's research indicates that 
if a consumer notices the label, and reads and understands the safety 
messages, the label should motivate a change in behavior. To motivate 
consumers to comply with the warning, the warning should tell consumers 
why they need to comply. Therefore, the way in which the warning 
describes the hazard, as well as a statement about the consequences of 
ignoring the warning, may have an influence on compliance rates. 
Further, the label needs to tell consumers what to do to avoid the 
hazard.
    CPSC staff developed suggested wording and formatting changes for 
children's folding chairs and folding stools that CPSC staff believed 
would improve the warning label sections of the voluntary standard. 
CPSC staff circulated these proposed wording and formatting changes to 
the ASTM subcommittee responsible for ASTM F2613-14, and discussed the 
proposed changes at public ASTM meetings in January and May 2015. In 
response to feedback received from ASTM and stakeholders, CPSC staff 
made adjustments to staff's proposed warning labels.
    Based on staff's evaluation, the Commission now proposes to adopt 
ASTM F2613-14, with modifications to some of the warning labels for 
children's folding chairs and stools, to provide specific guidance for 
a more consistent and prominent presentation of hazard information 
through the use of clear and conspicuous text. In addition, the 
proposed rule recommends that the warnings be separate and distinct 
from other written material or graphics, so that the label is clearly 
visible when consumers approach the folding chair or folding stool.

VI. The Proposed Rule

A. CPSC's Proposed Standard for Children's Folding Chairs and Stools

    The Commission is proposing to incorporate by reference ASTM F2613-
14, with certain modifications to strengthen the standard. As discussed 
in the previous section, the Commission concludes that these 
modifications will further reduce the risk of injury associated with 
children's folding chairs and stools.
    The proposed rule would limit the scope of the rule to children's 
folding chairs and folding stools under section 1232.1. The definition 
of ``children's folding chair'' and ``folding stool'' is provided in 
ASTM F2613-14 in section 3.1.4. In addition, section 1232.2(a) would 
incorporate by reference ASTM F2613-14, with the exception of certain 
provisions that the Commission proposes to modify. Section 1232.2(b) 
would detail the changes and modifications to ASTM F2613-14 that the 
Commission has determined would further reduce the risk of injury from 
children's folding chairs and folding stools.
    In particular, we would revise section 5.13 (Stability), to specify 
that all products shall not tip over backwards or sideways when tested 
in accordance with the stability test methods and provide that tip over 
shall consist of the product moving past equilibrium and begin to 
overturn. In addition, we propose to revise Section 6.8 (Stability Test 
Method) to include a test method for sideways stability testing, as 
well as rearward stability testing. We also propose to add Section 
6.8.1 to provide the requirements for the test equipment and 
preparation, and specify the test surface area, test cylinders, and 
measurement of product seating surface height.
    The proposed rule would add section 6.8.2. to provide the test 
method for rearward stability and section 6.8.3 to provide the test 
method for sideways stability. Those sections would also specify the 
product orientation, the application of the load, cylinder positioning 
for folding chairs, and cylinder positioning for folding stools.

[[Page 63161]]

    We also propose revisions to the marking and labeling section in 
section 7.2. Specifically, section 7.2 would be changed to state that 
each folding chair and each folding stool requires warning statements. 
New proposed requirements would provide specific instructions so that 
warnings are easier to read and are more conspicuous. Some of these 
requirements include putting the warnings in the English language, 
using highly contrasting color(s) in non-condensed sans serif type, 
text size, and placing the label separate and distinct from any other 
graphic or written material on the product. Other proposed requirements 
would provide specific language for the warning statements including 
the use of the safety alert symbol
[GRAPHIC] [TIFF OMITTED] TP19OC15.007

and the signal words ``WARNING,'' and ``AMPUTATION HAZARD''.

B. Other Provisions of the Proposed Rule

    The Commission is also proposing to amend 16 CFR part 1112 to 
include 16 CFR part 1232 in the list of notice of requirements 
(``NORs'') issued by the Commission, as discussed in section VIII of 
the preamble.
    In addition, for consistency in deeming both children's folding 
chairs and folding stools to be ``durable infant or toddler products,'' 
the Commission also is proposing to amend 16 CFR 1130.2 to make the 
scope of the registration card rule applicable to both children's 
folding chairs and folding stools. As discussed in section V of the 
preamble, although the registration card rule specifically lists 
children's folding chairs, the rule is silent on children's folding 
stools (16 CFR 1130.2(a)(13)). The Commission considers folding stools 
to be a subset of folding chairs, and therefore, proposes to include 
children's folding stools within the scope of the proposed standard. 
Accordingly, the Commission proposes to amend Sec.  1130.2 by revising 
paragraph (a)(13) to include both children's folding chairs and folding 
stools.

VII. Incorporation by Reference

    Section 1232.2(a) of the proposed rule incorporates by reference 
ASTM F2670-13. The Office of the Federal Register (``OFR'') has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR regulations require that, for a proposed rule, agencies must 
discuss in the preamble to the NPR, ways that the materials the agency 
proposes to incorporate by reference are reasonably available to 
interested persons, or explain how the agency worked to make the 
materials reasonably available. In addition, the preamble to the 
proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section V of this 
preamble summarizes the provisions of ASTM F2613-14 that the Commission 
proposes to incorporate by reference. ASTM F2613-14 is copyrighted. By 
permission of ASTM, the standard can be viewed as a read-only document 
during the comment period on this NPR, at: http://www.astm.org/cpsc.htm. Interested persons may also purchase a copy of ASTM F2613-14 
from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; http://www.astm.org. One may also inspect a 
copy at CPSC's Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, 
telephone 301-504-7923.

VIII. Amendment of 16 CFR Part 1112 To Include NOR for Children's 
Folding Chairs and Stools

    The CPSA establishes certain requirements for product certification 
and testing. 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, must be certified as complying 
with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). 
Certification of children's products subject to a children's product 
safety rule must be based on testing conducted by a CPSC-accepted third 
party conformity assessment body. Id. 2063(a)(2). The Commission must 
publish a NOR for the accreditation of third party conformity 
assessment bodies to assess conformity with a children's product safety 
rule to which a children's product is subject. Id. 2063(a)(3). Thus, 
the proposed rule for 16 CFR part 1232, Safety Standard for Children's 
Folding Chairs and Stools, if issued as a final rule, would be a 
children's product safety rule requiring the issuance of a NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
codified at 16 CFR part 1112 (``part 1112'') and effective on June 10, 
2013, establishing requirements for CPSC acceptance of third party 
conformity assessment bodies to test for conformance with a children's 
product safety rule in accordance with section 14(a)(2) of the CPSA. 
Part 1112 also codifies all of the NORs previously issued by the 
Commission.
    All new NORs for new children's product safety rules, such as the 
children's folding chairs and stools standard, require an amendment to 
part 1112. To meet the requirement that the Commission issue a NOR for 
the proposed children's folding chairs and stools standard, as part of 
this NPR, the Commission proposes to amend the existing rule that 
codifies the list of all NORs issued by the Commission to add 
children's folding chairs and stools to the list of children's product 
safety rules for which the CPSC has issued a NOR.
    Test laboratories applying for acceptance as a CPSC-accepted third 
party conformity assessment body to test to the new standard for 
children's folding chairs and stools would be required to meet the 
third party conformity assessment body accreditation requirements in 
part 1112. When a laboratory meets the requirements as a CPSC-accepted 
third party conformity assessment body, the laboratory can apply to the 
CPSC to have 16 CFR part 1232, Standard Consumer Safety Specification 
for Children's Folding Chairs and Stools, included in the laboratory's 
scope of accreditation of CPSC safety rules listed for the laboratory 
on the CPSC Web site at: www.cpsc.gov/labsearch.

IX. Effective Date

    The Administrative Procedure Act (``APA'') generally requires that 
the effective date of a rule be at least 30 days after publication of 
the final rule. 5 U.S.C. 553(d). The Commission is proposing an 
effective date of 6 months after publication of the final rule in the 
Federal Register for products manufactured or imported on or after that 
date. The proposed rule would require manufacturers to make design or 
manufacturing changes to address the proposed sideways stability 
testing requirements. The warning label changes do not affect the 
design and manufacturing of the folding chairs or folding stools, but 
rather, require printing new labels. The Commission believes that most 
firms should be able to comply within the 6-month time frame and allow 
ample time for manufacturers and importers to arrange for third party 
testing, consistent with the timeframe adopted in a number of other 
section 104 rules. However, the Commission seeks comments regarding the 
economic impact on small manufacturers and importers on meeting the 
side stability testing requirements as well as meeting the third party 
testing requirements discussed in section X below. In addition, we ask 
for comments on the proposed 6-month effective date.

[[Page 63162]]

X. Regulatory Flexibility Act

A. Introduction

    The Regulatory Flexibility Act (``RFA'') requires agencies to 
consider the impact of proposed rules on small entities, including 
small businesses. The RFA generally requires agencies to review 
proposed rules for their potential impact on small entities and prepare 
an initial regulatory flexibility analysis (``IRFA'') unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. 5 U.S.C. 603 
and 605. Because CPSC staff was unable to estimate precisely all costs 
of the proposed rule, staff conducted such an analysis. The IRFA must 
describe the impact of the proposed rule on small entities and identify 
significant alternatives that accomplish the statutory objectives and 
minimize any significant economic impact of the proposed rule on small 
entities. Specifically, the IRFA must contain:
     A description of, and where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     a description of the reasons why action by the agency is 
being considered;
     a succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     a description of the projected reporting, recordkeeping, 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities subject to the requirements 
and the type of professional skills necessary for the preparation of 
reports or records; and
     identification, to the extent possible, of all relevant 
federal rules that may duplicate, overlap, or conflict with the 
proposed rule; and
     a description of any significant alternatives to the 
proposed rule that accomplish the stated objectives of applicable 
statutes and minimize the rule's economic impact on small entities.

B. Market

    CPSC staff is aware of four domestic firms manufacturing and ten 
domestic firms importing children's folding chairs and/or stools in the 
United States. Most firms only supply one model of chair; two supply 
two models, and one supplies five distinct models. All four 
manufacturers and six importers are categorized as ``small firms'' 
under the guidelines of the U.S. Small Business Administration 
(``SBA''). One importer's size could not be determined.
    The Juvenile Products Manufacturers Association (``JPMA'') 
maintains a certification program for children's folding chairs and 
folding stools but at this time there are no active participants. JPMA 
does not maintain a list of firms complying with the voluntary standard 
for children's chairs; compliance of firms with the voluntary standard 
is self-reported and several firms report compliance with ASTM 
standards. Some of the firms in the market participate actively in the 
ASTM standard process and those firms are likely to comply with the 
voluntary standard.

C. Reason for Agency Action and Legal Basis for Proposed Rule

    Section 104(b) of the CPSIA requires the CPSC to promulgate a 
mandatory standard for children's folding chairs and stools that is 
substantially the same as, or more stringent than, the voluntary 
standard if the Commission determines that a more stringent standard 
would further reduce the risk of injury associated with such products. 
The Commission is proposing a safety standard for children's folding 
chairs and stools in response to the requirements of section 104(b).

D. Other Federal Rules

    The Commission has not identified any federal or state rule that 
duplicates, overlaps, or conflicts with the proposed rule.

E. Impact of the New Standards and Testing Requirements on Small 
Businesses

    Under SBA guidelines, a manufacturer of children's folding chairs 
and stools is categorized as ``small'' if it has 500 or fewer 
employees, and importers and wholesalers are considered ``small'' if 
they have 100 or fewer employees. Staff has identified four firms 
currently manufacturing and ten firms importing children's folding 
chairs and stools in the United States. All four manufacturers and six 
of the importers are categorized as small businesses. One importer's 
size could not be determined.
Small Manufacturers
    Of the four identified small manufacturers of children's folding 
chairs and stools in the United States, two claim compliance with the 
voluntary standard, and at least one participates in the ASTM process. 
Of the two remaining manufacturers, one does not comply with warning 
label requirement and possibly other requirements; the compliance of 
the other could not be determined. Regardless of conformance to the 
voluntary standard, the proportion of chairs that might need 
modifications to comply with side stability requirements could be high. 
In testing conducted by CPSC Engineering Sciences (``ES'') staff, 7 
models out of 9 model samples (from both small and large firms) failed 
the proposed test for side stability.
    If a folding chair or a folding stool must be modified to comply 
with the staff's proposed side-stability requirements, costs will vary 
with the necessary modification. CPSC ES staff has identified the 
addition of a small plastic stabilizer to each corner as a possible 
modification for chairs or stools with rounded tube frames, based on 
one model tested which passed with these stabilizers and failed the 
test with them removed. Similarly designed models found in Europe, 
where side stability requirements exist for children's folding chairs, 
also contain these stabilizers. The costs of adding these small pieces 
of plastic would likely be low, due to the size and material.
    For chairs with other frame types and arms that extend farther out 
from the seating area, for which the plastic stabilizers are either not 
possible or not sufficient, a redesign may be necessary to eliminate 
the arms or otherwise modify the chair's design for compliance with the 
requirements. One manufacturer estimates the costs to redesign a non-
compliant chair to be $10,000, including 9 to 12 months of labor and 
development time. This cost could be significant for one manufacturer, 
if a redesign were required for all models. The costs for a non-
compliant folding chair that does not require a full redesign would 
likely be lower. The costs for redesign of warning labels is expected 
to be 1 hour of labor time at current labor rates, as discussed in 
section XII below.
    At this time, CPSC staff does not have sufficient information to 
determine what proportion of folding chair or folding stool models 
currently in the market will be able to meet the side-stability 
requirements through a simple and inexpensive fix like adding a plastic 
stabilizer versus the proportion of models that will require a more 
costly redesign. Without this information, the economic impact that the 
four small manufacturers will experience due to the proposed side-
stability requirements is difficult to assess. Therefore, we cannot 
rule out a significant economic impact for small folding chair 
manufacturers.

[[Page 63163]]

