82_FR_11351 82 FR 11317 - Revisions to Safety Standard for Toddler Beds

82 FR 11317 - Revisions to Safety Standard for Toddler Beds

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 82, Issue 34 (February 22, 2017)

Page Range11317-11320
FR Document2017-03332

In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar Child Product Safety Notification Act, in April 2011 the U.S. Consumer Product Safety Commission (Commission, or CPSC) published a consumer product safety standard for toddler beds. The standard incorporated by reference the ASTM voluntary standard for toddler beds, with several modifications. The CPSIA sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC's standard for toddler beds to incorporate by reference a more recent version of the applicable ASTM standard.

Federal Register, Volume 82 Issue 34 (Wednesday, February 22, 2017)
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Rules and Regulations]
[Pages 11317-11320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03332]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2017-0012]

16 CFR Part 1217


Revisions to Safety Standard for Toddler Beds

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In accordance with section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar 
Child Product Safety Notification Act, in April 2011 the U.S. Consumer 
Product Safety Commission (Commission, or CPSC) published a consumer 
product safety standard for toddler beds. The standard incorporated by 
reference the ASTM voluntary standard for toddler beds, with several 
modifications. The CPSIA sets forth a process for updating standards 
that the Commission has issued under the authority of section 104(b) of 
the CPSIA. In accordance with that process, we are publishing this 
direct final rule, revising the CPSC's standard for toddler beds to 
incorporate by reference a more recent version of the applicable ASTM 
standard.

DATES: The rule is effective on June 6, 2017, unless we receive 
significant adverse comment by March 24, 2017. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publication 
listed in this rule is approved by the Director of the Federal Register 
as of June 6, 2017.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2017-
0012, by any of the following methods:
    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (email), except through www.regulations.gov.
    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, 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 notice. 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 
electronically. Such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: Daniel E. Dunlap, Compliance Officer, 
Office of Compliance and Field Operations, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone: 
301-504-7733; email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    The Danny Keysar Child Product Safety Notification Act. Section 
104(b)(1)(B) of the CPSIA, also known as the Danny Keysar Child Product 
Safety Notification Act, requires the Commission to promulgate consumer 
product safety standards for durable infant or toddler products. The 
law requires that these standards are to be ``substantially the same 
as'' applicable voluntary standards or more stringent than the 
voluntary standards if the Commission concludes that more stringent 
requirements would further reduce the risk of injury associated with 
the product.
    Section 104(b)(4)(B) of the CPSIA also sets forth a process for 
updating CPSC's durable infant or toddler standards when the voluntary 
standard upon which the CPSC standard was based is changed. Under that 
process, when an organization revises the voluntary standard, it must 
notify the Commission. Unless the Commission determines within 90 days 
of receiving the notice that the revision does not improve the safety 
of the product, the revised standard is considered to be the new CPSC 
standard effective 180 days from the date the Commission received 
notice of the revision (or a later date specified by the Commission).
    The CPSC's Toddler Bed Standard. In accordance with section 
104(b)(1) of the CPSIA, on April 20, 2011, the Commission published a 
safety standard that incorporated by reference ASTM F1821-09, Standard 
Consumer Safety Specification for Toddler Beds, along with several 
modifications, as a mandatory consumer product safety standard. (76 FR 
22019 (April 20, 2011)); correction notice \1\ (76 FR 27882 (May 13, 
2011)). ASTM officially notified the CPSC on September 25, 2013 that 
ASTM had published a revised 2013 version of ASTM F1821. The Commission 
voted unanimously to publish a Federal Register notice revising the 
Commission's toddler bed standard to reference ASTM F1821-13, effective 
March 24, 2014 (78 FR 73692 (December 9, 2013); codified at 16 CFR

[[Page 11318]]

part 1217). On April 6, 2015, ASTM officially notified the CPSC that 
ASTM had revised ASTM's toddler bed standard again and had published a 
revised 2015 version of ASTM F1821. Due to an inadvertent omission in 
the revised standard, the Commission voted unanimously (5-0) to retain 
the existing consumer product safety standard.\2\ As explained below, 
ASTM has notified the CPSC that it has published a revised 2016 version 
of ASTM F1821 that corrects the previous omission.
---------------------------------------------------------------------------

