81 FR 17062 - Safety Standard for Portable Hook-On Chairs

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 81, Issue 59 (March 28, 2016)

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 concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing a safety standard for portable hook-on chairs (``hook-on chairs'') in response to the direction of section 104(b) of the CPSIA. In addition, the Commission is amending its regulations regarding third party conformity assessment bodies to include the mandatory standard for hook-on chairs in the list of Notices of Requirements (``NOR'') issued by the Commission.

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17062-17065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06769]



[[Page 17062]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112 and 1233

[Docket No. CPSC-2015-0016]


Safety Standard for Portable Hook-On Chairs

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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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 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 concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is issuing a safety standard for portable hook-on chairs (``hook-on 
chairs'') in response to the direction of section 104(b) of the CPSIA. 
In addition, the Commission is amending its regulations regarding third 
party conformity assessment bodies to include the mandatory standard 
for hook-on chairs in the list of Notices of Requirements (``NOR'') 
issued by the Commission.

DATES: This rule will become effective September 28, 2016. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of September 28, 
2016.

FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: 301-504-6820; email: [email protected].

SUPPLEMENTARY INFORMATION:

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 concludes 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.'' Section 104(f)(2)(C) of the CPSIA specifically 
identifies ``hook-on chairs'' as a durable infant or toddler product.
    On July 2, 2015, the Commission issued a notice of proposed 
rulemaking (``NPR'') for hook-on chairs. 80 FR 38041. The NPR proposed 
to incorporate by reference the voluntary standard, ASTM F1235-15, 
Standard Consumer Safety Specification for Portable Hook-On Chairs, 
without modification. In this document, the Commission is issuing a 
mandatory safety standard for hook-on chairs. As required by section 
104(b)(1)(A), the Commission consulted with manufacturers, retailers, 
trade organizations, laboratories, consumer advocacy groups, 
consultants, and the public to develop this proposed standard, largely 
through the ASTM process. The rule incorporates by reference the most 
recent voluntary standard, developed by ASTM International, ASTM F1235-
15.
    In addition, the final rule amends the list of NORs issued by the 
Commission in 16 CFR part 1112 to include the standard for hook-on 
chairs. Under section 14 of the Consumer Product Safety Act (``CPSA''), 
the Commission promulgated 16 CFR part 1112 to establish requirements 
for accreditation of third party conformity assessment bodies (or 
testing laboratories) to test for conformity with a children's product 
safety rule. Amending part 1112 adds a NOR for the hook-on chair 
standard to the list of children's product safety rules.

II. Product Description

    The scope section of ASTM F1235-15 defines a ``portable hook-on 
chair'' as ``[u]sually a legless seat constructed to locate the 
occupant at a table in such a position and elevation so that the 
surface of the table can be used as the feeding surface for the 
occupant . . . [s]upported solely by the table on which it is 
mounted.'' The ASTM standard specifies the appropriate ages and weights 
for children using portable hook-on chairs as ``between the ages of six 
months and three years and who weigh no more than 37 lb (16.8 kg) (95th 
percentile male at three years).'' Typical hook-on chairs consist of 
fabric over a lightweight frame, with a device to mount the seat to a 
support surface, such as a table or counter. Some hook-on chairs fold 
for easy storage or transport, and some include a removable tray that 
can be used in conjunction with a table.

III. Market Description

    CPSC staff has identified 10 firms supplying hook-on chairs to the 
U.S. market, typically priced at $40 to $80 each. These 10 firms 
specialize in the manufacture and/or distribution of durable nursery 
products and represent only a small segment of the juvenile products 
industry. Nine of the 10 known firms are domestic (including 3 
manufacturers and 6 importers). The remaining firm is a foreign 
manufacturer. Hook-on chairs represent only a small proportion of each 
firm's overall product line; on average, each firm supplies one hook-on 
chair model to the U.S. market annually.
    Staff expects that the hook-on chairs of nine of the 10 firms are 
compliant with ASTM F1235 because they are either: (1) Certified by the 
Juvenile Products Manufacturers Association (``JPMA'') (three firms); 
or (2) the supplier claims compliance with the voluntary standard (six 
firms). It is unknown whether the hook-on chairs supplied by the 
remaining firm, a foreign manufacturer, comply with the ASTM voluntary 
standard.