    The Commission seeks information on the modifications that 
manufacturers expect are needed for existing folding chair or folding 
stool models to meet the side-stability requirements as well as any 
data regarding the expected costs of such modifications. In particular, 
the Commission seeks comments on the likely costs of compliance with 
the side-stability requirements and the extent to which the total cost 
of any necessary modifications might exceed one percent of the 
manufacturer's gross revenue.
    Three of the small manufacturers of children's folding chairs and 
folding stools have diversified product lines. If the cost of 
compliance with the proposed rule is too high, these firms might 
discontinue production, thus avoiding significant economic harm. 
However, because revenue data for these firms was not sufficiently 
detailed, CPSC staff cannot determine with any certainty whether exit 
from the market is an economically viable option. The remaining 
manufacturer supplies a folding chair as an accessory with its one main 
product. This manufacturer's folding chair does not currently comply 
with the voluntary standard. Although the firm might be able to offer 
its product line without a folding chair, CPSC staff cannot determine 
whether ceasing the sale of its folding chair would have a significant 
adverse impact on the firm, and thus, CPSC staff is unable to rule out 
a significant economic impact based on this manufacturer's ability to 
exit the market.
    To better assess the economic impact on small manufacturers, the 
Commission is interested in obtaining data on the importance of 
children's folding chairs and stools relative to a manufacturer's 
overall product line and gross revenues, and feedback regarding the 
desirability of exit as a strategy for averting regulatory compliance 
costs. For example, do sales of children's folding chairs or folding 
stools constitute a small proportion of a manufacturer's overall 
revenue (i.e. less than one percent of gross revenue)? Would a typical 
manufacturer of children's folding chairs or folding stools be able to 
discontinue production without experiencing significant economic 
hardship?
    Under section 14 of the CPSA, children's folding chairs and stools 
are subject to third party testing and certification. Once the new 
requirements become effective, all manufacturers will be subject to the 
additional costs associated with the third party testing and 
certification requirements under the testing rule, Testing and Labeling 
Pertaining to Product Certification (16 CFR part 1107). Third party 
testing will include physical and mechanical test requirements 
specified in the folding chairs final rule; lead testing is already 
required. Third party testing costs are in addition to the direct costs 
of meeting the standard.
    CPSC staff contacted two small manufacturers regarding testing 
costs and one firm estimated that chemical and structural testing of 
one unit of a children's folding chair costs around $1,000 annually. No 
other firms were willing or able to supply the requested testing cost 
information. Estimates provided by suppliers for other section 104 
rulemakings indicate that around 40 to 50 percent of testing costs can 
be attributed to structural requirements, with the remaining 50 to 60 
percent resulting from chemical testing (lead testing). CPSC staff 
estimates that testing to structural components of the ASTM voluntary 
standard could cost about $400 to $500 per sample tested ($1,000 x .4 
to $1,000 x .5). These costs are consistent with testing cost estimates 
for products with standards of similar complexity.
    CPSC staff's review of the children's folding chairs and folding 
stools market shows that three small domestic manufacturers supply one 
model of children's folding chair or folding stool to the U.S. market 
annually. The fourth small manufacturer supplies five models of 
children's folding chairs and folding stools. Therefore, if third party 
testing were conducted every year, third party testing costs for three 
manufacturers with only one model would be about $400-$500 annually per 
model tested, and $2,000-$2,500 for the other manufacturer ($400-$500 
per model, five models), if only one sample were tested for each model.
    The testing and labeling rule (16 CFR part 1107) is not explicit 
regarding the number of samples firms will need to test to meet the 
``high degree of assurance'' criterion. However, based on an 
examination of each small domestic manufacturer's revenues from recent 
Dun & Bradstreet or Reference USA reports, testing costs are likely to 
be under one percent of gross revenue for these small manufacturers. 
Thus, it seems unlikely that testing costs, by themselves, would be 
economically significant for the small manufacturers unless a very high 
number of samples per model were needed to meet the ``high degree of 
assurance'' criterion. The Commission seeks comments on the typical 
number of samples that are tested to satisfy third party testing 
requirements, and whether third party testing would lead to significant 
economic impact.
    Small Domestic Importers. Of the six or seven small importers, only 
one claims that its products comply with the ASTM standard. The state 
of compliance for the remainder could not be determined. For the 
importer or importers currently in compliance with the voluntary 
standard, if their products pass the sideways stability test, there 
should be minimal burden associated with compliance. As most of the 
imported chairs tested by CPSC engineering staff failed the proposed 
sideways stability test, it is probable that many importers' products 
would not comply with the proposed rule.
    Whether there is a significant economic impact on small importers 
will depend upon the extent of the changes required to come into 
compliance and the response of their supplying firms. In general, if 
the supplying firm comes into compliance, the importer could elect to 
continue importing the compliant product. Any increase in production 
costs experienced by suppliers as a result of changes made to meet the 
mandatory standard could be passed on to the importers. If an importer 
is unwilling or unable to accept the increased costs, or if the 
importer's supplier decides not to comply with the mandatory standard, 
the importer could find another supplier of children's folding chairs 
and stools or stop importing children's folding chairs and stools. 
Because no small importers responded to requests for information, 
however, staff could not estimate the economic impact on these firms 
and cannot rule out a significant economic impact.
    To assist with further analysis of the impact of the rule on small 
importers, the Commission seeks information on the degree to which 
supplying firms tend to pass on increases in production and regulatory 
costs to importers. To what extent is the ability to pass on these 
costs limited by the ease with which importers can switch suppliers or 
substitute an alternative product for children's folding chairs and 
stools?
    As with manufacturers, all importers will be subject to third party 
testing and certification requirements, and consequently, will be 
subject to costs similar to those for manufacturers if the importer's 
supplying foreign firm(s) does not perform third party testing. These 
testing costs are not likely, by themselves, to exceed one percent of 
gross revenue for the six small domestic importers for which revenue 
information is available. The impact on the other importer is unknown. 
Again, the Commission is interested in the size

[[Page 63164]]

of the economic impact third party testing poses for importers, and 
whether testing costs would constitute a small proportion of a 
manufacturer's overall revenue (i.e. less than one percent of gross 
revenue).
    Alternatives. CPSC staff reviewed the alternatives to the proposed 
mandatory standard. Adopting ASTM F2613-14 with respect to children's 
folding chairs and stools, but without any further modifications to the 
performance requirements is one alternative. This alternative would 
reduce the impact on all of the known small businesses supplying 
children's folding chairs and stools to the U.S. market by not 
including the additional requirements and tests for sideways stability 
and additional labeling requirements. Another alternative would be to 
set a later effective date than the 6 month effective date proposed in 
the NPR. The NPR requests comments on the economic impacts of the 
proposed rule, as well as comments on the 6 month effective date.

F. Impact of Proposed 16 CFR Part 1112 Amendment on Small Businesses

    As required by the RFA, staff conducted a Final Regulatory 
Flexibility Analysis (``FRFA'') when the Commission issued the part 
1112 rule (78 FR 15836, 15855-58). Briefly, the FRFA concluded that the 
accreditation requirements would not have a significant adverse impact 
on a substantial number of small testing laboratories because no 
requirements were imposed on test laboratories that did not intend to 
provide third party testing services. The only test laboratories that 
were expected to provide such services were those that anticipated 
receiving sufficient revenue from the mandated testing to justify 
accepting the requirements as a business decision.
    Based on similar reasoning, amending 16 CFR part 1112 to include 
the NOR for the children's folding chair and stool standard will not 
have a significant adverse impact on small test laboratories. Moreover, 
based upon the number of test laboratories in the United States that 
have applied for CPSC acceptance of accreditation to test for 
conformance to other mandatory juvenile product standards, we expect 
that only a few test laboratories will seek CPSC acceptance of their 
accreditation to test for conformance with the children's folding chair 
and stool standard. Most of these test laboratories will have already 
been accredited to test for conformance to other mandatory juvenile 
product standards, and the only costs to them would be the cost of 
adding the children's folding chair and stool standard to their scope 
of accreditation. As a consequence, the Commission certifies that the 
NOR amending 16 CFR part 1112 to include the children's folding chair 
and stool standard will not have a significant impact on a substantial 
number of small entities.

XI. Environmental Considerations

    The Commission's regulations address whether we are required to 
prepare an environmental assessment or an environmental impact 
statement. Under these regulations, a rule that has ``little or no 
potential for affecting the human environment'' is categorically exempt 
from this requirement. 16 CFR 1021.5(c)(1). The proposed rule falls 
within the categorical exemption.

XII. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that are subject to public comment and review by the Office of 
Management and Budget (``OMB'') under the Paperwork Reduction Act of 
1995 (``PRA'') (44 U.S.C. 3501-3521). In this document, pursuant to 44 
U.S.C. 3507(a)(1)(D), we set forth:
     A title for the collection of information;
     a summary of the collection of information;
     a brief description of the need for the information and 
the proposed use of the information;
     a description of the likely respondents and proposed 
frequency of response to the collection of information;
     an estimate of the burden that shall result from the 
collection of information; and
     notice that comments may be submitted to the OMB.
    Title: Safety Standard for Children's Folding Chairs and Stools.
    Description: The proposed rule would require each folding chair and 
folding stool to comply with ASTM F2613-14, with the changes proposed 
in this Notice, which contains requirements for marking and labeling. 
These requirements fall within the definition of ``collection of 
information,'' as defined in 44 U.S.C. 3502(3).
    Description of Respondents: Persons who manufacture or import 
children's folding chairs and folding stools.
    Estimated Burden: We estimate the burden of this collection of 
information as follows:

                                                       Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR Section                              respondents       responses        responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1232.2.............................................................              14              1.4               20                1               20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our estimate is based on the following:
    There are 14 known firms supplying children's folding chairs or 
folding stools to the U.S. market. All firms are assumed to use labels 
on both their products and their packaging already, but they might need 
to make some modifications to their existing labels. The estimated time 
required to make these modifications is about 1 hour per model. Each of 
these firms supplies an average of 1.4 different models of children's 
folding chairs or folding stools; therefore, the estimated burden hours 
associated with labels is 1 hour x 14 firms x 1.4 models per firm = 20 
annual hours.
    We estimate that hourly compensation for the time required to 
create and update labels is $30.09 (U.S. Bureau of Labor Statistics, 
``Employer Costs for Employee Compensation,'' December 2014, Table 9, 
total compensation for all sales and office workers in goods-producing 
private industries: http://www.bls.gov/ncs/). Therefore, the estimated 
annual cost associated with the proposed requirements is $602 ($30.09 
per hour x 20 hours = $601.80).
    In compliance with the PRA (44 U.S.C. 3507(d)), we have submitted 
the information collection requirements of this rule to the OMB for 
review. Interested persons are requested to submit comments regarding 
information collection to the Office of Information and Regulatory 
Affairs, OMB (see the ADDRESSES section at the beginning of this 
notice).
    Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:

[[Page 63165]]

     Whether the collection of information is necessary for the 
proper performance of the CPSC's functions, including whether the 
information will have practical utility;
     the accuracy of the CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
     ways to enhance the quality, utility, and clarity of the 
information to be collected;
     ways to reduce the burden of the collection of information 
on respondents, including the use of automated collection techniques, 
when appropriate, and other forms of information technology; and
     the estimated burden hours associated with label 
modification, including any alternative estimates.

XIII. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), 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. 
Section 26(c) of the CPSA also provides that states or political 
subdivisions of states may apply to the Commission for an exemption 
from this preemption under certain circumstances. Section 104(b) of the 
CPSIA refers to the rules to be issued under that section as ``consumer 
product safety rules.'' Therefore, the preemption provision of section 
26(a) of the CPSA would apply to a rule issued under section 104.

XIV. Request for Comments

    This NPR begins a rulemaking proceeding under section 104(b) of the 
CPSIA to issue a consumer product safety standard for children's 
folding chairs and stools, and to amend part 1112 to add children's 
folding chairs and stools to the list of children's product safety 
rules for which the CPSC has issued an NOR. We invite all interested 
persons to submit comments on any aspect of the proposed mandatory 
safety standard for children's folding chairs and stools and on the 
proposed amendment to part 1112. Specifically, the Commission requests 
comments on the costs of compliance with, and testing to, the proposed 
mandatory children's folding chairs and stools standard, the proposed 
6-month effective date for the new mandatory children's folding chairs 
and stools standard, and the amendment to part 1112. In addition, the 
Commission requests comments on the proposed amendment to part 1130, to 
include folding stools in the proposed rule.
    Comments should be submitted in accordance with the instructions in 
the ADDRESSES section at the beginning of this notice.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third party conformity 
assessment body.

16 CFR Part 1130

    Administrative practice and procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements.

16 CFR Part 1232

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

    For the reasons discussed in the preamble, the Commission proposes 
to amend 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:  Pub. L. 110-314, section 3, 122 Stat. 3016, 3017 
(2008); 15 U.S.C. 2063.

0
2. Amend Sec.  1112.15 by adding paragraph (b)(43) to read as follows:


Sec.  1112.15  When can a third party conformity assessment body apply 
for CPSC acceptance for a particular CPSC rule and/or test method?

* * * * *
    (b) * * *
    (43) 16 CFR part 1232, Safety Standard for Children's Folding 
Chairs and Stools.
* * * * *
0
3. Amend Sec.  1130.2 by revising paragraph (a)(13) to read as follows:

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT 
OR TODDLER PRODUCTS


Sec.  1130.2  Definitions.

* * * * *
    (a) * * *
    (13) Children's folding chairs and stools;
* * * * *
0
4. Add part 1232 to read as follows:

PART 1232--SAFETY STANDARD FOR CHILDREN'S FOLDING CHAIRS AND STOOLS

Sec.
1232.1 Scope.
1232.2 Requirements for children's folding chairs and stools.

    Authority:  Sec. 104, Public Law 110-314, 122 Stat. 3016.


Sec.  1232.1  Scope.

    This part establishes a consumer product safety standard for 
children's folding chairs and stools.


Sec.  1232.2  Requirements for children's folding chairs and stools.

    (a) Except as provided in paragraph (b) of this section, each 
children's folding chair and stool shall comply with all applicable 
provisions of ASTM F2613-14, Standard Consumer Safety Specification for 
Children's Chairs and Stools, approved October 1, 2014. 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 obtain a 
copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; http://www.astm.org. You may inspect a copy at 
the Office of the Secretary, U.S. Consumer Product Safety Commission, 
Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301-
504-7923, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.
    (b) Comply with ASTM F2613-14 with the following additions or 
exclusions:
    (1) Instead of complying with section 5.13 of ASTM F2613-14, comply 
with the following:
    (i) 5.13 Stability--All chairs shall not tip over backward or 
sideways when tested in accordance with 6.8. Tip over shall consist of 
the product moving past equilibrium and begin to overturn.
    (ii) [Reserved]
    (2) Instead of complying with section 6.8 of ASTM F2613-14, comply 
with the following:
    (i) 6.8 Stability Test Method--(A) 6.8.1 Test equipment and 
preparation--(1) 6.8.1.1 Test surface--any rigid material covered with 
a high pressure laminate of unspecified color with a smooth matte 
finish and inclined at an angle of 10[deg] ( 0.5[deg]) to 
the horizontal plane.
    (2) 6.8.1.2 50 lb. test cylinder--cylinder weighing 50.0  0.5 lbs. (22.7  0.2 kg) that is 12.0  
0.1 in. (305  2

[[Page 63166]]

mm) high with a diameter of 6.0  0.1 in. (152  
2 mm) and a center of gravity of 6.0  0.1 in. (152  2 mm) from either face (see Fig. 5). This cylinder shall be 
applied to a product seating surface whose height is 10 in. (254 mm) or 
less from the floor.
    (3) 6.8.1.3 100 lb. test cylinder--cylinder weighing 100.0  0.5 lbs. (45.4  0.2 kg) that is 12.0  
0.1 in. (305  2 mm) high with a diameter of 6.0  0.1 in. (152  2 mm) and a center of gravity of 6.0 
 0.1 in. (152  2 mm) from either face (see Fig. 
5). This cylinder shall be applied to a product seating surface whose 
height is greater than 10 in. (254 mm) above the floor.
    (4) 6.8.1.4 Measurement of the product seating surface height--This 
height shall be measured from the floor to the midpoint on the upper 
surface of the front edge of the seating surface, when a 2 lb. (0.9 kg) 
load is applied vertically downward using a \1/2\'' (13 mm) diameter 
disk onto the midpoint on the upper surface of the front edge of the 
seat (see Fig X).
    Note X--Use of stops to prevent sliding: If necessary to prevent 
the product from sliding down the incline, either by its own weight 
when initially placed on the incline or during the conduct of the test 
in the following sections, stops can be placed against the product's 
legs. Stops shall be the minimum height required to prevent sliding and 
shall not inhibit overturning.
    (B) 6.8.2 Rearward stability
    (1) 6.8.2.1 Product orientation: Place the product on the test 
surface with the front of the product facing the upward slope.
    (2) 6.8.2.2 Application of the load: Place the applicable test 
cylinder so that it is centered side to side on the product seating 
surface, oriented perpendicular to the plane of this surface, and allow 
the cylinder to come to rest.
    (3) 6.8.2.3 Cylinder Positioning for Chairs: Place the cylinder as 
far back or downslope on the seating surface as permitted by the seat 
back or chair frame (see Fig. 4).
    (4) 6.8.2.4 Cylinder Positioning for Stools: Place the cylinder as 
far back or downslope as permitted by the seating surface without 
allowing any part of the cylinder to extend beyond the rearmost or 
downslope edge of the stool.
    (C) 6.8.3 Sideways stability
    (1) 6.8.3.1 Product orientation: Place the product on the test 
surface in the most unfavorable position with a side of the product 
facing the upward slope.
    (2) 6.8.3.2 Application of the load: Place the applicable test 
cylinder so that it is centered front to back on the product seating 
surface, oriented perpendicular to the plane of this surface, and allow 
the cylinder to come to rest.
    (3) 6.8.3.3 Cylinder Positioning for Chairs: Place the cylinder as 
far back or downslope on the seating surface as permitted by the chair 
frame or arms (see Fig. Y).
    (4) 6.8.3.4 Cylinder Positioning for Stools: Place the cylinder as 
far back or downslope as permitted by the seating surface without 
allowing for any part of the cylinder to extend beyond the rearmost or 
downslope edge of the stool.
[GRAPHIC] [TIFF OMITTED] TP19OC15.008