    \1\ The Office of the Federal Register inadvertently omitted the 
last two sections and figures from the April 20, 2011 Federal 
Register notice.
    \2\ https://www.cpsc.gov/th/content/rca-astm%E2%80%99s-revisions-to-toddler-bed-standard.
---------------------------------------------------------------------------

    Notification of Recent Revision. On December 8, 2016, ASTM notified 
the CPSC of ASTM's approval and publication of ASTM F1821-16 in a 
standard approved on October 1, 2016, ASTM F1821-16, Standard Consumer 
Safety Performance Specification for Toddler Beds. As discussed below, 
the Commission has reviewed the differences between 16 CFR part 1217 
and ASTM F1821-16.

B. 2015 and 2016 Revisions to the ASTM Standard

    A ``toddler bed'' is defined in ASTM F1821-16 as any bed sized to 
accommodate a full-size crib mattress having minimum dimensions of 51 
\5/8\ inches (1310 mm) in length and 27 \1/4\ inches (690 mm) in width 
and is intended to provide free access and egress to a child not less 
than 15 months of age and who weighs no more than 50 pounds (27.7 kg). 
The standard was developed in response to incident data supplied by the 
CPSC in an attempt to minimize the following hazards: Entrapment in bed 
end structures, entrapment between the guardrail and side rail, and 
entrapment in the mattress support system. The standard has provisions 
that address these hazards. In addition, the ASTM standard has 
provisions addressing corner post extensions, which may catch cords, 
ribbons, necklaces or clothing. There are several differences between 
16 CFR part 1217 (which incorporates by reference ASTM F1821-13) and 
the revised version of the standard, ASTM F1821-16. We summarize the 
differences and the CPSC's assessment of the revisions below.

ASTM F1821-15 Revision

    ASTM F1821-15, approved in February 2015, and published in March 
2015, revised ASTM F1821-13. ASTM notified the Commission about this 
revision on April 6, 2015. This revision contained two significant 
changes.
     Section 5.10--Corner Post Extensions was modified to allow 
an exception to the requirement for corner posts so that canopy post 
extensions 57 inches or greater are allowed on toddler beds. General 
requirements were added in section 5.10.1 and 5.10.2 so that new 
protrusion/entanglement hazards are not created as a result of this 
exception. The Commission considers this a neutral change to the 
standard.
     Section 6.5--End Structures was modified to address 
potential entrapment hazards between the side rails and mattress 
support system. Because guard rails are optional on toddler beds, the 
ASTM subcommittee recognized the need to address the entrapment hazard 
with side rails and guardrails, not just the head and foot ``end'' 
structures. The Commission considers this a safety improvement to the 
standard.
    As mentioned, the 2015 version should have modified, but 
inadvertently did not modify, the Section 7.5 --; End Structures test 
requirements to include testing requirements for potential entrapment 
in the side rails, as identified in 6.5. Failure to include these 
requirements negated the intended safety improvement noted in section 
6.5.

ASTM F1821-16 Revision

    ASTM F1821-16, approved and published on October 1, 2016, revised 
ASTM F1821-15. ASTM notified the Commission of this revision on 
December 8, 2016. This revision contains the test requirements for the 
side rails, which were missing from ASTM F1821-15. Section 7.5 now 
includes end structures and side rails in the testing requirements. 
Section 7.5.1 explains how to test potential entrapment hazards in end 
structures, and section 7.5.2 explains how to test potential entrapment 
hazards in side rails. The Commission considers the addition of 
performance and test requirements for potential entrapment in side 
rails to improve the safety of toddler beds. Thus, the Commission is 
allowing the revised version, ASTM F1821-16, to become the new CPSC 
mandatory standard for toddler beds.
    In accordance with section 104(b)(4) of the CPSIA, the revised ASTM 
standard for toddler beds becomes the new CPSC standard 180 days after 
the date the CPSC received notification of the revision from ASTM. This 
rule revises the incorporation by reference in 16 CFR part 1217, to 
reference ASTM F1821-16.