IV. Incident Data

    The preamble to the NPR summarized the hook-on chair incident 
data--covering the period between January 1, 2000 and October 31, 
2014--reported to the Commission. 80 FR 38041. In the NPR, CPSC's 
Directorate for Epidemiology, Division of Hazard Analysis, identified 
89 portable hook-on chair-related incidents reported to the CPSC that 
occurred during the covered time period, including 50 incidents 
involving injury, 38 non-injury incidents, and one fatality. Since the 
publication of the NPR, CPSC staff has received 11 new reports (seven 
nonfatal injuries and four incidents without injury) that were 
determined to involve portable hook-on chairs. The seven new injuries 
all involved children between the ages of 6 and 12 months. Among the 11 
new incidents, no ages were reported outside the ASTM-recommended user 
range of 6 months to 3 years. The hazards identified in the new 
incidents are consistent with the hazard patterns

[[Page 17063]]

identified among the incidents present in the NPR briefing package.

V. Overview of ASTM F1235

    The voluntary standard for hook-on chairs was first approved and 
published in 1989, as ASTM F1235-89, Standard Consumer Safety 
Specification for Portable Hook-On Chairs. ASTM has revised the 
voluntary standard seven times since initial publication of the 
standard. The current version, ASTM F1235-15, was approved on May 1, 
2015. In the NPR, the Commission proposed to incorporate ASTM F1235-15, 
which addresses the hazard patterns identified for hook-on chairs, 
without modification.

VI. Response to Comments

    The Commission received two comments in response to the NPR. A 
summary of each comment and a response is provided below.

A. General Support of Standard Adoption

    Comment: A comment from representatives of Kids In Danger, Consumer 
Federation of America, and Consumers Union urged the Commission to 
adopt the proposed rule and agreed with staff's recommendations.
    Response: The Commission is issuing a final rule that is identical 
to the NPR.

B. Hook-On Chair Injuries

    Comment: The second commenter discussed infant fall data, head 
injuries, severed body parts, and installation considerations for hook-
on chairs. In addition, the commenter questioned why ``so many 
injuries, and even on[e] fatality'' occurred before anyone took action 
to implement stringent standards. Additionally, the commenter opined 
that hook-on chairs never should have been released to the market, or 
that they should have been removed immediately after compromised 
attachment incidents surfaced. Lastly, the commenter opined that even 
if injuries and fatalities decrease after implementing this new rule, 
the chances are high that more infants will be killed.
    Response: Section 104 of the CPSIA requires the Commission to 
promulgate consumer product safety standards for durable infant or 
toddler products, including hook-on chairs (specifically identified by 
section 104(f)(2)(C) of the CPSIA). Furthermore, section 104 of the 
CPSIA lays out a broad timeline for promulgation of such durable infant 
and toddler product safety standards. These standards must be 
``substantially the same as'' or more stringent than the relevant 
voluntary standard. Accordingly, through section 104 of the CPSIA, 
Congress has directed the Commission to promulgate safety standards 
relating to hook-on chairs rather than ban their use.
    The current ASTM standard, ASTM F1235-15, incorporates numerous 
changes implemented after hazard patterns emerged under the previous 
version of the standard, ASTM F1235-08. For example, the one fatal 
incident involved an older hook-on chair that did not have a passive 
crotch restraint. Passive crotch restraints are used to prevent 
``submarining'' deaths and are specified in other similar juvenile 
standards, such as the juvenile standard for high chairs. Had the hook-
on chair involved in the fatal incident contained a passive crotch 
restraint, the death would not have occurred. In 2014, ASTM added a 
performance requirement for passive-crotch restraints to ASTM F1235. 
During the ensuing 7 years between adoption of ASTM F1235-08 and ASTM 
F1235-15, the hazard patterns identified in the NPR were all addressed, 
and corresponding requirements were incorporated into the 2015 version 
of the standard. The Commission is confident that these changes in the 
standard (including changes addressing scissoring/shearing, openings, 
and labeling/markings) will reduce injuries associated with hook-on 
chairs.

