81 FR 17062 - Safety Standard for Portable Hook-On Chairs
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 81, Issue 59 (March 28, 2016)
Federal Register Volume 81, Issue 59 (March 28, 2016)
| Page Range | 17062-17065 | |
| FR Document | 2016-06769 |
[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]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
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CONSUMER PRODUCT SAFETY standards for durable infant and toddler hook-on chairs as ‘‘between the ages of
COMMISSION products. Standards issued under six months and three years and who
section 104 are to be ‘‘substantially the weigh no more than 37 lb (16.8 kg) (95th
16 CFR Parts 1112 and 1233 same as’’ the applicable voluntary percentile male at three years).’’ Typical
[Docket No. CPSC–2015–0016] standards or more stringent than the hook-on chairs consist of fabric over a
voluntary standard if the Commission lightweight frame, with a device to
Safety Standard for Portable Hook-On concludes that more stringent mount the seat to a support surface,
Chairs requirements would further reduce the such as a table or counter. Some hook-
risk of injury associated with the on chairs fold for easy storage or
AGENCY: Consumer Product Safety product. transport, and some include a
Commission. The term ‘‘durable infant or toddler removable tray that can be used in
ACTION: Final rule. product’’ is defined in section 104(f)(1) conjunction with a table.
of the CPSIA as ‘‘a durable product
SUMMARY: The Danny Keysar Child intended for use, or that may be III. Market Description
Product Safety Notification Act, section reasonably expected to be used, by CPSC staff has identified 10 firms
104 of the Consumer Product Safety children under the age of 5 years.’’ supplying hook-on chairs to the U.S.
Improvement Act of 2008 (‘‘CPSIA’’), Section 104(f)(2)(C) of the CPSIA market, typically priced at $40 to $80
requires the United States Consumer specifically identifies ‘‘hook-on chairs’’ each. These 10 firms specialize in the
Product Safety Commission as a durable infant or toddler product. manufacture and/or distribution of
(‘‘Commission’’ or ‘‘CPSC’’) to On July 2, 2015, the Commission durable nursery products and represent
promulgate consumer product safety issued a notice of proposed rulemaking only a small segment of the juvenile
standards for durable infant or toddler (‘‘NPR’’) for hook-on chairs. 80 FR products industry. Nine of the 10
products. These standards are to be 38041. The NPR proposed to known firms are domestic (including 3
‘‘substantially the same as’’ applicable incorporate by reference the voluntary manufacturers and 6 importers). The
voluntary standards, or more stringent standard, ASTM F1235–15, Standard remaining firm is a foreign
than the voluntary standard if the Consumer Safety Specification for manufacturer. Hook-on chairs represent
Commission concludes that more Portable Hook-On Chairs, without only a small proportion of each firm’s
stringent requirements would further modification. In this document, the overall product line; on average, each
reduce the risk of injury associated with Commission is issuing a mandatory firm supplies one hook-on chair model
the product. The Commission is issuing safety standard for hook-on chairs. As to the U.S. market annually.
a safety standard for portable hook-on required by section 104(b)(1)(A), the Staff expects that the hook-on chairs
chairs (‘‘hook-on chairs’’) in response to Commission consulted with of nine of the 10 firms are compliant
the direction of section 104(b) of the manufacturers, retailers, trade with ASTM F1235 because they are
CPSIA. In addition, the Commission is organizations, laboratories, consumer either: (1) Certified by the Juvenile
amending its regulations regarding third advocacy groups, consultants, and the Products Manufacturers Association
party conformity assessment bodies to public to develop this proposed (‘‘JPMA’’) (three firms); or (2) the
include the mandatory standard for standard, largely through the ASTM supplier claims compliance with the
hook-on chairs in the list of Notices of process. The rule incorporates by voluntary standard (six firms). It is
Requirements (‘‘NOR’’) issued by the reference the most recent voluntary unknown whether the hook-on chairs
Commission. standard, developed by ASTM supplied by the remaining firm, a
International, ASTM F1235–15. foreign manufacturer, comply with the
DATES: This rule will become effective In addition, the final rule amends the ASTM voluntary standard.
September 28, 2016. The incorporation list of NORs issued by the Commission
by reference of the publication listed in IV. Incident Data
in 16 CFR part 1112 to include the
this rule is approved by the Director of standard for hook-on chairs. Under The preamble to the NPR summarized
the Federal Register as of September 28, section 14 of the Consumer Product the hook-on chair incident data—
2016. Safety Act (‘‘CPSA’’), the Commission covering the period between January 1,
FOR FURTHER INFORMATION CONTACT: promulgated 16 CFR part 1112 to 2000 and October 31, 2014—reported to
Keysha Walker, Compliance Officer, establish requirements for accreditation the Commission. 80 FR 38041. In the
U.S. Consumer Product Safety of third party conformity assessment NPR, CPSC’s Directorate for
Commission, 4330 East West Highway, bodies (or testing laboratories) to test for Epidemiology, Division of Hazard
Bethesda, MD 20814; telephone: 301– conformity with a children’s product Analysis, identified 89 portable hook-on
504–6820; email: kwalker@cpsc.gov. safety rule. Amending part 1112 adds a chair-related incidents reported to the
SUPPLEMENTARY INFORMATION: NOR for the hook-on chair standard to CPSC that occurred during the covered
the list of children’s product safety time period, including 50 incidents
I. Background and Statutory Authority involving injury, 38 non-injury
rules.