C. Incorporation by Reference

    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble to the final rule, ways 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 to the final rule must summarize 
the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, section B of this 
preamble summarizes the major provisions of ASTM F1821-16 standard that 
the Commission incorporates by reference into 16 CFR part 1217. The 
standard is reasonably available to interested parties and interested 
parties may purchase a copy of the standard from ASTM International, 
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 
USA, phone: 610-832-9585; http://www.astm.org/. A copy of the standard 
can also be inspected 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.

D. Certification

    Section 14(a) of the CPSA requires 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, 
be certified as complying with all applicable CPSC requirements. 15 
U.S.C. 2063(a). Such certification must be based on a test of each 
product, or on a reasonable testing program or, for children's 
products, on tests on a sufficient number of samples by a third party 
conformity assessment body accredited by the Commission to test 
according to the applicable requirements. As noted in the preceding 
discussion, standards issued under section 104(b)(1)(B) of the CPSIA 
are ``consumer product safety standards.'' Thus, they are subject to 
the testing and certification requirements of section 14 of the CPSA.
    Because toddler beds are children's products, samples of these 
products must be tested by a third party conformity assessment body 
whose accreditation has been accepted by the Commission. These products 
also must comply with all other applicable CPSC requirements, such as 
the lead content requirements in section 101 of the CPSIA, the 
phthalates prohibitions in section 108 of the CPSIA, the tracking label 
requirement in section 14(a)(5) of the CPSA, and the consumer 
registration form requirements in the Danny Keysar Child Product Safety 
Notification Act.

[[Page 11319]]

E. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSA, the 
Commission has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
toddler beds (76 FR 22030 (April 20, 2011)). The NOR provided the 
criteria and process for our acceptance of accreditation of third party 
conformity assessment bodies for testing toddler beds to 16 CFR part 
1217 (which incorporated ASTM F1821-13 with several modifications). The 
NOR is listed in the Commission's rule, ``Requirements Pertaining to 
Third Party Conformity Assessment Bodies.'' 16 CFR part 1112.
    No change to the NOR in 16 CFR part 1112 is required for the 
Commission's revision to 16 CFR part 1217 updating the reference to 
ASTM F1821-16 because the NOR currently in effect already requires that 
the accreditation scope include a reference to 16 CFR part 1217. 
Laboratories would begin testing to the new standard when it goes into 
effect. Therefore, the Commission considers the existing accreditations 
that the Commission has accepted for testing to this standard also to 
cover testing to the revised standard. The existing NOR for this 
standard will remain in place, and CPSC-accepted third party conformity 
assessment bodies are expected to update the scope of the testing 
laboratories' accreditation to reflect the revised standard in the 
normal course of renewing their accreditation.

F. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the 
Commission updates a reference to an ASTM standard that the Commission 
has incorporated by reference under section 104(b) of the CPSIA, notice 
and comment is not necessary.
    Under the process set out in section 104(b)(4)(B) of the CPSIA, 
when ASTM revises a standard that the Commission has previously 
incorporated by reference as a Commission standard for a durable infant 
or toddler product under section 104(b)(1)(b) of the CPSIA, that 
revision will become the new CPSC standard unless the Commission 
determines that ASTM's revision does not improve the safety of the 
product. Thus, unless the Commission makes such a determination, the 
ASTM revision becomes CPSC's standard by operation of law. The 
Commission is allowing ASTM F1821-16 to become CPSC's new standard. The 
purpose of this direct final rule is merely to update the reference in 
the Code of Federal Regulations so that it accurately reflects the 
version of the standard that takes effect by statute. Public comment 
will not impact the substantive changes to the standard or the effect 
of the revised standard as a consumer product safety standard under 
section 104(b) of the CPSIA. Under these circumstances, notice and 
comment is not necessary. In Recommendation 95-4, the Administrative 
Conference of the United States (ACUS) endorsed direct final rulemaking 
as an appropriate procedure to expedite promulgation of rules that are 
noncontroversial and that are not expected to generate significant 
adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended 
that agencies use the direct final rule process when they act under the 
``unnecessary'' prong of the good cause exemption in 5 U.S.C. 
553(b)(B). Consistent with the ACUS recommendation, the Commission is 
publishing this rule as a direct final rule because we do not expect 
any significant adverse comments.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on June 6, 2017. In accordance with ACUS's 
recommendation, the Commission considers a significant adverse comment 
to be one where the commenter explains why the rule would be 
inappropriate, including an assertion challenging the rule's underlying 
premise or approach, or a claim that the rule would be ineffective or 
unacceptable without change.
    Should the Commission receive a significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comments and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review proposed and final rules for their potential economic 
impact on small entities, including small businesses, and prepare 
regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies 
to any rule that is subject to notice and comment procedures under 
section 553 of the APA. Id. As explained above, the Commission has 
determined that notice and comment is not necessary for this direct 
final rule. Thus, the RFA does not apply. We also note the limited 
nature of this document which updates the incorporation by reference to 
reflect the mandatory CPSC standard that takes effect under section 104 
of the CPSIA.