VII. Final Rule

A. Final Rule for Part 1233 and Incorporation by Reference

    Section 1233.2(a) of the final rule provides that hook-on chairs 
must comply with ASTM F1235-15.
    The Office of the Federal Register (``OFR'') has regulations 
concerning incorporation by reference. 1 CFR part 51. These regulations 
require that, for a final rule, agencies must discuss in the preamble 
of the rule the way that the materials the agency incorporates by 
reference are reasonably available to interested persons and how 
interested parties can obtain the materials. In addition, the preamble 
of the rule must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, the discussion in this 
section summarizes the provisions of ASTM F1235-15. Interested persons 
may purchase a copy of ASTM F1235-15 from ASTM, either through ASTM's 
Web site or by mail at the address provided in the rule. A copy of the 
standard may also be inspected at the CPSC's Office of the Secretary, 
U.S. Consumer Product Safety Commission, or at NARA, as discussed 
above. We note that the Commission and ASTM arranged for commenters to 
have ``read only'' access to ASTM F1235-15 during the NPR's comment 
period.
    ASTM F1235-15 contains requirements covering:
     Sharp points;
     Small parts;
     Lead in paint;
     Wood parts;
     Latching and locking mechanisms;
     Scissoring, shearing, and pinching (including during 
detachment from table support surface);
     Exposed coil springs;
     Openings;
     Labeling; and
     Protective components.
    The standard additionally contains test methods that must be used 
to assess conformity with these requirements.

B. Amendment to 16 CFR Part 1112 To Include NOR for Hook-On Chairs 
Standard

    The final rule amends part 1112 to add a new Sec.  1112.15(b)(40) 
that lists 16 CFR part 1233, Safety Consumer Safety Specification for 
Portable Hook-On Chairs, as a children's products safety rule for which 
the Commission has issued an NOR. Section XIII of the preamble provides 
additional background information regarding certification of hook-on 
chairs and issuance of an NOR.

VIII. 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 safety standard for hook-on chairs 
and the corresponding changes to part 1112 regarding requirements for 
third party conformity assessment bodies will become effective 6 months 
after publication of the final rule in the Federal Register.
    Without evidence to the contrary, CPSC generally considers 6 months 
to be sufficient time for suppliers to come into compliance with a new 
standard, and a 6-month effective date is typical for other CPSIA 
section 104 rules. Six months is also the period that JPMA typically 
allows for products in the JPMA certification program to transition to 
a new standard once that standard is published. The Commission proposed 
a 6-month effective date in the NPR and did not receive any comments 
regarding the effective date.

IX. Regulatory Flexibility Act

A. Introduction

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612, 
requires that agencies review a proposed rule and a

[[Page 17064]]

final rule for the rule's potential economic impact on small entities, 
including small businesses. Section 604 of the RFA generally requires 
that agencies prepare a final regulatory flexibility analysis 
(``FRFA'') when promulgating final rules, unless the head of the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities.

B. Impact on Small Businesses

    Approximately 10 firms currently market portable hook-on chairs in 
the United States, nine of which are domestic firms. Under U.S. Small 
Business Administration (``SBA'') guidelines, a manufacturer of hook-on 
chairs is small if it has 500 or fewer employees, and importers and 
wholesalers are considered small if they have 100 or fewer employees.
    In the NPR briefing package, the Commission certified that the 
proposed hook-on chair rule would not have a significant economic 
impact on a substantial number of small entities. That conclusion has 
not changed. All of the domestic hook-on chairs appear to conform to 
the current voluntary standard and are expected to continue to do so. 
Consequently, costs of compliance, if any, are expected to be 
negligible. Third party testing costs are expected to be small and 
economically insignificant (i.e., less than 1 percent of gross revenues 
for the affected firms). Furthermore, we received no comments 
questioning or challenging the certification that the rule would not 
have a significant economic impact on a substantial number of small 
entities.

X. Environmental Considerations

    The Commission's regulations address whether the agency is 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 final rule falls 
within the categorical exemption.