The CPSIA was enacted on August 14, incidents, and one fatality. Since the
2008. Section 104(b) of the CPSIA, part II. Product Description publication of the NPR, CPSC staff has
of the Danny Keysar Child Product The scope section of ASTM F1235–15 received 11 new reports (seven nonfatal
Safety Notification Act, requires the defines a ‘‘portable hook-on chair’’ as injuries and four incidents without
Commission to: (1) Examine and assess ‘‘[u]sually a legless seat constructed to injury) that were determined to involve
the effectiveness of voluntary consumer locate the occupant at a table in such a portable hook-on chairs. The seven new
product safety standards for durable position and elevation so that the injuries all involved children between
Lhorne on DSK5TPTVN1PROD with RULES
infant or toddler products, in surface of the table can be used as the the ages of 6 and 12 months. Among the
consultation with representatives of feeding surface for the occupant . . . 11 new incidents, no ages were reported
consumer groups, juvenile product [s]upported solely by the table on which outside the ASTM-recommended user
manufacturers, and independent child it is mounted.’’ The ASTM standard range of 6 months to 3 years. The
product engineers and experts; and (2) specifies the appropriate ages and hazards identified in the new incidents
promulgate consumer product safety weights for children using portable are consistent with the hazard patterns
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identified among the incidents present Accordingly, through section 104 of the arranged for commenters to have ‘‘read
in the NPR briefing package. CPSIA, Congress has directed the only’’ access to ASTM F1235–15 during
Commission to promulgate safety the NPR’s comment period.
V. Overview of ASTM F1235
standards relating to hook-on chairs ASTM F1235–15 contains
The voluntary standard for hook-on rather than ban their use. requirements covering:
chairs was first approved and published The current ASTM standard, ASTM • Sharp points;
in 1989, as ASTM F1235–89, Standard F1235–15, incorporates numerous • Small parts;
Consumer Safety Specification for changes implemented after hazard • Lead in paint;
Portable Hook-On Chairs. ASTM has patterns emerged under the previous • Wood parts;
revised the voluntary standard seven version of the standard, ASTM F1235– • Latching and locking mechanisms;
times since initial publication of the 08. For example, the one fatal incident • Scissoring, shearing, and pinching
standard. The current version, ASTM involved an older hook-on chair that did (including during detachment from
F1235–15, was approved on May 1, not have a passive crotch restraint. table support surface);
2015. In the NPR, the Commission Passive crotch restraints are used to • Exposed coil springs;
proposed to incorporate ASTM F1235– prevent ‘‘submarining’’ deaths and are • Openings;
15, which addresses the hazard patterns specified in other similar juvenile • Labeling; and
identified for hook-on chairs, without standards, such as the juvenile standard • Protective components.
modification. for high chairs. Had the hook-on chair The standard additionally contains
VI. Response to Comments involved in the fatal incident contained test methods that must be used to assess
a passive crotch restraint, the death conformity with these requirements.
The Commission received two would not have occurred. In 2014,
comments in response to the NPR. A B. Amendment to 16 CFR Part 1112 To
ASTM added a performance
summary of each comment and a Include NOR for Hook-On Chairs
requirement for passive-crotch restraints
response is provided below. Standard
to ASTM F1235. During the ensuing 7
A. General Support of Standard years between adoption of ASTM The final rule amends part 1112 to
Adoption F1235–08 and ASTM F1235–15, the add a new § 1112.15(b)(40) that lists 16
hazard patterns identified in the NPR CFR part 1233, Safety Consumer Safety
Comment: A comment from Specification for Portable Hook-On
were all addressed, and corresponding
representatives of Kids In Danger, Chairs, as a children’s products safety
requirements were incorporated into the
Consumer Federation of America, and rule for which the Commission has
2015 version of the standard. The
Consumers Union urged the issued an NOR. Section XIII of the
Commission is confident that these
Commission to adopt the proposed rule preamble provides additional
changes in the standard (including
and agreed with staff’s background information regarding
changes addressing scissoring/shearing,
recommendations. certification of hook-on chairs and
openings, and labeling/markings) will
Response: The Commission is issuing
reduce injuries associated with hook-on issuance of an NOR.