H. Paperwork Reduction Act

    The toddler beds standard contains information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The revision made no changes to that section of the standard. 
Thus, these revision will not have any effect on the information 
collection requirements related to that standard.

I. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion, so no 
environmental assessment or environmental impact statement is required.

J. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the Consumer Product Safety 
Act (CPSA)]'' 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.
    The Danny Keysar Child Product Safety Notification Act (at section 
104(b)(1)(B) of the CPSIA) refers to the rules to be issued under that 
section as ``consumer product safety standards,'' thus implying that 
the preemptive effect of section 26(a) of the CPSA would apply. 
Therefore, a rule issued under section 104 of the CPSIA will invoke the 
preemptive effect of section 26(a) of the CPSA when it becomes 
effective.

K. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when

[[Page 11320]]

a voluntary standard organization revises a standard upon which a 
consumer product safety standard issued under the Danny Keysar Child 
Product Safety Notification Act was based, the revision becomes the 
CPSC standard within 180 days of notification to the Commission, unless 
the Commission determines that the revision does not improve the safety 
of the product, or the Commission sets a later date in the Federal 
Register. The Commission has not set a different effective date. Thus, 
in accordance with this provision, this rule takes effect 180 days 
after we received notification from ASTM of revisions to these 
standards. As discussed in the preceding section, this is a direct 
final rule. Unless we receive a significant adverse comment within 30 
days, the rule will become effective on June 6, 2017.

List of Subjects in 16 CFR Part 1217

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

    For the reasons stated above, the Commission amends 16 CFR chapter 
II as follows:

PART 1217--SAFETY STANDARD FOR TODDLER BEDS

0
1. The authority citation for part 1217 continues to read as follows:

    Authority:  Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 
14, 2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


0
2. Revise Sec.  1217.2 to read as follows:


Sec.  1217.2   Requirements for toddler beds.

    Each toddler bed shall comply with all applicable provisions of 
ASTM F1821-16, Standard Consumer Safety Specification for Toddler Beds, 
approved October 1, 2016. The Director of the Federal Register approves 
the incorporation by reference listed in this section in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of this 
ASTM standard from ASTM International, 100 Barr Harbor Drive, PO Box 
C700, West Conshohocken, PA 19428-2959 USA; phone: 610-832-9585; 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.

    Dated: February 15, 2017.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-03332 Filed 2-21-17; 8:45 am]
BILLING CODE 6355-01-P



                                                               Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations                                               11317