    (3) Instead of complying with section 7.2 of ASTM F2613-14, 
including all subsections of section 7.2, comply with the following:
    (i) 7.2 Warning Statements: Each folding chair and each folding 
stool shall have warning statements.
    (A) 7.2.1 The warnings shall be easy to read and understand and be 
in the English language at a minimum.
    (B) 7.2.2 The warning statements shall be conspicuous in highly 
contrasting color(s) (e.g., black text on white background), in non-
condensed sans serif type, permanent and applied so they are in a 
prominent location, visible to the caregiver when the product is in the 
manufacturer's use position.
    (C) 7.2.3 The specified warnings shall be separate and distinct 
from any other graphic or written material on the product and 
surrounded by a black border. Note: Separate and distinct, for example, 
on the back of the chair's back rest away from warnings on the 
underside of the chair so that it is clearly visible to a consumer 
approaching the chair from the back. For stools, where possible, the 
label shall be placed in a visible location such as on the legs in such 
a way that the label does not wrap around the legs.
    (D) 7.2.4 Any labels or written instructions provided in addition 
to those required by this section shall not contradict or confuse the 
meaning of the required information or be otherwise misleading to the 
consumer.
    (E) 7.2.5 The safety alert symbol
    [GRAPHIC] [TIFF OMITTED] TP19OC15.009
    

[[Page 63167]]



and, the signal word ``WARNING'', and the words ``AMPUTATION HAZARD'' 
shall precede the warning statements.
    (F) 7.2.6 The safety alert symbol
    [GRAPHIC] [TIFF OMITTED] TP19OC15.010
    

and the signal word ``WARNING'' shall not be less than 0.2-in. (5-mm) 
high and the remainder of the text shall be in characters whose upper 
case is at least 0.1-in. (2.5-mm) high except as specified.
     (G) 7.2.7 The signal word WARNING shall be in black letters on an 
orange panel surrounded by a black border.
    Note 1--When special circumstances preclude the use of the color 
orange, yellow or red may be used, whichever contrasts best against the 
product background.
    (H) 7.2.8 The solid triangle portion of the safety alert symbol 
shall be the same color as the signal word lettering, and the 
exclamation mark shall be the same color as the signal word panel.
    (I) 7.2.9 The words ``AMPUTATION HAZARD'' shall be in bold black 
letters.
    (J) 7.2.10 The precautionary statements shall be indented from the 
hazard statements, preceded with bullet points, and appear as shown in 
Figs. 6 and 7.
    (K) 7.2.11 The warning label shall contain sufficient white space 
as shown as shown in Figs. 6 and 7.
    (L) 7.2.12 Overall height and width of the label may be modified as 
necessary to fit on the product, but still meet requirements for 
conspicuousness. An example of the warning label format described in 
this section is shown in Figs. 6 and 7.
    (M) 7.2.13 For folding chairs and folding stools with latch(es), 
warnings shall address the following:
    (1) 7.2.13.1 Amputation hazard:


Hazard and Consequence Statement:


AMPUTATION HAZARD

Chair can fold or collapse if lock not fully engaged. Moving parts can 
amputate child's fingers if chair folds or collapses.


Precautionary Statements:

 Keep fingers away from moving parts.
 Completely unfold chair and fully engage locks before allowing 
child to sit in chair.
 Never allow child to fold or unfold chair.

    (2) [Reserved]
    (N) 7.2.14 For folding chairs and folding stools without latch(es), 
warnings shall address the following:
    (1) 7.2.14.1 Amputation hazard:


Hazard and Consequence Statement


AMPUTATION HAZARD

Moving parts can amputate child's fingers.


Precautionary Statements:

 Keep fingers away from moving parts.
 Completely unfold chair before allowing child to sit in chair.
 Never allow child to fold or unfold chair.

    (2) [Reserved]
    (4) In addition to the figures in ASTM F2613-14, use the following 
figure 6:
[GRAPHIC] [TIFF OMITTED] TP19OC15.011

    (5) In addition to the figures in ASTM F2613-14, use the following 
figure 7:

[[Page 63168]]

[GRAPHIC] [TIFF OMITTED] TP19OC15.012


    Dated: October 13, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-26385 Filed 10-16-15; 8:45 am]
 BILLING CODE 6355-01-P



                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                               63155

                                                      the existing pattern of firing, ordnance                evaluation as the anticipated impact is               R–5601F Fort Sill, OK [Amended]
                                                      delivery runs, or weapons impact areas                  so minimal.                                             By removing the current using agency and
                                                      and all weapons release would continue                    Since this is a routine matter that will            substituting the following:
                                                      to occur in R–5601A, R–5601B, or R–                     only affect air traffic procedures and air              Using agency. U.S. Army, Commanding
                                                      5601C, as they are now. Additionally,                   navigation, it is certified that this                 General, U.S. Army Fires Center of
                                                      no supersonic flight will occur.                        proposed rule, when promulgated, will                 Excellence (USAFCOE), Fort Sill, OK.
                                                         In addition to the proposed                          not have a significant economic impact                R–5601G Fort Sill, OK [New]
                                                      establishment of R–5601G and R–                         on a substantial number of small entities               Boundaries. Beginning at Lat. 34°46′07″ N.,
                                                      5601H, the following minor changes to                   under the criteria of the Regulatory                  long. 98°25′50″ W.; to Lat. 34°45′03″ N., long.
                                                      the descriptions of the six existing Fort               Flexibility Act.                                      98°29′46″ W.; thence counterclockwise via
                                                      Sill restricted areas would be made. The                                                                      the 46 NM arc of SPS VORTAC to Lat.
                                                      using agency for R–5601A–E would be                     Environmental Review                                  34°43′46″ N., long. 98°49′55″ W.; to Lat.
                                                      changed from ‘‘U.S. Army, Commanding                       This proposal will be subjected to an              34°47′00″ N., long. 98°51′00″ W.; to Lat.
                                                      General, Fort Sill, OK,’’ to ‘‘U.S. Army,               environmental analysis in accordance                  34°50′30″ N., long. 98°46′02″ W.; to Lat.
                                                      Commanding General, U.S. Army Fires                     with FAA Order 1050.1E,                               34°57′51″ N., long. 98°25′47″ W.; to the point
                                                                                                              ‘‘Environmental Impacts: Policies and                 of beginning.
                                                      Center of Excellence (USAFCOE), Fort                                                                            Designated altitudes. 500 feet AGL to, but
                                                      Sill, OK.’’ The using agency for R–5601F                Procedures,’’ prior to any FAA final                  not including, 8,000 feet MSL.
                                                      would be changed from ‘‘Commanding                      regulatory action.                                      Time of designation. Sunrise to 2200 local
                                                      General, United States Army Field                       List of Subjects in 14 CFR Part 73                    time, Monday–Friday; other times by
                                                      Artillery Center (USAFACFS), Fort Sill,                                                                       NOTAM.
                                                      OK,’’ to ‘‘U.S. Army, Commanding                          Airspace, Prohibited areas, Restricted                Controlling agency. FAA, Fort Worth
                                                      General, U.S. Army Fires Center of                      areas.                                                ARTCC.
                                                      Excellence (USAFCOE), Fort Sill, OK.’’                                                                          Using agency. U.S. Army, Commanding
                                                                                                              The Proposed Amendment                                General, U.S. Army Fires Center of
                                                      This change would reflect the current
                                                      organizational responsibilities. The new                  In consideration of the foregoing, the              Excellence (USAFCOE), Fort Sill, OK.
                                                      using agency would also apply to the                    Federal Aviation Administration                       R–5601H    Fort Sill, OK [New]
                                                      proposed R–5601G and R–5601H. The                       proposes to amend 14 CFR part 73 as
                                                                                                                                                                      Boundaries. Beginning at Lat. 34°38′15″ N.,
                                                      boundaries, designated altitudes, times                 follows:
                                                                                                                                                                    long. 98°20′56″ W.; to Lat. 34°38′30″ N., long.
                                                      of designation, and controlling agency                  PART 73—SPECIAL USE AIRSPACE                          98°21′41″ W.; to Lat. 34°38′50″ N., long.
                                                      information for restricted areas R–                                                                           98°22′06″ W.; to Lat. 34°39′53″ N., long.
                                                      5601A–F would not be changed by this                    ■ 1. The authority citation for part 73               98°22′16″ W.; to Lat. 34°40′47″ N., long.
                                                      proposal.                                                                                                     98°23′09″ W.; thence counterclockwise along
                                                                                                              continues to read as follows:
                                                         The FAA does not anticipate any                                                                            an arc, 3-mile radius centered at Lat.
                                                                                                                Authority: 49 U.S.C. 106(f), 106(g); 40103,         34°38′18″ N., long. 98°24′07″ W.; to Lat.
                                                      aeronautical impacts as a result of this
                                                                                                              40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,          34°40′12″ N., long. 98°26′18″ W.; to Lat.
                                                      proposed action since Fort Sill                         1959–1963 Comp., p. 389.                              34°38′15″ N., long. 98°26′19″ W.; to the point
                                                      Approach Control has radar coverage                                                                           of beginning.
                                                      over the proposed restricted areas and                  § 73.56    (Amended)                                    Designated altitudes. Surface to FL 400.
                                                      already controls the airspace from                      ■   2. § 73.56 is amended as follows:                   Time of designation. By NOTAM.
                                                      surface to 7,000 feet MSL. Procedures                                                                           Controlling agency. FAA, Fort Worth
                                                                                                              R–5601A Fort Sill, OK [Amended]
                                                      will be established to continue allowing                                                                      Center.
                                                      non-participating aircraft access to the                  By removing the current using agency and              Using agency. U.S. Army, Commanding
                                                                                                              substituting the following:                           General, U.S. Army Fires Center of
                                                      airspace even when the restricted areas                   Using agency. U.S. Army, Commanding
                                                      are in use. Pilots seeking information                                                                        Excellence (USAFCOE), Fort Sill, OK.
                                                                                                              General, U.S. Army Fires Center of
                                                      about the activity status of R–5601G and                Excellence (USAFCOE), Fort Sill, OK.                    Issued in Washington, DC on October 8,
                                                      R–5601H should contact Fort Sill                                                                              2015.
                                                      Approach Control on the frequency                       R–5601B Fort Sill, OK [Amended]
                                                                                                                                                                    Gary A. Norek,
                                                      listed in the ‘‘Special Use Airspace’’                    By removing the current using agency and            Manager, Airspace Policy Group.
                                                      panel of the Dallas—Ft. Worth Sectional                 substituting the following:
                                                                                                                Using agency. U.S. Army, Commanding                 [FR Doc. 2015–26499 Filed 10–16–15; 8:45 am]
                                                      Aeronautical Chart. Fort Sill Approach
                                                                                                              General, U.S. Army Fires Center of                    BILLING CODE 4910–13–P
                                                      Control will continue to provide VFR                    Excellence (USAFCOE), Fort Sill, OK.
                                                      traffic advisories, as they do today, to
                                                      non-participating aircraft requesting                   R–5601C Fort Sill, OK [Amended]
                                                                                                                                                                    CONSUMER PRODUCT SAFETY
                                                      them.                                                     By removing the current using agency and
                                                                                                              substituting the following:                           COMMISSION
                                                      Regulatory Notices and Analyses                           Using agency. U.S. Army, Commanding
                                                                                                              General, U.S. Army Fires Center of                    16 CFR Parts 1112, 1130, and 1232
                                                        The FAA has determined that this
                                                      proposed regulation only involves an                    Excellence (USAFCOE), Fort Sill, OK.                  [Docket No. CPSC–2015–0029]
                                                      established body of technical                           R–5601D Fort Sill, OK [Amended]
                                                      regulations for which frequent and                                                                            Safety Standard for Children’s Folding
                                                                                                                By removing the current using agency and
                                                      routine amendments are necessary to                                                                           Chairs and Stools
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              substituting the following:
                                                      keep them operationally current. It,                      Using agency. U.S. Army, Commanding                 AGENCY: Consumer Product Safety
                                                      therefore: (1) Is not a ‘‘significant                   General, U.S. Army Fires Center of                    Commission.
                                                      regulatory action’’ under Executive                     Excellence (USAFCOE), Fort Sill, OK.
                                                                                                                                                                    ACTION: Notice of proposed rulemaking.
                                                      Order 12866; (2) is not a ‘‘significant                 R–5601E Fort Sill, OK [Amended]
                                                      rule’’ under Department of                                By removing the current using agency and
                                                                                                                                                                    SUMMARY:   The Danny Keysar Child
                                                      Transportation (DOT) Regulatory                         substituting the following:                           Product Safety Notification Act, Section
                                                      Policies and Procedures (44 FR 11034;                     Using agency. U.S. Army, Commanding                 104 of the Consumer Product Safety
                                                      February 26, 1979); and (3) does not                    General, U.S. Army Fires Center of                    Improvement Act of 2008 (‘‘CPSIA’’)
                                                      warrant preparation of a regulatory                     Excellence (USAFCOE), Fort Sill, OK.                  requires the United States Consumer


                                                 VerDate Sep<11>2014   17:25 Oct 16, 2015   Jkt 238001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\19OCP1.SGM   19OCP1