a final rule that is identical to the NPR.
chairs. VIII. Effective Date
B. Hook-On Chair Injuries
VII. Final Rule The Administrative Procedure Act
Comment: The second commenter
A. Final Rule for Part 1233 and (‘‘APA’’) generally requires that the
discussed infant fall data, head injuries,
Incorporation by Reference effective date of a rule be at least 30
severed body parts, and installation
days after publication of the final rule.
considerations for hook-on chairs. In Section 1233.2(a) of the final rule
5 U.S.C. 553(d). The safety standard for
addition, the commenter questioned provides that hook-on chairs must
hook-on chairs and the corresponding
why ‘‘so many injuries, and even on[e] comply with ASTM F1235–15.
changes to part 1112 regarding
fatality’’ occurred before anyone took The Office of the Federal Register
requirements for third party conformity
action to implement stringent standards. (‘‘OFR’’) has regulations concerning
assessment bodies will become effective
Additionally, the commenter opined incorporation by reference. 1 CFR part
6 months after publication of the final
that hook-on chairs never should have 51. These regulations require that, for a
rule in the Federal Register.
been released to the market, or that they final rule, agencies must discuss in the
Without evidence to the contrary,
should have been removed immediately preamble of the rule the way that the
CPSC generally considers 6 months to
after compromised attachment incidents materials the agency incorporates by
be sufficient time for suppliers to come
surfaced. Lastly, the commenter opined reference are reasonably available to
into compliance with a new standard,
that even if injuries and fatalities interested persons and how interested
and a 6-month effective date is typical
decrease after implementing this new parties can obtain the materials. In
for other CPSIA section 104 rules. Six
rule, the chances are high that more addition, the preamble of the rule must
months is also the period that JPMA
infants will be killed. summarize the material. 1 CFR 51.5(b).
Response: Section 104 of the CPSIA In accordance with the OFR’s typically allows for products in the
requires the Commission to promulgate requirements, the discussion in this JPMA certification program to transition
consumer product safety standards for section summarizes the provisions of to a new standard once that standard is
durable infant or toddler products, ASTM F1235–15. Interested persons published. The Commission proposed a
including hook-on chairs (specifically may purchase a copy of ASTM F1235– 6-month effective date in the NPR and
identified by section 104(f)(2)(C) of the 15 from ASTM, either through ASTM’s did not receive any comments regarding
CPSIA). Furthermore, section 104 of the Web site or by mail at the address the effective date.
Lhorne on DSK5TPTVN1PROD with RULES
CPSIA lays out a broad timeline for provided in the rule. A copy of the IX. Regulatory Flexibility Act
promulgation of such durable infant and standard may also be inspected at the
toddler product safety standards. These CPSC’s Office of the Secretary, U.S. A. Introduction
standards must be ‘‘substantially the Consumer Product Safety Commission, The Regulatory Flexibility Act
same as’’ or more stringent than the or at NARA, as discussed above. We (‘‘RFA’’), 5 U.S.C. 601–612, requires that
relevant voluntary standard. note that the Commission and ASTM agencies review a proposed rule and a
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![Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Rules and Regulations 17065
seek CPSC acceptance of their § 1233.1 Scope. served may respond shall be extended
accreditation to test for conformance This part establishes a consumer by five (5) days. Service by fax or email
with the hook-on chair standard. Most product safety standard for portable shall be permitted at the discretion of
of these test laboratories will have hook-on chairs. the Presiding Officer, with the parties’
already been accredited to test for consent. Signed documents that are
conformity to other mandatory juvenile § 1233.2 Requirements for portable hook- served by email must be in PDF or other
on chairs.
product standards, and the only costs to non-alterable form.
them would be the cost of adding the Each portable hook-on chair must
comply with all applicable provisions of * * * * *
hook-on chairs standard to their scope [FR Doc. 2016–07017 Filed 3–25–16; 8:45 am]
of accreditation. For these reasons, the ASTM F1235–15, Standard Consumer
BILLING CODE 1505–01–D
Commission certifies that the NOR Safety Specification for Portable Hook-
amending 16 CFR part 1112 to include On Chairs, approved on May 1, 2015.
the hook-on chairs standard will not The Director of the Federal Register
approves this incorporation by reference DEPARTMENT OF HEALTH AND
have a significant impact on a HUMAN SERVICES
substantial number of small entities. in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
List of Subjects Food and Drug Administration
from ASTM International, 100 Bar
16 CFR Part 1112 Harbor Drive, P.O. Box 0700, West
21 CFR Parts 312 and 320
Conshohocken, PA 19428; http://
Administrative practice and www.astm.org/cpsc.htm. You may [Docket No. FDA–2016–N–0011]
procedure, Audit, Consumer protection, inspect a copy at the Office of the
Reporting and recordkeeping Secretary, U.S. Consumer Product Investigational New Drug Applications
requirements, Third-party conformity Safety Commission, Room 820, 4330 for Biological Products;
assessment body. East West Highway, Bethesda, MD Bioequivalence Regulations; Technical
20814, telephone 301–504–7923, or at Amendment
16 CFR Part 1233
the National Archives and Records AGENCY: Food and Drug Administration,
Consumer protection, Imports, Administration (NARA). For HHS.