                                              effective March 11, 2016, for related                    ACTION:   Direct final rule.                          FOR FURTHER INFORMATION CONTACT:
                                              information. This MCAI may be found in the                                                                     Daniel E. Dunlap, Compliance Officer,
                                              AD docket on the Internet at http://                     SUMMARY:    In accordance with section                Office of Compliance and Field
                                              www.regulations.gov by searching for and                 104(b) of the Consumer Product Safety                 Operations, Consumer Product Safety
                                              locating Docket No. FAA–2016–9049.                       Improvement Act of 2008 (CPSIA), also
                                                 (2) Service information identified in this
                                                                                                                                                             Commission, 4330 East West Highway,
                                                                                                       known as the Danny Keysar Child                       Bethesda, MD 20814–4408; telephone:
                                              AD that is not incorporated by reference is              Product Safety Notification Act, in April
                                              available at the addresses specified in                                                                        301–504–7733; email: ddunlap@
                                                                                                       2011 the U.S. Consumer Product Safety                 cpsc.gov.
                                              paragraphs (n)(3) and (n)(4) of this AD.
                                                                                                       Commission (Commission, or CPSC)
                                              (n) Material Incorporated by Reference                   published a consumer product safety                   SUPPLEMENTARY INFORMATION:
                                                 (1) The Director of the Federal Register              standard for toddler beds. The standard               A. Background
                                              approved the incorporation by reference                  incorporated by reference the ASTM
                                                                                                                                                                The Danny Keysar Child Product
                                              (IBR) of the service information listed in this          voluntary standard for toddler beds,
                                              paragraph under 5 U.S.C. 552(a) and 1 CFR                                                                      Safety Notification Act. Section
                                                                                                       with several modifications. The CPSIA
                                              part 51.                                                                                                       104(b)(1)(B) of the CPSIA, also known as
                                                                                                       sets forth a process for updating
                                                 (2) You must use this service information                                                                   the Danny Keysar Child Product Safety
                                                                                                       standards that the Commission has
                                              as applicable to do the actions required by                                                                    Notification Act, requires the
                                                                                                       issued under the authority of section
                                              this AD, unless this AD specifies otherwise.                                                                   Commission to promulgate consumer
                                                 (i) Embraer Service Bulletin 145–30–0056,
                                                                                                       104(b) of the CPSIA. In accordance with
                                                                                                                                                             product safety standards for durable
                                              Revision 03, dated February 6, 2015.                     that process, we are publishing this
                                                                                                                                                             infant or toddler products. The law
                                                 (ii) Embraer Service Bulletin 145LEG–30–              direct final rule, revising the CPSC’s
                                                                                                                                                             requires that these standards are to be
                                              0021, dated March 31, 2014.                              standard for toddler beds to incorporate
                                                                                                                                                             ‘‘substantially the same as’’ applicable
                                                 (iii) Embraer Temporary Revision 19.1,                by reference a more recent version of the
                                                                                                                                                             voluntary standards or more stringent
                                              dated April 22, 2014, to Volume 1 of the                 applicable ASTM standard.
                                              Embraer Legacy Aircraft Operations Manual                                                                      than the voluntary standards if the
                                                                                                       DATES: The rule is effective on June 6,
                                              AOM–135/1542–01.                                                                                               Commission concludes that more
                                                                                                       2017, unless we receive significant                   stringent requirements would further
                                                 (iv) Embraer Temporary Revision 40.2,
                                                                                                       adverse comment by March 24, 2017. If                 reduce the risk of injury associated with
                                              dated April 4, 2014, to Volume 1, of the
                                              Embraer EMB–145 Aircraft Operations                      we receive timely significant adverse                 the product.
                                              Manual AOM–145/1114–01.                                  comments, we will publish notification                   Section 104(b)(4)(B) of the CPSIA also
                                                 (3) For service information identified in             in the Federal Register, withdrawing                  sets forth a process for updating CPSC’s