                                                      63156                  Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules

                                                      Product Safety Commission                               www.regulations.gov. Do not submit                    toddler product’’ and are covered by
                                                      (‘‘Commission’’ or ‘‘CPSC’’) to                         confidential business information, trade              product registration card rule
                                                      promulgate consumer product safety                      secret information, or other sensitive or             promulgated under CPSIA section
                                                      standards for durable infant or toddler                 protected information that you do not                 104(d).1
                                                      products. These standards are to be                     want to be available to the public. If                   Although the product registration
                                                      ‘‘substantially the same as’’ applicable                furnished at all, such information                    card rule does not specifically mention
                                                      voluntary standards or more stringent                   should be submitted in writing.
                                                                                                                                                                    children’s folding stools, the
                                                      than the voluntary standard if the                        Docket: For access to the docket to
                                                                                                              read background documents or                          Commission considers folding stools to
                                                      Commission determines that more
                                                                                                              comments received, go to: http://                     be a subset of folding chairs. Thus, the
                                                      stringent requirements would further
                                                      reduce the risk of injury associated with               www.regulations.gov, and insert the                   Commission proposes to include
                                                      the product. The Commission is                          docket number CPSC–2015–0029, into                    children’s folding stools within the
                                                      proposing a safety standard for                         the ‘‘Search’’ box, and follow the                    scope of the proposed standard. The
                                                      children’s folding chairs and stools in                 prompts.                                              Commission proposes to amend the
                                                      response to the direction under Section                                                                       product registration card rule so the
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      104(b) of the CPSIA. In addition, the                                                                         scope of that rule will be clear that
                                                                                                              Patricia Edwards, Project Manager,
                                                      Commission is proposing an                                                                                    children’s folding chairs and folding
                                                                                                              Directorate for Engineering Sciences,
                                                      amendment to 16 CFR part 1112 to                                                                              stools are identified as durable infant or
                                                                                                              U.S. Consumer Product Safety
                                                      include 16 CFR part 1232 in the list of                                                                       toddler products for purposes of
                                                                                                              Commission, 5 Research Place,
                                                      notice of requirements (‘‘NORs’’) issued                                                                      registration card requirements.
                                                                                                              Rockville, MD 20850; email: pedwards@
                                                      by the Commission and an amendment                      cpsc.gov; telephone: (301) 987–2224.                     As required by section 104(b)(1)(A),
                                                      to 16 CFR part 1130 to identify                         SUPPLEMENTARY INFORMATION:                            the Commission consulted with
                                                      children’s folding stools as a durable                                                                        manufacturers, retailers, trade
                                                      infant or toddler product.                              I. Background and Statutory Authority                 organizations, laboratories, consumer
                                                      DATES: Submit comments by January 4,                       The CPSIA was enacted on August 14,                advocacy groups, consultants, and
                                                      2016.                                                   2008. Section 104(b) of the CPSIA, part               members of the public in the
                                                      ADDRESSES: Comments related to the                      of the Danny Keysar Child Product                     development of this notice of proposed
                                                      Paperwork Reduction Act aspects of the                  Safety Notification Act, requires the                 rulemaking (‘‘NPR’’), largely through the
                                                      marking, labeling, and instructional                    Commission to: (1) Examine and assess                 standards development process of
                                                      literature requirements of the proposed                 the effectiveness of voluntary consumer               ASTM International (formerly the
                                                      mandatory standard for children’s                       product safety standards for durable                  American Society for Testing and
                                                      folding chairs and stools should be                     infant or toddler products, in                        Materials) (‘‘ASTM’’). The proposed rule
                                                      directed to the Office of Information and               consultation with representatives of                  is based on the current voluntary
                                                      Regulatory Affairs, the Office of                       consumer groups, juvenile product                     standard developed by ASTM, ASTM
                                                      Management and Budget, Attn: CPSC                       manufacturers, and independent child                  F2613–14, Standard Consumer Safety
                                                      Desk Officer, FAX: 202–395–6974, or                     product engineers and experts; and (2)                Specification for Children’s Chairs and
                                                      emailed to oira_submission@                             promulgate consumer product safety                    Stools (‘‘ASTM F2613–14’’), with
                                                      omb.eop.gov.                                            standards for durable infant and toddler              several modifications.
                                                         Other comments, identified by Docket                 products. Standards issued under
                                                      No. CPSC–2015–0029, may be                              section 104 are to be ‘‘substantially the                The testing and certification
                                                      submitted electronically or in writing:                 same as’’ the applicable voluntary                    requirements of section 14(a) of the
                                                         Electronic Submissions: Submit                       standards or more stringent than the                  Consumer Product Safety Act (‘‘CPSA’’)
                                                      electronic comments to the Federal                      voluntary standard if the Commission                  apply to product safety standards
                                                      eRulemaking Portal at: http://                          determines that more stringent                        promulgated under section 104 of the
                                                      www.regulations.gov. Follow the                         requirements would further reduce the                 CPSIA. Section 14(a)(3) of the CPSA
                                                      instructions for submitting comments.                   risk of injury associated with the                    requires the Commission to publish an
                                                      The Commission does not accept                          product.                                              NOR for the accreditation of third party
                                                      comments submitted by electronic mail                      The term ‘‘durable infant or toddler               conformity assessment bodies (test
                                                      (email), except through                                 product’’ is defined in section 104(f)(1)             laboratories) to assess conformity with a
                                                      www.regulations.gov. The Commission                     of the CPSIA as ‘‘a durable product                   children’s product safety rule to which
                                                      encourages you to submit electronic                     intended for use, or that may be                      a children’s product is subject. The
                                                      comments by using the Federal                           reasonably expected to be used, by                    children’s folding chairs and stools
                                                      eRulemaking Portal, as described above.                 children under the age of 5 years.’’                  standard, if issued as a final rule, will
                                                         Written Submissions: Submit written                  Although section 104(f)(2) does not                   be a children’s product safety rule that
                                                      submissions by mail/hand delivery/                      specifically identify children’s folding              requires the issuance of an NOR. To
                                                      courier to: Office of the Secretary,                    chairs, high chairs, booster chairs and               meet the requirement that the
                                                      Consumer Product Safety Commission,                     hook-on chairs are explicitly deemed to               Commission issue an NOR for the
                                                      Room 820, 4330 East West Highway,                       be ‘‘durable infant or toddler products.’’            children’s folding chairs and stools
                                                      Bethesda, MD 20814; telephone (301)                     Because folding chairs and folding                    standard, this NPR proposes to amend
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      504–7923.                                               stools serve functions and have                       16 CFR part 1112 to include 16 CFR part
                                                         Instructions: All submissions received               characteristics similar to the listed types           1232, the CFR section where the
                                                      must include the agency name and                        of chairs, folding chairs and folding                 children’s folding chairs and stools
                                                      docket number for this proposed                         stools likewise should be considered to               standard will be codified, if the
                                                      rulemaking. All comments received may                   be ‘‘durable infant or toddler products.’’            standard becomes final.
                                                      be posted without change, including                     This conclusion is consistent with the
                                                      any personal identifiers, contact                       Commission’s prior determination that                   1 Requirements for Consumer Registration of
                                                      information, or other personal                          ‘‘children’s folding chairs’’ fall within             Durable Infant or Toddler Products; Final Rule, 74
                                                      information provided, to: http://                       the definition of a ‘‘durable infant or               FR 68668 (Dec. 29, 2009); 16 CFR 1130.2(a)(13).



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                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                          63157

                                                      II. Product Description                                 or other parts of the hand, with most of              designed for children older than 5, or
                                                         ASTM F2613–14 defines a ‘‘children’s                 the remaining incidents (14) affecting                adults. Accordingly, CPSC staff focused
                                                      chair’’ as ‘‘seating furniture with a rigid             the head or face. The youngest injury                 on incident reports with specific
                                                      frame that is intended to be used as a                  victim was 12 months old. Some victims                information (e.g., make and model of the
                                                                                                              exceeded the intended age range of the                product, photos, or a sufficiently
                                                      support for the body, limbs, or feet of a
                                                                                                              chair, but their injuries demonstrated                detailed description) that allowed staff
                                                      child when sitting or resting in an
                                                                                                              hazards with chairs relevant to the                   to characterize incidents involving
                                                      upright or reclining position.’’ A
                                                                                                              standard (i.e., intended for children                 chairs specifically intended or
                                                      ‘‘children’s stool’’ is defined as a
                                                                                                              under 5). Two injured adults were                     reasonably expected to be used by
                                                      ‘‘children’s chair without back, or
                                                                                                              included among the 98 nonfatal                        children under age 5. Reports indicating
                                                      armrest.’’ ASTM further defines
                                                                                                              incidents, as were several children over              that the product was a folding chair but
                                                      ‘‘folding chair’’ and ‘‘folding stool’’ as
                                                                                                              5 years of age. Reports in which the                  lacking information necessary for staff
                                                      ‘‘a children’s chair or stool which can be
                                                                                                              submitter suggested injuries from the                 to determine the age for which the
                                                      folded for transport or storage.’’ ASTM
                                                                                                              same repeating hazard on multiple                     product is intended were excluded.
                                                      F2613–14, Section 3. The standard
                                                                                                              occasions and/or affecting multiple
                                                      covers a chair or stool intended to be                                                                        A. Hazard Pattern Identification
                                                                                                              victims were counted as a single injury
                                                      used by a single child who can get in                                                                            CPSC staff considered all 182 reports
                                                                                                              incident. These injury counts, therefore,
                                                      and get out of the product unassisted                                                                         and complaints to identify four different
                                                                                                              may be considered conservative.
                                                      and with a seat height 15 inches or less,                                                                     hazard patterns associated with
                                                      with or without a rocking base. The                     2. Incidents With No Injury Reported                  children’s folding chairs and stools. One
                                                      Commission proposes to limit the scope                     Forty-five (45) incidents did not                  hundred forty-three reports involved
                                                      of the mandatory standard to folding                    report an injury. However, these reports              incidents, and 39 reports involved
                                                      chairs and folding stools because the                   illustrate a potential for injuries. These            complaints (without incident).
                                                      hazards presented by folding chairs and                 reports included incidents in which the                  1. Pinch/Shear Hazards—Ninety (90)
                                                      folding stools are different from non-                  chair was occupied or used by a child,                incidents demonstrated pinching or
                                                      folding chairs and stools, as discussed                 plus incidents in which a parent or                   shearing hazards (including the
                                                      further in section V of the preamble.                   submitter detected a malfunction or                   possibility of crushing or scissoring
                                                         There are two primary designs                        hazardous issue while the chair was not               when the chair folds or unfolds,
                                                      associated with children’s folding chairs               in use.                                               regardless of intent). Victims were
                                                      and folding stools: (1) Straight tube                                                                         injured while transitioning the chair
                                                      versions that contact the surface in three              3. Non-Incident Complaints                            between its folded and unfolded states.
                                                      or more capped-tube legs, and (2) bent                     Thirty-nine (39) reports did not                   Victims were also injured following
                                                      tube versions that contact the ground                   describe incidents, but merely reflected              unexpected folding or unfolding of the
                                                      along a substantial portion of the                      concerns regarding recalls. These                     chair (generally described as
                                                      tubular frame. Although there are a                     concerns involved questions about                     ‘‘collapse’’), or because of some
                                                      variety of other designs used for                       recalled products (e.g., determining                  malfunction or issue relevant to these
                                                      children’s folding chairs and folding                   whether a product was subject to recall),             hazards (such as a failed locking
                                                      stools, the primary characteristic that                 or concerns regarding apparent                        mechanism). Although most of these
                                                      applies to all of the products is the                   similarities in design between recalled               injuries involved pinched/sheared
                                                      folding mechanism of the chair and                      and non-recalled products.                            fingers or other body parts, there were
                                                      stool that is used for transport or storage                                                                   two incidents in which the child was
                                                      of the product.                                         4. National Electronic Injury                         injured, but avoided being pinched or
                                                                                                              Surveillance System Estimates                         sheared. In these two incidents, the
                                                      III. Incident Data                                         CPSC also evaluates data reported                  injuries resulted when a child’s head or
                                                         CPSC staff received reports of 98                    through the National Electronic Injury                face struck the floor as a consequence of
                                                      injuries, 45 non-injury incidents, and                  Surveillance System (‘‘NEISS’’), which                the child falling out of the collapsing
                                                      another 39 recall-related complaints                    gathers summary injury data from                      chair.
                                                      associated with children’s folding chairs               hospital emergency departments                           Fingers and hands were the body
                                                      or stools in the Consumer Product                       selected as a probability sample of all               parts most commonly involved in
                                                      Safety Risk Management System                           the U.S. hospitals with emergency                     pinching or shearing hazards. In two
                                                      (‘‘CPSRMS’’) database for the period                    departments. This surveillance                        incidents, other body parts were
                                                      January 1, 2003 through December 31,                    information enables CPSC staff to make                pinched/sheared from unexpected
                                                      2014. Only one of the reported incidents                timely national estimates of the number               folding/collapsing (1 neck incident and
                                                      involved a folding stool, while the                     of injuries associated with specific                  1 leg incident). Out of all 90 pinch/shear
                                                      remainder involved folding chairs.                      consumer products. Based on a review                  hazard incidents, including incidents
                                                      There were no fatalities reported in the                of emergency department visits from                   without actual pinch/shear injuries, at
                                                      data. Reporting is ongoing, and thus, the               January 1, 2003 through December 31,                  least eight incidents involved recalled
                                                      number of reported injury and non-                      2014, CPSC staff determined that there                products (6 injured; 2 without injuries).
                                                      injury incidents from the CPSRMS                        were an estimated 17,500 children                        2. Undetermined Hazard Finger
                                                      system may change in the future.                        younger than 5 years of age treated in                Injuries—Fourteen (14) incidents
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                                                                                                              emergency departments for injuries                    involved finger injuries that were
                                                      1. Incidents With Injuries                                                                                    caused by an undetermined hazard. In
                                                                                                              related to folding chairs and stools.
                                                        Ninety-eight (98) nonfatal incident                      Information from hospital records,                 seven of these incidents, there was
                                                      injuries were reported, some not                        however, does not contain sufficient                  evidence that the victim’s finger was
                                                      medically treated. Injuries involving                   information to determine which injuries               caught in a chair mechanism. For these
                                                      chairs designed for the under 5 age                     involved chairs specially designed for                incidents, the hazard likely is either
                                                      range (51%) were the most frequently                    children under age 5. A known                         pinch/shear related or entrapment
                                                      reported incidents. The most frequent                   proportion of these injuries may have                 related. In the other seven incidents, the
                                                      injuries (76) involved fingers, thumbs,                 involved folding chairs or stools                     child suffered finger injuries, but there


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                                                      63158                  Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules

                                                      was insufficient information to                         ‘‘folding chair’’ and ‘‘folding stool.’’              requirements need to be added to ASTM
                                                      determine the cause of injury. In                       Specifically, ‘‘stools’’ were defined as a            F2613–14. However, CPSC staff will
                                                      general, these injuries were severe (such               specific subset of a chair (‘‘a children’s            continue to monitor hazard patterns and
                                                      as amputation or fracture). Two of the                  chair without back or armrests’’). ASTM               recommend future changes, if necessary.
                                                      incidents involved recalled chairs.                     2613–13 also added stability
                                                                                                                                                                    V. Assessment of Voluntary Standard
                                                        3. Stability/Tipover—Twenty-two (22)                  requirements, a test method for stability,
                                                                                                                                                                    ASTM F2163–14
                                                      incidents involved the chair tipping                    and clarified that locking mechanism
                                                      over without indication of chair                        requirements are applicable only for                    CPSC staff considered the fatalities,
                                                      collapse. Fifteen (15) of these incidents               folding chairs and folding stools.                    injuries, and non-injury incidents
                                                      resulted in injuries. CPSC staff was                       The current version, ASTM F2613–14,                associated with children’s folding chairs
                                                      unable to determine if any of the chairs                was approved on October 1, 2014, and                  and folding stools, and evaluated ASTM
                                                      involved in these stability/tipover                     published in October 2014. ASTM                       F2163–14 to determine whether the
                                                      incidents were recalled models.                         F2613–14 excludes products that do not                current ASTM standard adequately
                                                        4. Miscellaneous—Seventeen (17)                       have a rigid frame (such as bean bag                  addresses the incidents, or whether
                                                      incidents related to various other                      chairs or foam chairs), seats with                    more stringent standards would further
                                                      folding chair or stool issues. These                    restraint systems, products intended for              reduce the risk of injury associated with
                                                      incidents included exposures to high                    use by more than a single child, and                  these products. Based on CPSC staff’s
                                                      levels of lead or other hazardous                       products in which the child could not                 assessment, the Commission proposes
                                                      substances; a collapsing table associated               get in and out of the product unassisted.             the following modifications to ASTM
                                                      with the chair; or loose parts, sharp                   ASTM F2613–14 also includes products                  F2163–14: (1) Limit the scope of the
                                                      points, and seat issues.                                ‘‘with or without a rocking base’’ and                proposed mandatory standard to
                                                                                                              contains many general requirements                    children’s folding chairs and folding
                                                      C. Recall Activities                                    that are common to other juvenile                     stools; (2) change the stability test
                                                         Since January 1, 1997, there have                    product standards, such as requirements               method to add a new performance
                                                      been 11 children’s folding chair or stool               for sharp edges or points, small parts,               requirement and test method to address
                                                      recalls involving 10 different firms, and               and lead in paint. There are also specific            sideways stability incidents in addition
                                                      5,394,600 units of product. The hazards                 performance requirements to address                   to rearwards stability incidents; and (3)
                                                      include pinching, bruising, fractures,                  incidents that may result in lacerations,             revise the marking and labeling
                                                      finger amputations, and lead paint                      fractures, pinches, amputations, and                  sections.
                                                      violations.                                             other injuries. ASTM F2613–14 also                    A. Scope
                                                                                                              contains requirements for marking and
                                                      IV. The ASTM Standard                                   labeling.                                                ASTM F2613–13 expanded the scope
                                                                                                                                                                    of the standard beyond children’s
                                                      A. History of ASTM F2613                                B. International Standards for                        folding chairs to include all children’s
                                                         Section 104(b)(1)(A) of the CPSIA                    Children’s Folding Chairs and Folding                 chairs and stools. CPSC staff conducted
                                                      requires the Commission to consult                      Stools                                                a preliminary review of the incident
                                                      representatives of ‘‘consumer groups,                      CPSC staff compared the performance                data involving all children’s chairs and
                                                      juvenile product manufacturers, and                     requirements of ASTM F2613–14 to the                  stools. CPSC staff determined that,
                                                      independent child product engineers                     performance requirements of                           based on the total number of incidents,
                                                      and experts’’ to ‘‘examine and assess the               international standards: FIRA                         the number of incidents over time
                                                      effectiveness of any voluntary consumer                 C001:2008 Furniture—Children’s                        (years), the body parts injured, and the
                                                      product safety standards for durable                    Domestic Furniture—General Safety                     incident victim’s average age reported,
                                                      infant or toddler products.’’ As a result               Requirements and FIRA C002:2008                       the hazards associated with children’s
                                                      of incidents arising from children’s                    Furniture—Children’s Domestic                         folding chairs or stools are substantially
                                                      folding chairs, CPSC staff requested that               Furniture Seating—Requirements for                    different from the hazards reported for
                                                      ASTM develop voluntary requirements                     Strength, Stability, and Durability,                  children’s non-folding chairs or stools.
                                                      to address the hazard patterns related to               which address children’s chairs.                      Accordingly, the NPR encompasses both
                                                      the use of folding chairs. Through the                     CPSC staff’s review showed that                    folding chairs and folding stools, but
                                                      ASTM process, CPSC staff consulted                      ASTM F2613–14 is the most                             does not include all children’s chairs
                                                      with manufacturers, retailers, trade                    comprehensive of the standards to                     and stools. However, CPSC staff will
                                                      organizations, laboratories, consumer                   address the incident hazards because                  continue to review incidents from
                                                      advocacy groups, consultants, and                       ASTM F2613–14 includes requirements                   children’s non-folding chairs and stools
                                                      members of the public.                                  for labeling, pinch/shear, locking                    to monitor whether hazards associated
                                                         ASTM F2613 was first published in                    devices, entrapment, stability, strength,             with non-folding chairs and stools also
                                                      2007, and since then, the voluntary                     and small parts. FIRA C001/C002                       need to be addressed.
                                                      standard has been revised five times                    standards include some requirements                      ASTM defines ‘‘children’s chair’’ as
                                                      (2009, 2010, 2011, 2013, and 2014). The                 not found in ASTM F2613–14, such as                   ‘‘seating furniture with a rigid frame
                                                      scope of products covered by the                        a requirement for materials to be clean               that is intended to be used as a support
                                                      original version, F2613–07, was limited                 and free from infestation, and                        for the body, limbs, or feet of a child
                                                      to ‘‘children’s folding chairs’’ with a                 requirements that deal with corrosion-                when sitting or resting in an upright or
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                                                      seat height of 15 inches or less.                       resistant metals, prohibition of glass and            reclining position.’’ A ‘‘children’s stool’’
                                                      Significant revisions were made in                      glass mirrors, retention of magnets,                  is defined as a ‘‘children’s chair without
                                                      2013, in ASTM F2613–13, that were                       partially bound and V-shaped openings                 back, or armrest.’’ ASTM defines
                                                      designed to expand the scope of the                     above 23.5 inches, moisture content of                ‘‘children’s folding chair’’ and
                                                      voluntary standard to all children’s                    timber components, and powered-                       ‘‘children’s folding stool’’ as ‘‘a
                                                      chairs and stools. In addition, the ASTM                mechanism shear/pinch hazards.                        children’s chair or stool which can be
                                                      2613–13 standard added definitions for                  However, the hazard patterns identified               folded for transport or storage.’’ ASTM’s
                                                      ‘‘children’s chair’’ and ‘‘children’s                   in CPSC staff’s review of the incident                definition considers children’s folding
                                                      stool,’’ and clarified the definition of a              data did not indicate that similar                    stools to be a subset of children’s