XI. Paperwork Reduction Act

    This 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 (44 U.S.C. 3501-
3521). The preamble to the proposed rule discussed the information 
collection burden of the proposed rule. Sections 8 and 9 of ASTM F1235-
15 contain requirements for marking, labeling, and instructional 
literature. These requirements fall within the definition of 
``collection of information,'' as defined in 44 U.S.C. 3502(3).
    OMB has assigned control number 3041-0170 to this information 
collection. The Commission did not receive any comments regarding the 
information collection burden of this proposal.

XII. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when 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.

XIII. Amendment to 16 CFR Part 1112 To Include Notice of Requirements 
(NOR) for Hook-On Chair Standard

    Section 14(a) of the CPSA imposes the requirement that 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). Section 14(a)(2) of the 
CPSA requires that certification of children's products subject to a 
children's product safety rule be based on testing conducted by a CPSC-
accepted, third party conformity assessment body. Section 14(a)(3) of 
the CPSA requires the Commission to publish a NOR for the accreditation 
of third party conformity assessment bodies (or laboratories) to assess 
conformity with a children's product safety rule to which a children's 
product is subject. The Standard Consumer Safety Specification for 
Hook-On Chairs, to be codified at 16 CFR part 1233, is a children's 
product safety rule that requires the issuance of an NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third-Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
which is codified at 16 CFR part 1112 (referred to here as part 1112). 
This rule became effective on June 10, 2013. Part 1112 establishes 
requirements for accreditation of third-party conformity assessment 
bodies (or laboratories) 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 a list of all of the NORs that the CPSC had 
published at the time part 1112 was issued. All NORs issued after the 
Commission published part 1112, such as the standard for hook-on 
chairs, require the Commission to amend part 1112. Accordingly, the 
Commission is now amending part 1112 to include the standard for hook-
on chairs in the list of other children's product safety rules for 
which the CPSC has issued NORs.
    Laboratories applying for acceptance as a CPSC-accepted third-party 
conformity assessment body to test to the new standard for hook-on 
chairs would be required to meet the third-party conformity assessment 
body accreditation requirements in 16 CFR part 1112, Requirements 
Pertaining to Third-Party Conformity Assessment Bodies. 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 1233, Standard Consumer Safety Specification for Hook-
on Chairs, included in its scope of accreditation of CPSC safety rules 
listed for the laboratory on the CPSC Web site at: www.cpsc.gov/labsearch.
    As required by the RFA, staff conducted a 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 test 
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. 
Moreover, a test laboratory would only choose to provide such services 
if it anticipated receiving revenues sufficient to cover the costs of 
the requirements.
    Based on similar reasoning, amending 16 CFR part 1112 to include 
the NOR for the hook-on chairs 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

[[Page 17065]]

seek CPSC acceptance of their accreditation to test for conformance 
with the hook-on chair standard. Most of these test laboratories will 
have already been accredited to test for conformity to other mandatory 
juvenile product standards, and the only costs to them would be the 
cost of adding the hook-on chairs standard to their scope of 
accreditation. For these reasons, the Commission certifies that the NOR 
amending 16 CFR part 1112 to include the hook-on chairs standard will 
not have a significant impact on a substantial number of small 
entities.

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 1233

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

    For the reasons discussed in the preamble, the Commission amends 
title 16 of the Code of Federal Regulations 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 and reserving paragraph (b)(39) and 
adding paragraph (b)(40) to read as follows:


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

* * * * *
    (b) * * *
    (40) 16 CFR part 1233, Safety Standard for Portable Hook-On Chairs.
* * * * *

0
3. Add part 1233 to read as follows:

PART 1233-SAFETY STANDARD FOR PORTABLE HOOK-ON CHAIRS

Sec.
1233.1 Scope.
1233.2 Requirements for portable hook-on chairs.

    Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14, 
2008); Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


Sec.  1233.1  Scope.

    This part establishes a consumer product safety standard for 
portable hook-on chairs.


Sec.  1233.2  Requirements for portable hook-on chairs.

    Each portable hook-on chair must comply with all applicable 
provisions of ASTM F1235-15, Standard Consumer Safety Specification for 
Portable Hook-On Chairs, approved on May 1, 2015. 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/cpsc.htm. 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.

    Dated: March 22, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-06769 Filed 3-25-16; 8:45 am]
 BILLING CODE 6355-01-P