                                              this AD, contact Empresa Brasileira de                   this direct final rule before its effective           durable infant or toddler standards
                                              Aeronautica S.A. (Embraer), Technical                    date. The incorporation by reference of               when the voluntary standard upon
                                              Publications Section (PC 060), Av. Brigadeiro            the publication listed in this rule is                which the CPSC standard was based is
                                              Faria Lima, 2170—Putim—12227–901 São                    approved by the Director of the Federal
                                              Jose dos Campos—SP—Brasil; telephone +55
                                                                                                                                                             changed. Under that process, when an
                                                                                                       Register as of June 6, 2017.                          organization revises the voluntary
                                              12 3927–5852 or +55 12 3309–0732; fax +55
                                                                                                       ADDRESSES: You may submit comments,                   standard, it must notify the
                                              12 3927–7546; email distrib@embraer.com.br;
                                              Internet http://www.flyembraer.com                       identified by Docket No. CPSC–2017–                   Commission. Unless the Commission
                                                 (4) You may view this service information             0012, by any of the following methods:                determines within 90 days of receiving
                                              at the FAA, Transport Airplane Directorate,                 Submit electronic comments in the                  the notice that the revision does not
                                              1601 Lind Avenue SW., Renton, WA. For                    following way:                                        improve the safety of the product, the
                                              information on the availability of this                     Federal eRulemaking Portal: http://                revised standard is considered to be the
                                              material at the FAA, call 425–227–1221.                  www.regulations.gov. Follow the                       new CPSC standard effective 180 days
                                                 (5) You may view this service information             instructions for submitting comments.                 from the date the Commission received
                                              that is incorporated by reference at the                 To ensure timely processing of
                                              National Archives and Records                                                                                  notice of the revision (or a later date
                                                                                                       comments, the Commission is no longer                 specified by the Commission).
                                              Administration (NARA). For information on
                                                                                                       accepting comments submitted by                          The CPSC’s Toddler Bed Standard. In
                                              the availability of this material at NARA, call
                                              202–741–6030, or go to: http://                          electronic mail (email), except through               accordance with section 104(b)(1) of the
                                              www.archives.gov/federal-register/cfr/ibr-               www.regulations.gov.                                  CPSIA, on April 20, 2011, the
                                              locations.html.                                             Submit written submissions in the                  Commission published a safety standard
                                                                                                       following way:                                        that incorporated by reference ASTM
                                                 Issued in Renton, Washington, on February                Mail/Hand delivery/Courier (for
                                              3, 2017.                                                                                                       F1821–09, Standard Consumer Safety
                                                                                                       paper, disk, or CD–ROM submissions),                  Specification for Toddler Beds, along
                                              Michael Kaszycki,                                        preferably in five copies, to: Office of              with several modifications, as a
                                              Acting Manager, Transport Airplane                       the Secretary, Consumer Product Safety                mandatory consumer product safety
                                              Directorate, Aircraft Certification Service.             Commission, Room 820, 4330 East West                  standard. (76 FR 22019 (April 20,
                                              [FR Doc. 2017–03259 Filed 2–21–17; 8:45 am]              Highway, Bethesda, MD 20814;                          2011)); correction notice 1 (76 FR 27882
                                              BILLING CODE 4910–13–P                                   telephone (301) 504–7923.                             (May 13, 2011)). ASTM officially
                                                                                                          Instructions: All submissions received
                                                                                                                                                             notified the CPSC on September 25,
                                                                                                       must include the agency name and
                                                                                                                                                             2013 that ASTM had published a
                                              CONSUMER PRODUCT SAFETY                                  docket number for this notice. All
                                                                                                                                                             revised 2013 version of ASTM F1821.
                                              COMMISSION                                               comments received may be posted
                                                                                                                                                             The Commission voted unanimously to
                                                                                                       without change, including any personal
                                              [Docket No. CPSC–2017–0012]                                                                                    publish a Federal Register notice
                                                                                                       identifiers, contact information, or other
                                                                                                                                                             revising the Commission’s toddler bed
sradovich on DSK3GMQ082PROD with RULES