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                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                          63159

                                                      folding chairs, albeit without a back or                that these requirements adequately                    when the chair tipped over. ASTM
                                                      armrest. CPSC staff also agrees that                    address the majority of incidents                     F2613–14 contains a requirement to
                                                      stools are a subset of chairs.                          associated with folding chairs and                    address the rearward stability of the
                                                      Significantly, folding chairs and folding               folding stools. However, as discussed                 chair or stool, but sets forth no
                                                      stools have similar configurations, and                 below, the Commission proposes to                     requirement to address tipovers from
                                                      the same potential hazards are                          change the stability test method to                   lack of sideways stability. The majority
                                                      presented in the folding mechanisms.                    include a sideways stability test                     of the tipover incidents were due to
                                                      One reported incident in the injury data                method, as well as changes to the                     sideways tipovers. Even though most of
                                                      involved folding stools and a pinching                  warning and labeling requirements to                  the injuries sustained were minor, due
                                                      injury to a child’s fingers when the                    further reduce the risk of injury                     to the short height of the chair, there is
                                                      stool’s locking mechanism failed and                    associated with folding chairs and                    the potential for more severe injuries to
                                                      caused the stool to fold. This is the same              stools.                                               occur, if the child falls onto a nearby
                                                      scenario that occurs with folding chairs.                  Pinch/Shear Hazards—ASTM F2613–                    object. Accordingly, CPSC staff
                                                      The configuration of folding stools is                  14 includes requirements to prevent                   performed testing to various stability
                                                      similar to folding chairs, even though                  injury to the occupant from scissoring,               test methods and found that the stability
                                                      stools lack a backrest and arms. Like                   shearing, or pinching when structural                 method currently in ASTM F2613–14
                                                      folding chairs, folding stools can fold                 members or components rotate about a                  could be used to determine both
                                                      unexpectedly or collapse unexpectedly                   common axis, slide, pivot, fold, or                   rearward and sideways stability with
                                                      during use, if there is a faulty locking                otherwise move relative to one another.               modifications.
                                                      mechanism—or no locking mechanism                       CPSC staff’s review concluded that the                  CPSC staff compared the existing
                                                      at all—and result in serious injuries to                current mechanical requirements                       ASTM F2613–14 stability test to the
                                                      fingers if there is a lack of adequate                  adequately address the pinch and shear                stability requirements found in the
                                                      clearance. Although CPSC staff is not                   hazards in children’s folding chairs and              European standard EN 1022 Domestic
                                                      aware of any reported stability-related                 stools. The number of reported                        Furniture Seating—Determination of
                                                      incidents associated with folding stools,               incidents has continued to decline since              Stability. However, the requirements in
                                                      ASTM F2613–14 currently requires                        ASTM F2613 was first published in                     EN 1022 are applicable to adult-sized
                                                      folding stools to be tested to the same                 2007, with reported incidents                         furniture, not children’s furniture.
                                                      rearward stability test as required for                 continuing to occur on chairs that are                Accordingly, CPSC staff reviewed a
                                                      folding chairs. The sideways stability                  either noncompliant or not readily                    standard developed by the UK Furniture
                                                      test would be equally applicable to                     identifiable as folding chairs or folding             Industry Research Association (‘‘FIRA’’),
                                                      folding stools. CPSC staff’s review                     stools. Although these injuries and                   FIRA C002:2008 Furniture—Children’s
                                                      indicated that the test methods for                     incidents have declined, CPSC believes                Domestic Furniture Seating—
                                                      loading, locking mechanisms,                            that strengthening the warning and                    Requirements for Strength, Stability,
                                                      clearances, stability testing, and labeling             labeling requirements for finger                      and Durability. FIRA C002 specifies the
                                                      requirements for folding stools would be                amputation hazards may make                           EN 1022 test method, but adjusts the
                                                      the same for folding chairs.                            caregivers more aware of the hazard,                  test loads based on the weight of the
                                                         Based on CPSC staff’s review of the                  and possibly reduce the likelihood that               intended child occupant. FIRA C002
                                                      configurations of children’s folding                    these types of incidents will occur in                further references EN 1729–2
                                                      chairs and folding stools and the                       the future.                                           Furniture—Chairs and Tables for
                                                      hazards presented by them, the                             Undetermined Hazard Finger                         Educational Institutions Part 2, for
                                                      Commission proposes to include                          Injuries—CPSC staff’s review of the                   determining the loading points for the
                                                      children’s folding stools, along with                   incident data indicates that some of the              test loads. After testing both methods
                                                      children’s folding chairs, in the scope of              undetermined hazard finger injuries are               (ASTM F2613–14 and EN 1022) for
                                                      the proposed rule. However, the                         likely due to pinching and shearing                   sideways stability on sample children’s
                                                      Commission seeks public comments                        issues discussed above in in the hazard               folding chairs, CPSC staff determined
                                                      regarding the inclusion of children’s                   patterns and finger entrapments.                      that both methods were valid and the
                                                      folding stools in the proposed standard.                However, CPSC staff did not obtain                    results were comparable between the
                                                                                                              enough information in the incident                    two methods. However, the ASTM
                                                      B. Hazards                                              reports to make a definitive                          F2613–14 test method already is being
                                                         CPSC believes that ASTM F2613–14                     determination. Other than pinching/                   used to test rearwards stability, and
                                                      adequately addresses many of the                        shearing, fingers can be caught between               CPSC staff found that the test method
                                                      general hazards associated with durable                 non-moving parts, in circular holes, or               could be used also to test sideways
                                                      nursery products, such as lead in paint                 in grooves or slots. Finger entrapment in             stability with modifications, to reduce
                                                      and surface coatings, sharp edges/sharp                 circular holes results in cutting off                 the incidents of tipovers.
                                                      points, small parts, wood part splinters,               circulation, which does not generally                   On July 24, 2015, ASTM balloted the
                                                      openings/entrapments, flammable                         occur with grooves or slots. The current              sideways stability requirement, which
                                                      solids, and attached toy accessories. The               standard includes requirements to avoid               received five negative votes and several
                                                      standard covers specific requirements                   finger entrapment in circular holes by                comments, most of which contained
                                                      for folding chairs and stools, including                establishing allowable dimensions for                 editorial comments to the ballot. The
                                                      requirements for adequate clearances or                 circular holes. At this time, the                     negatives all pertain to a common style
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                                                      locking mechanisms to address pinch/                    Commission is not proposing any                       non-folding chair without arms that fails
                                                      shear hazards related to folding of the                 changes to ASTM F2613–14 to address                   the balloted requirement, but is not
                                                      chair, load requirements to address                     these undetermined incidents.                         associated with any incidents. However,
                                                      structural integrity, stability                            Stability/Tipover Hazard—A review                  the proposed rule does not include non-
                                                      requirements to address rearward                        of incident data reveals 22 occurrences               folding chairs and stools, and non-
                                                      tipover and warning and labeling                        of chairs tipping over with no evidence               folding chairs and stools are outside the
                                                      requirements to inform the user of the                  of the chair collapsing. The incident                 scope of the proposed rule. Accordingly,
                                                      hazards associated with children’s                      descriptions often state that the child               the Commission proposes to change the
                                                      folding chairs and stools. CPSC believes                was leaning over or reaching to one side              stability test method in ASTM F2613–14


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                                                      63160                  Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules

                                                      to include a sideways stability test                    that may be separate and distinct label               children’s folding chairs and stools, to
                                                      method, in addition to rearward                         on a folding chair is on the back of the              provide specific guidance for a more
                                                      stability testing, to reduce the number of              chair’s back rest away from warnings on               consistent and prominent presentation
                                                      tip-over-related incidents for folding                  the underside of the chair. An example                of hazard information through the use of
                                                      chairs and folding stools.                              of separate and distinct label on a                   clear and conspicuous text. In addition,
                                                         Miscellaneous Hazards—CPSC staff’s                   folding stool is on a visible location                the proposed rule recommends that the
                                                      review of the incident data included 17                 such as on the legs in such a way that                warnings be separate and distinct from
                                                      incidents involving miscellaneous                       the label does not wrap around the legs.              other written material or graphics, so
                                                      hazards. Three incidents related to                        Processing the Safety Message—                     that the label is clearly visible when
                                                      elevated levels of hazardous materials                  Currently, ASTM2613–14 requires that                  consumers approach the folding chair or
                                                      (e.g., lead, bromine, or mercury). One of               the warnings be easy to read and                      folding stool.
                                                      the incidents appears to be ‘‘non-                      understand. However, this requirement
                                                      product-related,’’ and the remaining 13                 is vague and gives no guidance on how                 VI. The Proposed Rule
                                                      incidents involved various integrity                    to implement these requirements. CPSC                 A. CPSC’s Proposed Standard for
                                                      issues, such as loose screws, loose                     staff’s research indicates that warnings              Children’s Folding Chairs and Stools
                                                      plastic pieces, or a detached seat pad.                 in a bullet point, outline-type list are
                                                         ASTM 2613–14 contains requirements                   rated higher by subjects on perceived                    The Commission is proposing to
                                                      prohibiting certain hazardous                           effectiveness than when in paragraph                  incorporate by reference ASTM F2613–
                                                      substances, including lead and                          format. Similarly, text arranged in a list            14, with certain modifications to
                                                      flammable substances. In addition,                      format, rather than horizontally, makes               strengthen the standard. As discussed in
                                                      ASTM 2613–14 also includes                              instructions easier to follow. Other                  the previous section, the Commission
                                                      requirements for sharp points and                       changes, such as using ‘‘white space’’ to             concludes that these modifications will
                                                      edges, which were noted in some                         break up text into ‘‘chunks’’ of                      further reduce the risk of injury
                                                      incidents. CPSC staff’s review also                     information, using sans serif typestyle               associated with children’s folding chairs
                                                      indicated that the static load and fatigue              for short word messages, and a mixture                and stools.
                                                      tests in ASTM 2613–14 also would                        of upper and lower case lettering, can be                The proposed rule would limit the
                                                      minimize integrity issues. Accordingly,                 less confusing and easier to read than all            scope of the rule to children’s folding
                                                      the Commission is not proposing any                     uppercase lettering because there is                  chairs and folding stools under section
                                                      changes to the existing ASTM F2613–14                   more variation among the letter shapes.               1232.1. The definition of ‘‘children’s
                                                      standard to address these miscellaneous                 CPSC staff’s evaluation indicated that if             folding chair’’ and ‘‘folding stool’’ is
                                                      incidents at this time.                                 these elements are included, warning                  provided in ASTM F2613–14 in section
                                                         Marking and Labeling—CPSC staff’s                    labels will be easier to read and                     3.1.4. In addition, section 1232.2(a)
                                                      review of the warning labels in ASTM                    understand.                                           would incorporate by reference ASTM
                                                      2613–14 indicates that the existing                        Motivating Behavioral Change—CPSC                  F2613–14, with the exception of certain
                                                      warning labels found in the 2014                        staff’s research indicates that if a                  provisions that the Commission
                                                      version of the standard can be improved                 consumer notices the label, and reads                 proposes to modify. Section 1232.2(b)
                                                      in terms of content and format, by                      and understands the safety messages,                  would detail the changes and
                                                      improving three areas: (1) Noticing the                 the label should motivate a change in                 modifications to ASTM F2613–14 that
                                                      label; (2) processing the safety message;               behavior. To motivate consumers to                    the Commission has determined would
                                                      and (3) motivating behavior changes.                    comply with the warning, the warning                  further reduce the risk of injury from
                                                         Noticing the Label—Currently, many                   should tell consumers why they need to                children’s folding chairs and folding
                                                      folding chairs and folding stools place                 comply. Therefore, the way in which                   stools.
                                                      the warning label on the bottom of the                  the warning describes the hazard, as                     In particular, we would revise section
                                                      seating surface of the chair. CPSC staff                well as a statement about the                         5.13 (Stability), to specify that all
                                                      believes that consumers are less likely                 consequences of ignoring the warning,                 products shall not tip over backwards or
                                                      to notice the warnings on the bottom of                 may have an influence on compliance                   sideways when tested in accordance
                                                      the chair for several reasons. First,                   rates. Further, the label needs to tell               with the stability test methods and
                                                      consumers are not likely to notice the                  consumers what to do to avoid the                     provide that tip over shall consist of the
                                                      warning when the chair is unfolded and                  hazard.                                               product moving past equilibrium and
                                                      in the upright position. Second, a                         CPSC staff developed suggested                     begin to overturn. In addition, we
                                                      child’s folding chair or stool has no                   wording and formatting changes for                    propose to revise Section 6.8 (Stability
                                                      obvious hazards. If the perception of                   children’s folding chairs and folding                 Test Method) to include a test method
                                                      hazard associated with a product is low,                stools that CPSC staff believed would                 for sideways stability testing, as well as
                                                      consumers are less likely to look for a                 improve the warning label sections of                 rearward stability testing. We also
                                                      warning. Third, in many instances, even                 the voluntary standard. CPSC staff                    propose to add Section 6.8.1 to provide
                                                      if consumers looked for a warning on a                  circulated these proposed wording and                 the requirements for the test equipment
                                                      currently-marketed folding chair or                     formatting changes to the ASTM                        and preparation, and specify the test
                                                      stool, the consumer may not notice the                  subcommittee responsible for ASTM                     surface area, test cylinders, and
                                                      warning because the warning is                          F2613–14, and discussed the proposed                  measurement of product seating surface
                                                      embedded or buried among non-safety                     changes at public ASTM meetings in                    height.
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                                                      messages.                                               January and May 2015. In response to                     The proposed rule would add section
                                                         Although CPSC staff believes that the                feedback received from ASTM and                       6.8.2. to provide the test method for
                                                      ideal placement of the label is on the                  stakeholders, CPSC staff made                         rearward stability and section 6.8.3 to
                                                      front of the chair, such placement may                  adjustments to staff’s proposed warning               provide the test method for sideways
                                                      detract from the appearance of the                      labels.                                               stability. Those sections would also
                                                      product and make consumers remove                          Based on staff’s evaluation, the                   specify the product orientation, the
                                                      the label. Accordingly, CPSC staff                      Commission now proposes to adopt                      application of the load, cylinder
                                                      looked at other locations for appropriate               ASTM F2613–14, with modifications to                  positioning for folding chairs, and
                                                      label placement. For example, one area                  some of the warning labels for                        cylinder positioning for folding stools.