Incorporation by reference, Infants and information on the availability of this Final rule; technical
ACTION:
children, Labeling, Law enforcement, material at NARA, call 202–741–6030, amendment.
Toys. or go to: http://www.archives.gov/
For the reasons discussed in the federal_register/code_of_ SUMMARY: The Food and Drug
preamble, the Commission amends title federalregulations/ibr_locations.html. Administration (FDA or Agency) is
16 of the Code of Federal Regulations as Dated: March 22, 2016. amending its regulations to update the
follows: Todd A. Stevenson, address for applicants to submit
Secretary, Consumer Product Safety investigational new drug applications
PART 1112—REQUIREMENTS Commission. (INDs) for biological products regulated
PERTAINING TO THIRD PARTY [FR Doc. 2016–06769 Filed 3–25–16; 8:45 am]
by the Center for Drug Evaluation and
CONFORMITY ASSESSMENT BODIES BILLING CODE 6355–01–P
Research (CDER). FDA is also amending
its regulations on the criteria and
■ 1. The authority citation for part 1112 evidence to assess actual and potential
continues to read as follows: bioequivalence problems
COMMODITY FUTURES TRADING
Authority: Pub. L. 110–314, section 3, 122 (bioequivalence regulations) to correct a
COMMISSION
Stat. 3016, 3017 (2008); 15 U.S.C. 2063. typographical error. FDA is taking this
17 CFR Part 10 action to ensure accuracy and clarity in
■ 2. Amend § 1112.15 by adding and the Agency’s regulations.
reserving paragraph (b)(39) and adding Rules of Practice DATES: This rule is effective March 28,
paragraph (b)(40) to read as follows: 2016.
CFR Correction
§ 1112.15 When can a third party FOR FURTHER INFORMATION CONTACT:
conformity assessment body apply for In Title 17 of the Code of Federal Florine Purdie, Center for Drug
CPSC acceptance for a particular CPSC rule Regulations, Parts 1 to 40, revised as of Evaluation and Research, Food and
or test method? April 1, 2015, on page 386, in § 10.12, Drug Administration, 10903 New
* * * * * paragraph (a)(2)(v) is reinstated to read Hampshire Ave., Bldg. 51, Rm. 6248,
as follows: Silver Spring, MD 20993–0002, 301–
(b) * * *
(40) 16 CFR part 1233, Safety § 10.12 Service and filing of documents; 796–3601.
Standard for Portable Hook-On Chairs. form and execution. SUPPLEMENTARY INFORMATION: FDA is
* * * * * (a) * * * amending 21 CFR 312.140(a)(2) to
(2) * * * update the address for applicants to
■ 3. Add part 1233 to read as follows: (v) Service shall be complete at the submit INDs for biological products
time of personal service; upon deposit regulated by CDER. FDA is amending 21
PART 1233–SAFETY STANDARD FOR in the mail or with a similar commercial CFR 320.33(f)(3) of its bioequivalence
PORTABLE HOOK-ON CHAIRS package delivery service of a properly regulations to correct a typographical
Sec. addressed document for which all error by removing the phrase ‘‘(first-
Lhorne on DSK5TPTVN1PROD with RULES
1233.1 Scope. postage or delivery service fees have class metabolism)’’ and adding in its
1233.2 Requirements for portable hook-on been paid; or upon transmission by fax place ‘‘(first-pass metabolism).’’
chairs. or email. Where a party effects service Publication of this document
Authority: Sec. 104, Pub. L. 110–314, 122 by mail or similar package delivery constitutes final action on these changes
Stat. 3016 (August 14, 2008); Pub. L. 112–28, service (but not by fax or email), the under the Administrative Procedure Act
125 Stat. 273 (August 12, 2011). time within which the party being (5 U.S.C. 553). FDA has determined that
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Document Created: 2016-03-26 00:13:11
Document Modified: 2016-03-26 00:13:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| 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. | |
| 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] | |
| FR Citation | 81 FR 17062 | |
| CFR Citation | 16
CFR
1112 16 CFR 1233 | |
| CFR Associated | Administrative Practice and Procedure; Audit; Consumer Protection; Reporting and Recordkeeping Requirements; Third-Party Conformity Assessment Body; Imports; Incorporation by Reference; Infants and Children; Labeling; Law Enforcement and Toys |
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