                                                                                                       personal information provided, to
                                              16 CFR Part 1217                                                                                               standard to reference ASTM F1821–13,
                                                                                                       http://www.regulations.gov. Do not
                                                                                                                                                             effective March 24, 2014 (78 FR 73692
                                              Revisions to Safety Standard for                         submit confidential business
                                                                                                                                                             (December 9, 2013); codified at 16 CFR
                                              Toddler Beds                                             information, trade secret information, or
                                                                                                       other sensitive or protected information               1 The Office of the Federal Register inadvertently
                                              AGENCY:Consumer Product Safety                           electronically. Such information should               omitted the last two sections and figures from the
                                              Commission.                                              be submitted in writing.                              April 20, 2011 Federal Register notice.



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                                              11318            Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations

                                              part 1217). On April 6, 2015, ASTM                       exception to the requirement for corner               51. Under these regulations, agencies
                                              officially notified the CPSC that ASTM                   posts so that canopy post extensions 57               must discuss, in the preamble to the
                                              had revised ASTM’s toddler bed                           inches or greater are allowed on toddler              final rule, ways that the materials the
                                              standard again and had published a                       beds. General requirements were added                 agency incorporates by reference are
                                              revised 2015 version of ASTM F1821.                      in section 5.10.1 and 5.10.2 so that new              reasonably available to interested
                                              Due to an inadvertent omission in the                    protrusion/entanglement hazards are                   persons and how interested parties can
                                              revised standard, the Commission voted                   not created as a result of this exception.            obtain the materials. In addition, the
                                              unanimously (5–0) to retain the existing                 The Commission considers this a                       preamble to the final rule must
                                              consumer product safety standard.2 As                    neutral change to the standard.                       summarize the material. 1 CFR 51.5(b).
                                              explained below, ASTM has notified the                      • Section 6.5—End Structures was
                                                                                                       modified to address potential                            In accordance with the OFR’s
                                              CPSC that it has published a revised                                                                           requirements, section B of this preamble
                                              2016 version of ASTM F1821 that                          entrapment hazards between the side
                                                                                                       rails and mattress support system.                    summarizes the major provisions of
                                              corrects the previous omission.                                                                                ASTM F1821–16 standard that the
                                                Notification of Recent Revision. On                    Because guard rails are optional on
                                                                                                       toddler beds, the ASTM subcommittee                   Commission incorporates by reference
                                              December 8, 2016, ASTM notified the
                                                                                                       recognized the need to address the                    into 16 CFR part 1217. The standard is
                                              CPSC of ASTM’s approval and
                                                                                                       entrapment hazard with side rails and                 reasonably available to interested
                                              publication of ASTM F1821–16 in a
                                                                                                       guardrails, not just the head and foot                parties and interested parties may
                                              standard approved on October 1, 2016,
                                              ASTM F1821–16, Standard Consumer                         ‘‘end’’ structures. The Commission                    purchase a copy of the standard from
                                              Safety Performance Specification for                     considers this a safety improvement to                ASTM International, 100 Barr Harbor
                                              Toddler Beds. As discussed below, the                    the standard.                                         Drive, PO Box C700, West
                                              Commission has reviewed the                                 As mentioned, the 2015 version                     Conshohocken, PA 19428–2959 USA,
                                              differences between 16 CFR part 1217                     should have modified, but inadvertently               phone: 610–832–9585; http://
                                              and ASTM F1821–16.                                       did not modify, the Section 7.5 --; End               www.astm.org/. A copy of the standard
                                                                                                       Structures test requirements to include               can also be inspected at CPSC’s Office
                                              B. 2015 and 2016 Revisions to the                        testing requirements for potential                    of the Secretary, U.S. Consumer Product
                                              ASTM Standard                                            entrapment in the side rails, as                      Safety Commission, Room 820, 4330
                                                A ‘‘toddler bed’’ is defined in ASTM                   identified in 6.5. Failure to include                 East West Highway, Bethesda, MD
                                              F1821–16 as any bed sized to                             these requirements negated the intended               20814, telephone 301–504–7923.
                                              accommodate a full-size crib mattress                    safety improvement noted in section
                                                                                                                                                             D. Certification
                                              having minimum dimensions of 51 5⁄8                      6.5.
                                              inches (1310 mm) in length and 27 1⁄4                    ASTM F1821–16 Revision                                   Section 14(a) of the CPSA requires
                                              inches (690 mm) in width and is                                                                                that products subject to a consumer