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                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                           63161

                                                         We also propose revisions to the                     the materials reasonably available. In                   All new NORs for new children’s
                                                      marking and labeling section in section                 addition, the preamble to the proposed                product safety rules, such as the
                                                      7.2. Specifically, section 7.2 would be                 rule must summarize the material.                     children’s folding chairs and stools
                                                      changed to state that each folding chair                1 CFR 51.5(a).                                        standard, require an amendment to part
                                                      and each folding stool requires warning                    In accordance with the OFR’s                       1112. To meet the requirement that the
                                                      statements. New proposed requirements                   requirements, section V of this preamble              Commission issue a NOR for the
                                                      would provide specific instructions so                  summarizes the provisions of ASTM                     proposed children’s folding chairs and
                                                      that warnings are easier to read and are                F2613–14 that the Commission proposes                 stools standard, as part of this NPR, the
                                                      more conspicuous. Some of these                         to incorporate by reference. ASTM                     Commission proposes to amend the
                                                      requirements include putting the                        F2613–14 is copyrighted. By permission                existing rule that codifies the list of all
                                                      warnings in the English language, using                 of ASTM, the standard can be viewed as                NORs issued by the Commission to add
                                                      highly contrasting color(s) in non-                     a read-only document during the                       children’s folding chairs and stools to
                                                      condensed sans serif type, text size, and               comment period on this NPR, at:                       the list of children’s product safety rules
                                                      placing the label separate and distinct                 http://www.astm.org/cpsc.htm.                         for which the CPSC has issued a NOR.
                                                      from any other graphic or written                       Interested persons may also purchase a                   Test laboratories applying for
                                                      material on the product. Other proposed                 copy of ASTM F2613–14 from ASTM                       acceptance as a CPSC-accepted third
                                                      requirements would provide specific                     International, 100 Bar Harbor Drive,                  party conformity assessment body to
                                                      language for the warning statements                     P.O. Box 0700, West Conshohocken, PA                  test to the new standard for children’s
                                                      including the use of the safety alert                   19428; http://www.astm.org. One may                   folding chairs and stools would be
                                                      symbol                                                  also inspect a copy at CPSC’s Office of               required to meet the third party
                                                                                                              the Secretary, U.S. Consumer Product                  conformity assessment body
                                                                                                              Safety Commission, Room 820, 4330                     accreditation requirements in part 1112.
                                                                                                              East West Highway, Bethesda, MD                       When a laboratory meets the
                                                      and the signal words ‘‘WARNING,’’ and                                                                         requirements as a CPSC-accepted third
                                                                                                              20814, telephone 301–504–7923.
                                                      ‘‘AMPUTATION HAZARD’’.                                                                                        party conformity assessment body, the
                                                                                                              VIII. Amendment of 16 CFR Part 1112                   laboratory can apply to the CPSC to
                                                      B. Other Provisions of the Proposed Rule
                                                                                                              To Include NOR for Children’s Folding                 have 16 CFR part 1232, Standard
                                                         The Commission is also proposing to                  Chairs and Stools                                     Consumer Safety Specification for
                                                      amend 16 CFR part 1112 to include 16                                                                          Children’s Folding Chairs and Stools,
                                                      CFR part 1232 in the list of notice of                     The CPSA establishes certain
                                                                                                                                                                    included in the laboratory’s scope of
                                                      requirements (‘‘NORs’’) issued by the                   requirements for product certification
                                                                                                                                                                    accreditation of CPSC safety rules listed
                                                      Commission, as discussed in section                     and testing. Products subject to a
                                                                                                                                                                    for the laboratory on the CPSC Web site
                                                      VIII of the preamble.                                   consumer product safety rule under the
                                                                                                                                                                    at: www.cpsc.gov/labsearch.
                                                         In addition, for consistency in                      CPSA, or to a similar rule, ban, standard
                                                      deeming both children’s folding chairs                  or regulation under any other act                     IX. Effective Date
                                                      and folding stools to be ‘‘durable infant               enforced by the Commission, must be                      The Administrative Procedure Act
                                                      or toddler products,’’ the Commission                   certified as complying with all                       (‘‘APA’’) generally requires that the
                                                      also is proposing to amend 16 CFR                       applicable CPSC-enforced requirements.                effective date of a rule be at least 30
                                                      1130.2 to make the scope of the                         15 U.S.C. 2063(a). Certification of                   days after publication of the final rule.
                                                      registration card rule applicable to both               children’s products subject to a                      5 U.S.C. 553(d). The Commission is
                                                      children’s folding chairs and folding                   children’s product safety rule must be                proposing an effective date of 6 months
                                                      stools. As discussed in section V of the                based on testing conducted by a CPSC-                 after publication of the final rule in the
                                                      preamble, although the registration card                accepted third party conformity                       Federal Register for products
                                                      rule specifically lists children’s folding              assessment body. Id. 2063(a)(2). The                  manufactured or imported on or after
                                                      chairs, the rule is silent on children’s                Commission must publish a NOR for the                 that date. The proposed rule would
                                                      folding stools (16 CFR 1130.2(a)(13)).                  accreditation of third party conformity               require manufacturers to make design or
                                                      The Commission considers folding                        assessment bodies to assess conformity                manufacturing changes to address the
                                                      stools to be a subset of folding chairs,                with a children’s product safety rule to              proposed sideways stability testing
                                                      and therefore, proposes to include                      which a children’s product is subject.                requirements. The warning label
                                                      children’s folding stools within the                    Id. 2063(a)(3). Thus, the proposed rule               changes do not affect the design and
                                                      scope of the proposed standard.                         for 16 CFR part 1232, Safety Standard                 manufacturing of the folding chairs or
                                                      Accordingly, the Commission proposes                    for Children’s Folding Chairs and                     folding stools, but rather, require
                                                      to amend § 1130.2 by revising paragraph                 Stools, if issued as a final rule, would              printing new labels. The Commission
                                                      (a)(13) to include both children’s folding              be a children’s product safety rule                   believes that most firms should be able
                                                      chairs and folding stools.                              requiring the issuance of a NOR.                      to comply within the 6-month time
                                                                                                                 The Commission published a final                   frame and allow ample time for
                                                      VII. Incorporation by Reference                         rule, Requirements Pertaining to Third                manufacturers and importers to arrange
                                                         Section 1232.2(a) of the proposed rule               Party Conformity Assessment Bodies, 78                for third party testing, consistent with
                                                      incorporates by reference ASTM F2670–                   FR 15836 (March 12, 2013), codified at                the timeframe adopted in a number of
                                                      13. The Office of the Federal Register                  16 CFR part 1112 (‘‘part 1112’’) and                  other section 104 rules. However, the
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                                                      (‘‘OFR’’) has regulations concerning                    effective on June 10, 2013, establishing              Commission seeks comments regarding
                                                      incorporation by reference. 1 CFR part                  requirements for CPSC acceptance of                   the economic impact on small
                                                      51. The OFR regulations require that, for               third party conformity assessment                     manufacturers and importers on
                                                      a proposed rule, agencies must discuss                  bodies to test for conformance with a                 meeting the side stability testing
                                                      in the preamble to the NPR, ways that                   children’s product safety rule in                     requirements as well as meeting the
                                                      the materials the agency proposes to                    accordance with section 14(a)(2) of the               third party testing requirements
                                                      incorporate by reference are reasonably                 CPSA. Part 1112 also codifies all of the              discussed in section X below. In
                                                      available to interested persons, or                     NORs previously issued by the                         addition, we ask for comments on the
                                                                                                                                                                                                                  EP19OC15.007</GPH>




                                                      explain how the agency worked to make                   Commission.                                           proposed 6-month effective date.


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                                                      63162                  Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules

                                                      X. Regulatory Flexibility Act                           (‘‘SBA’’). One importer’s size could not              requirements; the compliance of the
                                                                                                              be determined.                                        other could not be determined.
                                                      A. Introduction                                            The Juvenile Products Manufacturers                Regardless of conformance to the
                                                         The Regulatory Flexibility Act                       Association (‘‘JPMA’’) maintains a                    voluntary standard, the proportion of
                                                      (‘‘RFA’’) requires agencies to consider                 certification program for children’s                  chairs that might need modifications to
                                                      the impact of proposed rules on small                   folding chairs and folding stools but at              comply with side stability requirements
                                                      entities, including small businesses. The               this time there are no active                         could be high. In testing conducted by
                                                      RFA generally requires agencies to                      participants. JPMA does not maintain a                CPSC Engineering Sciences (‘‘ES’’) staff,
                                                      review proposed rules for their potential               list of firms complying with the                      7 models out of 9 model samples (from
                                                      impact on small entities and prepare an                 voluntary standard for children’s chairs;             both small and large firms) failed the
                                                      initial regulatory flexibility analysis                 compliance of firms with the voluntary                proposed test for side stability.
                                                      (‘‘IRFA’’) unless the agency certifies that             standard is self-reported and several                    If a folding chair or a folding stool
                                                      the rule, if promulgated, will not have                 firms report compliance with ASTM                     must be modified to comply with the
                                                      a significant economic impact on a                      standards. Some of the firms in the                   staff’s proposed side-stability
                                                      substantial number of small entities. 5                 market participate actively in the ASTM               requirements, costs will vary with the
                                                      U.S.C. 603 and 605. Because CPSC staff                  standard process and those firms are                  necessary modification. CPSC ES staff
                                                      was unable to estimate precisely all                    likely to comply with the voluntary                   has identified the addition of a small
                                                      costs of the proposed rule, staff                       standard.                                             plastic stabilizer to each corner as a
                                                      conducted such an analysis. The IRFA                                                                          possible modification for chairs or
                                                                                                              C. Reason for Agency Action and Legal
                                                      must describe the impact of the                                                                               stools with rounded tube frames, based
                                                                                                              Basis for Proposed Rule
                                                      proposed rule on small entities and                                                                           on one model tested which passed with
                                                      identify significant alternatives that                    Section 104(b) of the CPSIA requires                these stabilizers and failed the test with
                                                      accomplish the statutory objectives and                 the CPSC to promulgate a mandatory                    them removed. Similarly designed
                                                      minimize any significant economic                       standard for children’s folding chairs                models found in Europe, where side
                                                      impact of the proposed rule on small                    and stools that is substantially the same             stability requirements exist for
                                                      entities. Specifically, the IRFA must                   as, or more stringent than, the voluntary             children’s folding chairs, also contain
                                                      contain:                                                standard if the Commission determines                 these stabilizers. The costs of adding
                                                         • A description of, and where                        that a more stringent standard would                  these small pieces of plastic would
                                                      feasible, an estimate of the number of                  further reduce the risk of injury                     likely be low, due to the size and
                                                      small entities to which the proposed                    associated with such products. The                    material.
                                                      rule will apply;                                        Commission is proposing a safety                         For chairs with other frame types and
                                                         • a description of the reasons why                   standard for children’s folding chairs                arms that extend farther out from the
                                                      action by the agency is being                           and stools in response to the                         seating area, for which the plastic
                                                      considered;                                             requirements of section 104(b).                       stabilizers are either not possible or not
                                                         • a succinct statement of the                        D. Other Federal Rules                                sufficient, a redesign may be necessary
                                                      objectives of, and legal basis for, the                                                                       to eliminate the arms or otherwise
                                                                                                                The Commission has not identified
                                                      proposed rule;                                                                                                modify the chair’s design for
                                                                                                              any federal or state rule that duplicates,
                                                         • a description of the projected                     overlaps, or conflicts with the proposed              compliance with the requirements. One
                                                      reporting, recordkeeping, and other                     rule.                                                 manufacturer estimates the costs to
                                                      compliance requirements of the                                                                                redesign a non-compliant chair to be
                                                      proposed rule, including an estimate of                 E. Impact of the New Standards and                    $10,000, including 9 to 12 months of
                                                      the classes of small entities subject to                Testing Requirements on Small                         labor and development time. This cost
                                                      the requirements and the type of                        Businesses                                            could be significant for one
                                                      professional skills necessary for the                      Under SBA guidelines, a                            manufacturer, if a redesign were
                                                      preparation of reports or records; and                  manufacturer of children’s folding                    required for all models. The costs for a
                                                         • identification, to the extent                      chairs and stools is categorized as                   non-compliant folding chair that does
                                                      possible, of all relevant federal rules                 ‘‘small’’ if it has 500 or fewer                      not require a full redesign would likely
                                                      that may duplicate, overlap, or conflict                employees, and importers and                          be lower. The costs for redesign of
                                                      with the proposed rule; and                             wholesalers are considered ‘‘small’’ if               warning labels is expected to be 1 hour
                                                         • a description of any significant                   they have 100 or fewer employees. Staff               of labor time at current labor rates, as
                                                      alternatives to the proposed rule that                  has identified four firms currently                   discussed in section XII below.
                                                      accomplish the stated objectives of                     manufacturing and ten firms importing                    At this time, CPSC staff does not have
                                                      applicable statutes and minimize the                    children’s folding chairs and stools in               sufficient information to determine
                                                      rule’s economic impact on small                         the United States. All four                           what proportion of folding chair or
                                                      entities.                                               manufacturers and six of the importers                folding stool models currently in the
                                                                                                              are categorized as small businesses. One              market will be able to meet the side-
                                                      B. Market                                                                                                     stability requirements through a simple
                                                                                                              importer’s size could not be determined.
                                                         CPSC staff is aware of four domestic                                                                       and inexpensive fix like adding a plastic
                                                      firms manufacturing and ten domestic                    Small Manufacturers                                   stabilizer versus the proportion of
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                                                      firms importing children’s folding                        Of the four identified small                        models that will require a more costly
                                                      chairs and/or stools in the United                      manufacturers of children’s folding                   redesign. Without this information, the
                                                      States. Most firms only supply one                      chairs and stools in the United States,               economic impact that the four small
                                                      model of chair; two supply two models,                  two claim compliance with the                         manufacturers will experience due to
                                                      and one supplies five distinct models.                  voluntary standard, and at least one                  the proposed side-stability requirements
                                                      All four manufacturers and six                          participates in the ASTM process. Of                  is difficult to assess. Therefore, we
                                                      importers are categorized as ‘‘small                    the two remaining manufacturers, one                  cannot rule out a significant economic
                                                      firms’’ under the guidelines of the U.S.                does not comply with warning label                    impact for small folding chair
                                                      Small Business Administration                           requirement and possibly other                        manufacturers.


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                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                          63163

                                                         The Commission seeks information on                  Product Certification (16 CFR part                    testing would lead to significant
                                                      the modifications that manufacturers                    1107). Third party testing will include               economic impact.
                                                      expect are needed for existing folding                  physical and mechanical test                             Small Domestic Importers. Of the six
                                                      chair or folding stool models to meet the               requirements specified in the folding                 or seven small importers, only one
                                                      side-stability requirements as well as                  chairs final rule; lead testing is already            claims that its products comply with the
                                                      any data regarding the expected costs of                required. Third party testing costs are in            ASTM standard. The state of
                                                      such modifications. In particular, the                  addition to the direct costs of meeting               compliance for the remainder could not
                                                      Commission seeks comments on the                        the standard.                                         be determined. For the importer or
                                                      likely costs of compliance with the side-                  CPSC staff contacted two small                     importers currently in compliance with
                                                      stability requirements and the extent to                manufacturers regarding testing costs                 the voluntary standard, if their products
                                                      which the total cost of any necessary                   and one firm estimated that chemical                  pass the sideways stability test, there
                                                      modifications might exceed one percent                  and structural testing of one unit of a               should be minimal burden associated
                                                      of the manufacturer’s gross revenue.                    children’s folding chair costs around                 with compliance. As most of the
                                                         Three of the small manufacturers of                  $1,000 annually. No other firms were                  imported chairs tested by CPSC
                                                      children’s folding chairs and folding                   willing or able to supply the requested               engineering staff failed the proposed
                                                      stools have diversified product lines. If               testing cost information. Estimates                   sideways stability test, it is probable
                                                      the cost of compliance with the                         provided by suppliers for other section               that many importers’ products would
                                                      proposed rule is too high, these firms                  104 rulemakings indicate that around 40               not comply with the proposed rule.
                                                      might discontinue production, thus                      to 50 percent of testing costs can be                    Whether there is a significant
                                                      avoiding significant economic harm.                     attributed to structural requirements,                economic impact on small importers
                                                      However, because revenue data for these                 with the remaining 50 to 60 percent                   will depend upon the extent of the
                                                      firms was not sufficiently detailed,                    resulting from chemical testing (lead                 changes required to come into
                                                      CPSC staff cannot determine with any                    testing). CPSC staff estimates that testing           compliance and the response of their
                                                      certainty whether exit from the market                  to structural components of the ASTM                  supplying firms. In general, if the
                                                      is an economically viable option. The                                                                         supplying firm comes into compliance,
                                                                                                              voluntary standard could cost about
                                                      remaining manufacturer supplies a                                                                             the importer could elect to continue
                                                                                                              $400 to $500 per sample tested ($1,000
                                                      folding chair as an accessory with its                                                                        importing the compliant product. Any
                                                                                                              × .4 to $1,000 × .5). These costs are
                                                      one main product. This manufacturer’s                                                                         increase in production costs
                                                                                                              consistent with testing cost estimates for
                                                      folding chair does not currently comply                                                                       experienced by suppliers as a result of
                                                                                                              products with standards of similar
                                                      with the voluntary standard. Although                                                                         changes made to meet the mandatory
                                                                                                              complexity.
                                                      the firm might be able to offer its                                                                           standard could be passed on to the
                                                                                                                 CPSC staff’s review of the children’s              importers. If an importer is unwilling or
                                                      product line without a folding chair,
                                                                                                              folding chairs and folding stools market              unable to accept the increased costs, or
                                                      CPSC staff cannot determine whether
                                                                                                              shows that three small domestic                       if the importer’s supplier decides not to
                                                      ceasing the sale of its folding chair
                                                                                                              manufacturers supply one model of                     comply with the mandatory standard,
                                                      would have a significant adverse impact
                                                      on the firm, and thus, CPSC staff is                    children’s folding chair or folding stool             the importer could find another supplier
                                                      unable to rule out a significant                        to the U.S. market annually. The fourth               of children’s folding chairs and stools or
                                                      economic impact based on this                           small manufacturer supplies five                      stop importing children’s folding chairs
                                                      manufacturer’s ability to exit the                      models of children’s folding chairs and               and stools. Because no small importers
                                                      market.                                                 folding stools. Therefore, if third party             responded to requests for information,
                                                         To better assess the economic impact                 testing were conducted every year, third              however, staff could not estimate the
                                                      on small manufacturers, the                             party testing costs for three                         economic impact on these firms and
                                                      Commission is interested in obtaining                   manufacturers with only one model                     cannot rule out a significant economic
                                                      data on the importance of children’s                    would be about $400–$500 annually per                 impact.
                                                      folding chairs and stools relative to a                 model tested, and $2,000–$2,500 for the                  To assist with further analysis of the
                                                      manufacturer’s overall product line and                 other manufacturer ($400–$500 per                     impact of the rule on small importers,
                                                      gross revenues, and feedback regarding                  model, five models), if only one sample               the Commission seeks information on
                                                      the desirability of exit as a strategy for              were tested for each model.                           the degree to which supplying firms
                                                      averting regulatory compliance costs.                      The testing and labeling rule (16 CFR              tend to pass on increases in production
                                                      For example, do sales of children’s                     part 1107) is not explicit regarding the              and regulatory costs to importers. To
                                                      folding chairs or folding stools                        number of samples firms will need to                  what extent is the ability to pass on
                                                      constitute a small proportion of a                      test to meet the ‘‘high degree of                     these costs limited by the ease with
                                                      manufacturer’s overall revenue (i.e. less               assurance’’ criterion. However, based on              which importers can switch suppliers or
                                                      than one percent of gross revenue)?                     an examination of each small domestic                 substitute an alternative product for
                                                      Would a typical manufacturer of                         manufacturer’s revenues from recent                   children’s folding chairs and stools?
                                                      children’s folding chairs or folding                    Dun & Bradstreet or Reference USA                        As with manufacturers, all importers
                                                      stools be able to discontinue production                reports, testing costs are likely to be               will be subject to third party testing and
                                                      without experiencing significant                        under one percent of gross revenue for                certification requirements, and
                                                      economic hardship?                                      these small manufacturers. Thus, it                   consequently, will be subject to costs
                                                         Under section 14 of the CPSA,                        seems unlikely that testing costs, by                 similar to those for manufacturers if the
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                                                      children’s folding chairs and stools are                themselves, would be economically                     importer’s supplying foreign firm(s)
                                                      subject to third party testing and                      significant for the small manufacturers               does not perform third party testing.
                                                      certification. Once the new                             unless a very high number of samples                  These testing costs are not likely, by
                                                      requirements become effective, all                      per model were needed to meet the                     themselves, to exceed one percent of
                                                      manufacturers will be subject to the                    ‘‘high degree of assurance’’ criterion.               gross revenue for the six small domestic
                                                      additional costs associated with the                    The Commission seeks comments on the                  importers for which revenue
                                                      third party testing and certification                   typical number of samples that are                    information is available. The impact on
                                                      requirements under the testing rule,                    tested to satisfy third party testing                 the other importer is unknown. Again,
                                                      Testing and Labeling Pertaining to                      requirements, and whether third party                 the Commission is interested in the size


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                                                      63164                         Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules

                                                      of the economic impact third party                                        anticipated receiving sufficient revenue                XII. Paperwork Reduction Act
                                                      testing poses for importers, and whether                                  from the mandated testing to justify
                                                                                                                                                                                          This proposed rule contains
                                                      testing costs would constitute a small                                    accepting the requirements as a business
                                                                                                                                                                                        information collection requirements that
                                                      proportion of a manufacturer’s overall                                    decision.
                                                                                                                                  Based on similar reasoning, amending                  are subject to public comment and
                                                      revenue (i.e. less than one percent of
                                                      gross revenue).                                                           16 CFR part 1112 to include the NOR for                 review by the Office of Management and
                                                         Alternatives. CPSC staff reviewed the                                  the children’s folding chair and stool                  Budget (‘‘OMB’’) under the Paperwork
                                                      alternatives to the proposed mandatory                                    standard will not have a significant                    Reduction Act of 1995 (‘‘PRA’’) (44
                                                      standard. Adopting ASTM F2613–14                                          adverse impact on small test                            U.S.C. 3501–3521). In this document,
                                                      with respect to children’s folding chairs                                 laboratories. Moreover, based upon the                  pursuant to 44 U.S.C. 3507(a)(1)(D), we
                                                      and stools, but without any further                                       number of test laboratories in the United               set forth:
                                                      modifications to the performance                                          States that have applied for CPSC                         • A title for the collection of
                                                      requirements is one alternative. This                                     acceptance of accreditation to test for                 information;
                                                      alternative would reduce the impact on                                    conformance to other mandatory                            • a summary of the collection of
                                                      all of the known small businesses                                         juvenile product standards, we expect                   information;
                                                      supplying children’s folding chairs and                                   that only a few test laboratories will                    • a brief description of the need for
                                                      stools to the U.S. market by not                                          seek CPSC acceptance of their                           the information and the proposed use of
                                                      including the additional requirements                                     accreditation to test for conformance                   the information;
                                                      and tests for sideways stability and                                      with the children’s folding chair and                     • a description of the likely
                                                      additional labeling requirements.                                         stool standard. Most of these test                      respondents and proposed frequency of
                                                      Another alternative would be to set a                                     laboratories will have already been                     response to the collection of
                                                      later effective date than the 6 month                                     accredited to test for conformance to                   information;
                                                      effective date proposed in the NPR. The                                   other mandatory juvenile product                          • an estimate of the burden that shall
                                                      NPR requests comments on the                                              standards, and the only costs to them                   result from the collection of
                                                      economic impacts of the proposed rule,                                    would be the cost of adding the                         information; and
                                                      as well as comments on the 6 month                                        children’s folding chair and stool                        • notice that comments may be
                                                      effective date.                                                           standard to their scope of accreditation.               submitted to the OMB.
                                                                                                                                As a consequence, the Commission
                                                      F. Impact of Proposed 16 CFR Part 1112                                                                                              Title: Safety Standard for Children’s
                                                                                                                                certifies that the NOR amending 16 CFR
                                                      Amendment on Small Businesses                                                                                                     Folding Chairs and Stools.
                                                                                                                                part 1112 to include the children’s
                                                        As required by the RFA, staff                                           folding chair and stool standard will not                 Description: The proposed rule would
                                                      conducted a Final Regulatory Flexibility                                  have a significant impact on a                          require each folding chair and folding
                                                      Analysis (‘‘FRFA’’) when the                                              substantial number of small entities.                   stool to comply with ASTM F2613–14,
                                                      Commission issued the part 1112 rule                                                                                              with the changes proposed in this
                                                      (78 FR 15836, 15855–58). Briefly, the                                     XI. Environmental Considerations                        Notice, which contains requirements for
                                                      FRFA concluded that the accreditation                                       The Commission’s regulations address                  marking and labeling. These
                                                      requirements would not have a                                             whether we are required to prepare an                   requirements fall within the definition
                                                      significant adverse impact on a                                           environmental assessment or an                          of ‘‘collection of information,’’ as
                                                      substantial number of small testing                                       environmental impact statement. Under                   defined in 44 U.S.C. 3502(3).
                                                      laboratories because no requirements                                      these regulations, a rule that has ‘‘little               Description of Respondents: Persons
                                                      were imposed on test laboratories that                                    or no potential for affecting the human                 who manufacture or import children’s
                                                      did not intend to provide third party                                     environment’’ is categorically exempt                   folding chairs and folding stools.
                                                      testing services. The only test                                           from this requirement. 16 CFR                             Estimated Burden: We estimate the
                                                      laboratories that were expected to                                        1021.5(c)(1). The proposed rule falls                   burden of this collection of information
                                                      provide such services were those that                                     within the categorical exemption.                       as follows:

                                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN
                                                                                                                                                    Number of       Frequency of       Total annual       Hours per   Total burden
                                                                                      16 CFR Section                                               respondents       responses          responses         response       hours

                                                      1232.2 ..................................................................................        14                  1.4              20               1            20



                                                        Our estimate is based on the                                            hours associated with labels is 1 hour ×                requirements is $602 ($30.09 per hour ×
                                                      following:                                                                14 firms × 1.4 models per firm = 20                     20 hours = $601.80).
                                                        There are 14 known firms supplying                                      annual hours.                                             In compliance with the PRA (44
                                                      children’s folding chairs or folding                                        We estimate that hourly                               U.S.C. 3507(d)), we have submitted the
                                                      stools to the U.S. market. All firms are                                  compensation for the time required to                   information collection requirements of
                                                      assumed to use labels on both their
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                create and update labels is $30.09 (U.S.                this rule to the OMB for review.
                                                      products and their packaging already,                                     Bureau of Labor Statistics, ‘‘Employer                  Interested persons are requested to
                                                      but they might need to make some
                                                                                                                                Costs for Employee Compensation,’’                      submit comments regarding information
                                                      modifications to their existing labels.
                                                                                                                                December 2014, Table 9, total                           collection to the Office of Information
                                                      The estimated time required to make
                                                      these modifications is about 1 hour per                                   compensation for all sales and office                   and Regulatory Affairs, OMB (see the
                                                                                                                                workers in goods-producing private                      ADDRESSES section at the beginning of
                                                      model. Each of these firms supplies an
                                                      average of 1.4 different models of                                        industries: http://www.bls.gov/ncs/).                   this notice).
                                                      children’s folding chairs or folding                                      Therefore, the estimated annual cost                      Pursuant to 44 U.S.C. 3506(c)(2)(A),
                                                      stools; therefore, the estimated burden                                   associated with the proposed                            we invite comments on:


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                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                           63165

                                                        • Whether the collection of                           amendment to part 1130, to include                    PART 1232—SAFETY STANDARD FOR
                                                      information is necessary for the proper                 folding stools in the proposed rule.                  CHILDREN’S FOLDING CHAIRS AND
                                                      performance of the CPSC’s functions,                      Comments should be submitted in                     STOOLS
                                                      including whether the information will                  accordance with the instructions in the
                                                      have practical utility;                                                                                       Sec.
                                                                                                              ADDRESSES section at the beginning of                 1232.1 Scope.
                                                        • the accuracy of the CPSC’s estimate                 this notice.                                          1232.2 Requirements for children’s folding
                                                      of the burden of the proposed collection                                                                           chairs and stools.
                                                      of information, including the validity of               List of Subjects
                                                      the methodology and assumptions used;                                                                           Authority: Sec. 104, Public Law 110–314,
                                                                                                              16 CFR Part 1112
                                                        • ways to enhance the quality, utility,                                                                     122 Stat. 3016.
                                                      and clarity of the information to be                      Administrative practice and                         § 1232.1   Scope.
                                                      collected;                                              procedure, Audit, Consumer protection,                  This part establishes a consumer
                                                        • ways to reduce the burden of the                    Reporting and recordkeeping                           product safety standard for children’s
                                                      collection of information on                            requirements, Third party conformity                  folding chairs and stools.
                                                      respondents, including the use of                       assessment body.
                                                      automated collection techniques, when                                                                         § 1232.2 Requirements for children’s
                                                      appropriate, and other forms of                         16 CFR Part 1130                                      folding chairs and stools.
                                                      information technology; and                               Administrative practice and                            (a) Except as provided in paragraph
                                                        • the estimated burden hours                          procedure, Business and industry,                     (b) of this section, each children’s
                                                      associated with label modification,                     Consumer protection, Reporting and                    folding chair and stool shall comply
                                                      including any alternative estimates.                    recordkeeping requirements.                           with all applicable provisions of ASTM
                                                      XIII. Preemption                                                                                              F2613–14, Standard Consumer Safety
                                                                                                              16 CFR Part 1232
                                                                                                                                                                    Specification for Children’s Chairs and
                                                         Section 26(a) of the CPSA, 15 U.S.C.                                                                       Stools, approved October 1, 2014. The
                                                                                                                Consumer protection, Imports,
                                                      2075(a), provides that where a consumer                                                                       Director of the Federal Register
                                                                                                              Incorporation by reference, Infants and
                                                      product safety standard is in effect and                                                                      approves this incorporation by reference
                                                                                                              children, Labeling, Law enforcement,
                                                      applies to a product, no state or political                                                                   in accordance with 5 U.S.C. 552(a) and
                                                                                                              and Toys.
                                                      subdivision of a state may either                                                                             1 CFR part 51. You may obtain a copy
                                                      establish or continue in effect a                         For the reasons discussed in the
                                                                                                                                                                    from ASTM International, 100 Bar
                                                      requirement dealing with the same risk                  preamble, the Commission proposes to
                                                                                                                                                                    Harbor Drive, P.O. Box 0700, West
                                                      of injury unless the state requirement is               amend 16 CFR chapter II, as follows:
                                                                                                                                                                    Conshohocken, PA 19428; http://
                                                      identical to the federal standard. Section                                                                    www.astm.org. You may inspect a copy
                                                      26(c) of the CPSA also provides that                    PART 1112—REQUIREMENTS
                                                                                                              PERTAINING TO THIRD PARTY                             at the Office of the Secretary, U.S.
                                                      states or political subdivisions of states                                                                    Consumer Product Safety Commission,
                                                      may apply to the Commission for an                      CONFORMITY ASSESSMENT BODIES
                                                                                                                                                                    Room 820, 4330 East West Highway,
                                                      exemption from this preemption under                                                                          Bethesda, MD 20814, telephone 301–
                                                      certain circumstances. Section 104(b) of                ■ 1. The authority citation for part 1112
                                                                                                              continues to read as follows:                         504–7923, or at the National Archives
                                                      the CPSIA refers to the rules to be                                                                           and Records Administration (NARA).
                                                      issued under that section as ‘‘consumer                   Authority: Pub. L. 110–314, section 3, 122
                                                                                                              Stat. 3016, 3017 (2008); 15 U.S.C. 2063.
                                                                                                                                                                    For information on the availability of
                                                      product safety rules.’’ Therefore, the                                                                        this material at NARA, call 202–741–
                                                      preemption provision of section 26(a) of                ■ 2. Amend § 1112.15 by adding                        6030, or go to: http://www.archives.gov/
                                                      the CPSA would apply to a rule issued                   paragraph (b)(43) to read as follows:                 federal_register/code_of_
                                                      under section 104.                                                                                            federalregulations/ibr_locations.html.
                                                                                                              § 1112.15 When can a third party                         (b) Comply with ASTM F2613–14
                                                      XIV. Request for Comments                               conformity assessment body apply for
                                                                                                                                                                    with the following additions or
                                                         This NPR begins a rulemaking                         CPSC acceptance for a particular CPSC rule
                                                                                                              and/or test method?                                   exclusions:
                                                      proceeding under section 104(b) of the                                                                           (1) Instead of complying with section
                                                      CPSIA to issue a consumer product                       *     *    *    *      *                              5.13 of ASTM F2613–14, comply with
                                                      safety standard for children’s folding                    (b) * * *                                           the following:
                                                      chairs and stools, and to amend part                      (43) 16 CFR part 1232, Safety                          (i) 5.13 Stability—All chairs shall
                                                      1112 to add children’s folding chairs                   Standard for Children’s Folding Chairs                not tip over backward or sideways when
                                                      and stools to the list of children’s                    and Stools.                                           tested in accordance with 6.8. Tip over
                                                      product safety rules for which the CPSC                                                                       shall consist of the product moving past
                                                      has issued an NOR. We invite all                        *     *    *    *      *
                                                                                                              ■ 3. Amend § 1130.2 by revising
                                                                                                                                                                    equilibrium and begin to overturn.
                                                      interested persons to submit comments                                                                            (ii) [Reserved]
                                                      on any aspect of the proposed                           paragraph (a)(13) to read as follows:                    (2) Instead of complying with section
                                                      mandatory safety standard for children’s                                                                      6.8 of ASTM F2613–14, comply with
                                                                                                              PART 1130—REQUIREMENTS FOR
                                                      folding chairs and stools and on the                                                                          the following:
                                                                                                              CONSUMER REGISTRATION OF
                                                      proposed amendment to part 1112.                                                                                 (i) 6.8 Stability Test Method—(A)
                                                                                                              DURABLE INFANT OR TODDLER
                                                      Specifically, the Commission requests                                                                         6.8.1 Test equipment and
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              PRODUCTS
                                                      comments on the costs of compliance                                                                           preparation—(1) 6.8.1.1 Test surface—
                                                      with, and testing to, the proposed                      § 1130.2    Definitions.                              any rigid material covered with a high
                                                      mandatory children’s folding chairs and                 *     *    *     *     *                              pressure laminate of unspecified color
                                                      stools standard, the proposed 6-month                                                                         with a smooth matte finish and inclined
                                                                                                                (a) * * *
                                                      effective date for the new mandatory                                                                          at an angle of 10° (± 0.5°) to the
                                                      children’s folding chairs and stools                      (13) Children’s folding chairs and                  horizontal plane.
                                                      standard, and the amendment to part                     stools;                                                  (2) 6.8.1.2 50 lb. test cylinder—
                                                      1112. In addition, the Commission                       *     *    *     *     *                              cylinder weighing 50.0 ± 0.5 lbs. (22.7
                                                      requests comments on the proposed                       ■ 4. Add part 1232 to read as follows:                ± 0.2 kg) that is 12.0 ± 0.1 in. (305 ± 2


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                                                      63166                  Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules

                                                      mm) high with a diameter of 6.0 ± 0.1                      Note X—Use of stops to prevent                     downslope as permitted by the seating
                                                      in. (152 ± 2 mm) and a center of gravity                sliding: If necessary to prevent the                  surface without allowing any part of the
                                                      of 6.0 ± 0.1 in. (152 ± 2 mm) from either               product from sliding down the incline,                cylinder to extend beyond the rearmost
                                                      face (see Fig. 5). This cylinder shall be               either by its own weight when initially               or downslope edge of the stool.
                                                      applied to a product seating surface                    placed on the incline or during the                      (C) 6.8.3 Sideways stability
                                                      whose height is 10 in. (254 mm) or less                 conduct of the test in the following
                                                                                                              sections, stops can be placed against the                (1) 6.8.3.1 Product orientation: Place
                                                      from the floor.                                                                                               the product on the test surface in the
                                                                                                              product’s legs. Stops shall be the
                                                         (3) 6.8.1.3 100 lb. test cylinder—                   minimum height required to prevent                    most unfavorable position with a side of
                                                      cylinder weighing 100.0 ± 0.5 lbs. (45.4                sliding and shall not inhibit                         the product facing the upward slope.
                                                      ± 0.2 kg) that is 12.0 ± 0.1 in. (305 ± 2               overturning.                                             (2) 6.8.3.2 Application of the load:
                                                      mm) high with a diameter of 6.0 ± 0.1                      (B) 6.8.2 Rearward stability                       Place the applicable test cylinder so that
                                                      in. (152 ± 2 mm) and a center of gravity                   (1) 6.8.2.1 Product orientation: Place             it is centered front to back on the
                                                      of 6.0 ± 0.1 in. (152 ± 2 mm) from either               the product on the test surface with the              product seating surface, oriented
                                                      face (see Fig. 5). This cylinder shall be               front of the product facing the upward                perpendicular to the plane of this
                                                      applied to a product seating surface                    slope.                                                surface, and allow the cylinder to come
                                                      whose height is greater than 10 in. (254                   (2) 6.8.2.2 Application of the load:               to rest.
                                                      mm) above the floor.                                    Place the applicable test cylinder so that
                                                                                                                                                                       (3) 6.8.3.3 Cylinder Positioning for
                                                                                                              it is centered side to side on the product
                                                         (4) 6.8.1.4 Measurement of the                                                                             Chairs: Place the cylinder as far back or
                                                                                                              seating surface, oriented perpendicular
                                                      product seating surface height—This                                                                           downslope on the seating surface as
                                                                                                              to the plane of this surface, and allow
                                                      height shall be measured from the floor                                                                       permitted by the chair frame or arms
                                                                                                              the cylinder to come to rest.
                                                      to the midpoint on the upper surface of                    (3) 6.8.2.3 Cylinder Positioning for               (see Fig. Y).
                                                      the front edge of the seating surface,                  Chairs: Place the cylinder as far back or                (4) 6.8.3.4 Cylinder Positioning for
                                                      when a 2 lb. (0.9 kg) load is applied                   downslope on the seating surface as                   Stools: Place the cylinder as far back or
                                                      vertically downward using a 1⁄2″ (13                    permitted by the seat back or chair                   downslope as permitted by the seating
                                                      mm) diameter disk onto the midpoint                     frame (see Fig. 4).                                   surface without allowing for any part of
                                                      on the upper surface of the front edge                     (4) 6.8.2.4 Cylinder Positioning for               the cylinder to extend beyond the
                                                      of the seat (see Fig X).                                Stools: Place the cylinder as far back or             rearmost or downslope edge of the stool.




                                                        (3) Instead of complying with section                 so they are in a prominent location,                  shall be placed in a visible location such
                                                      7.2 of ASTM F2613–14, including all                     visible to the caregiver when the                     as on the legs in such a way that the
                                                      subsections of section 7.2, comply with                 product is in the manufacturer’s use                  label does not wrap around the legs.
                                                      the following:                                          position.                                               (D) 7.2.4 Any labels or written
                                                        (i) 7.2 Warning Statements: Each                        (C) 7.2.3 The specified warnings                    instructions provided in addition to
                                                      folding chair and each folding stool                    shall be separate and distinct from any
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                                    those required by this section shall not
                                                      shall have warning statements.                          other graphic or written material on the
                                                                                                                                                                    contradict or confuse the meaning of the
                                                        (A) 7.2.1 The warnings shall be easy                  product and surrounded by a black
                                                      to read and understand and be in the                    border. Note: Separate and distinct, for              required information or be otherwise
                                                      English language at a minimum.                          example, on the back of the chair’s back              misleading to the consumer.
                                                                                                                                                                                                                 EP19OC15.008</GPH> EP19OC15.009</GPH>




                                                        (B) 7.2.2 The warning statements                      rest away from warnings on the                          (E) 7.2.5 The safety alert symbol
                                                      shall be conspicuous in highly                          underside of the chair so that it is
                                                      contrasting color(s) (e.g., black text on               clearly visible to a consumer
                                                      white background), in non-condensed                     approaching the chair from the back.
                                                      sans serif type, permanent and applied                  For stools, where possible, the label


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                                                                             Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules                                         63167

                                                      and, the signal word ‘‘WARNING’’, and                     (J) 7.2.10 The precautionary                        • Keep fingers away from moving parts.
                                                      the words ‘‘AMPUTATION HAZARD’’                         statements shall be indented from the                 • Completely unfold chair and fully
                                                      shall precede the warning statements.                   hazard statements, preceded with bullet                 engage locks before allowing child to
                                                        (F) 7.2.6 The safety alert symbol                     points, and appear as shown in Figs. 6                  sit in chair.
                                                                                                              and 7.                                                • Never allow child to fold or unfold
                                                                                                                (K) 7.2.11 The warning label shall                    chair.
                                                      and the signal word ‘‘WARNING’’ shall                   contain sufficient white space as shown
                                                                                                                                                                      (2) [Reserved]
                                                      not be less than 0.2-in. (5-mm) high and                as shown in Figs. 6 and 7.
                                                                                                                (L) 7.2.12 Overall height and width                   (N) 7.2.14 For folding chairs and
                                                      the remainder of the text shall be in                                                                         folding stools without latch(es),
                                                      characters whose upper case is at least                 of the label may be modified as
                                                                                                              necessary to fit on the product, but still            warnings shall address the following:
                                                      0.1-in. (2.5-mm) high except as                                                                                 (1) 7.2.14.1 Amputation hazard:
                                                      specified.                                              meet requirements for conspicuousness.
                                                        (G) 7.2.7 The signal word WARNING                     An example of the warning label format                Hazard and Consequence Statement
                                                      shall be in black letters on an orange                  described in this section is shown in
                                                                                                              Figs. 6 and 7.                                        AMPUTATION HAZARD
                                                      panel surrounded by a black border.
                                                        Note 1—When special circumstances                       (M) 7.2.13 For folding chairs and                   Moving parts can amputate child’s
                                                      preclude the use of the color orange,                   folding stools with latch(es), warnings               fingers.
                                                      yellow or red may be used, whichever                    shall address the following:                          Precautionary Statements:
                                                      contrasts best against the product                        (1) 7.2.13.1 Amputation hazard:
                                                                                                                                                                    • Keep fingers away from moving parts.
                                                      background.                                             Hazard and Consequence Statement:                     • Completely unfold chair before
                                                        (H) 7.2.8 The solid triangle portion                  AMPUTATION HAZARD                                       allowing child to sit in chair.
                                                      of the safety alert symbol shall be the
                                                      same color as the signal word lettering,                Chair can fold or collapse if lock not                • Never allow child to fold or unfold
                                                      and the exclamation mark shall be the                   fully engaged. Moving parts can                         chair.
                                                      same color as the signal word panel.                    amputate child’s fingers if chair folds or              (2) [Reserved]
                                                        (I) 7.2.9 The words ‘‘AMPUTATION                      collapses.                                              (4) In addition to the figures in ASTM
                                                      HAZARD’’ shall be in bold black letters.                Precautionary Statements:                             F2613–14, use the following figure 6:




                                                        (5) In addition to the figures in ASTM
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      F2613–14, use the following figure 7:
                                                                                                                                                                                                               EP19OC15.010</GPH> EP19OC15.011</GPH>




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                                                      63168                  Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules




                                                        Dated: October 13, 2015.                              bouncer seats (‘‘bouncer seats’’) in                  Consumer Product Safety Commission,
                                                      Todd A. Stevenson,                                      response to the direction of section                  Room 820, 4330 East West Highway,
                                                      Secretary, Consumer Product Safety                      104(b) of the CPSIA. In addition, the                 Bethesda, MD 20814; telephone (301)
                                                      Commission.                                             Commission is proposing an                            504–7923.
                                                      [FR Doc. 2015–26385 Filed 10–16–15; 8:45 am]            amendment to 16 CFR part 1112 to                        Instructions: All submissions received
                                                      BILLING CODE 6355–01–P                                  include 16 CFR part 1229 in the list of               must include the agency name and
                                                                                                              notice of requirements (‘‘NORs’’) issued              docket number for this proposed
                                                                                                              by the Commission.                                    rulemaking. All comments received may
                                                      CONSUMER PRODUCT SAFETY                                 DATES: Submit comments by January 4,                  be posted without change, including
                                                      COMMISSION                                              2016.                                                 any personal identifiers, contact
                                                                                                              ADDRESSES: Comments related to the                    information, or other personal
                                                      16 CFR Parts 1112 and 1229                              Paperwork Reduction Act aspects of the                information provided, to: http://
                                                                                                              marking, labeling, and instructional                  www.regulations.gov. Do not submit
                                                      [Docket No. CPSC–2015–0028]                                                                                   confidential business information, trade
                                                                                                              literature requirements of the proposed
                                                                                                              mandatory standard for bouncer seats                  secret information, or other sensitive or
                                                      Safety Standard for Infant Bouncer
                                                                                                              should be directed to the Office of                   protected information that you do not
                                                      Seats
                                                                                                              Information and Regulatory Affairs, the               want to be available to the public. If
                                                      AGENCY: Consumer Product Safety                         Office of Management and Budget, Attn:                furnished at all, such information
                                                      Commission.                                             CPSC Desk Officer, FAX: 202–395–6974,                 should be submitted in writing.
                                                      ACTION: Notice of proposed rulemaking.                  or emailed to oira_submission@                          Docket: For access to the docket to
                                                                                                              omb.eop.gov.                                          read background documents or
                                                      SUMMARY:   The Danny Keysar Child                          Other comments, identified by Docket               comments received, go to: http://
                                                      Product Safety Notification Act, section                No. CPSC–2015–0028, may be                            www.regulations.gov, and insert the
                                                      104 of the Consumer Product Safety                      submitted electronically or in writing:               docket number, CPSC–2015–0028, into
                                                      Improvement Act of 2008 (‘‘CPSIA’’),                       Electronic Submissions: Submit                     the ‘‘Search’’ box, and follow the
                                                      requires the United States Consumer                     electronic comments to the Federal                    prompts.
                                                      Product Safety Commission                               eRulemaking Portal at: http://                        FOR FURTHER INFORMATION CONTACT:
                                                      (‘‘Commission’’ or ‘‘CPSC’’) to                         www.regulations.gov. Follow the                       Suad Wanna-Nakamura, Ph.D., Project
                                                      promulgate consumer product safety                      instructions for submitting comments.                 Manager, Directorate for Health
                                                      standards for durable infant or toddler                 The Commission does not accept                        Sciences, U.S. Consumer Product Safety
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      products. These standards are to be                     comments submitted by electronic mail                 Commission, 5 Research Place,
                                                      ‘‘substantially the same as’’ applicable                (email), except through                               Rockville, MD 20850; telephone: 301–
                                                      voluntary standards or more stringent                   www.regulations.gov. The Commission                   987–2550; email: snakamura@cpsc.gov.
                                                      than the voluntary standard, if the                     encourages you to submit electronic                   SUPPLEMENTARY INFORMATION:
                                                      Commission determines that more                         comments by using the Federal
                                                      stringent requirements would further                    eRulemaking Portal, as described above.               I. Background and Statutory Authority
                                                      reduce the risk of injury associated with                  Written Submissions: Submit written                   The CPSIA was enacted on August 14,
                                                      the product. The Commission is                          submissions by mail/hand delivery/                    2008. Section 104(b) of the CPSIA, part
                                                                                                                                                                                                                EP19OC15.012</GPH>




                                                      proposing a safety standard for infant                  courier to: Office of the Secretary,                  of the Danny Keysar Child Product


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Document Created: 2015-12-15 08:35:47
Document Modified: 2015-12-15 08:35:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesSubmit comments by January 4, 2016.
ContactPatricia Edwards, Project Manager, Directorate for Engineering Sciences, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; email: [email protected]; telephone: (301) 987-2224.
FR Citation80 FR 63155 
CFR Citation16 CFR 1112
16 CFR 1130
16 CFR 1232
CFR AssociatedAdministrative Practice and Procedure; Audit; Consumer Protection; Reporting and Recordkeeping Requirements; Third Party Conformity Assessment Body; Business and Industry; Imports; Incorporation by Reference; Infants and Children; Labeling; Law Enforcement and Toys

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