                                              intended to provide free access and                         ASTM F1821–16, approved and                        product safety rule under the CPSA, or
                                              egress to a child not less than 15 months                published on October 1, 2016, revised                 to a similar rule, ban, standard, or
                                              of age and who weighs no more than 50                    ASTM F1821–15. ASTM notified the                      regulation under any other act enforced
                                              pounds (27.7 kg). The standard was                       Commission of this revision on                        by the Commission, be certified as
                                              developed in response to incident data                   December 8, 2016. This revision                       complying with all applicable CPSC
                                              supplied by the CPSC in an attempt to                    contains the test requirements for the                requirements. 15 U.S.C. 2063(a). Such
                                              minimize the following hazards:                          side rails, which were missing from                   certification must be based on a test of
                                              Entrapment in bed end structures,                        ASTM F1821–15. Section 7.5 now                        each product, or on a reasonable testing
                                              entrapment between the guardrail and                     includes end structures and side rails in             program or, for children’s products, on
                                              side rail, and entrapment in the mattress                the testing requirements. Section 7.5.1               tests on a sufficient number of samples
                                              support system. The standard has                         explains how to test potential                        by a third party conformity assessment
                                              provisions that address these hazards. In                entrapment hazards in end structures,                 body accredited by the Commission to
                                              addition, the ASTM standard has                          and section 7.5.2 explains how to test                test according to the applicable
                                              provisions addressing corner post                        potential entrapment hazards in side                  requirements. As noted in the preceding
                                              extensions, which may catch cords,                       rails. The Commission considers the                   discussion, standards issued under
                                              ribbons, necklaces or clothing. There are                addition of performance and test                      section 104(b)(1)(B) of the CPSIA are
                                              several differences between 16 CFR part                  requirements for potential entrapment                 ‘‘consumer product safety standards.’’
                                              1217 (which incorporates by reference                    in side rails to improve the safety of                Thus, they are subject to the testing and
                                              ASTM F1821–13) and the revised                           toddler beds. Thus, the Commission is                 certification requirements of section 14
                                              version of the standard, ASTM F1821–                     allowing the revised version, ASTM                    of the CPSA.
                                              16. We summarize the differences and                     F1821–16, to become the new CPSC
                                                                                                       mandatory standard for toddler beds.                     Because toddler beds are children’s
                                              the CPSC’s assessment of the revisions
                                                                                                          In accordance with section 104(b)(4)               products, samples of these products
                                              below.
                                                                                                       of the CPSIA, the revised ASTM                        must be tested by a third party
                                              ASTM F1821–15 Revision                                   standard for toddler beds becomes the                 conformity assessment body whose
                                                ASTM F1821–15, approved in                             new CPSC standard 180 days after the                  accreditation has been accepted by the
                                              February 2015, and published in March                    date the CPSC received notification of                Commission. These products also must
                                              2015, revised ASTM F1821–13. ASTM                        the revision from ASTM. This rule                     comply with all other applicable CPSC
                                              notified the Commission about this                       revises the incorporation by reference in             requirements, such as the lead content
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                                              revision on April 6, 2015. This revision                 16 CFR part 1217, to reference ASTM                   requirements in section 101 of the
                                              contained two significant changes.                       F1821–16.                                             CPSIA, the phthalates prohibitions in
                                                • Section 5.10—Corner Post                                                                                   section 108 of the CPSIA, the tracking
                                                                                                       C. Incorporation by Reference                         label requirement in section 14(a)(5) of
                                              Extensions was modified to allow an
                                                                                                         The Office of the Federal Register                  the CPSA, and the consumer registration
                                                2 https://www.cpsc.gov/th/content/rca-astm%            (OFR) has regulations concerning                      form requirements in the Danny Keysar
                                              E2%80%99s-revisions-to-toddler-bed-standard.             incorporation by reference. 1 CFR part                Child Product Safety Notification Act.


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                                                               Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations                                       11319

                                              E. Notice of Requirements                                not improve the safety of the product.                comment procedures under section 553
                                                 In accordance with section                            Thus, unless the Commission makes                     of the APA. Id. As explained above, the
                                              14(a)(3)(B)(iv) of the CPSA, the                         such a determination, the ASTM                        Commission has determined that notice
                                              Commission has previously published a                    revision becomes CPSC’s standard by                   and comment is not necessary for this
                                              notice of requirements (NOR) for                         operation of law. The Commission is                   direct final rule. Thus, the RFA does not
                                              accreditation of third party conformity                  allowing ASTM F1821–16 to become                      apply. We also note the limited nature
                                              assessment bodies for testing toddler                    CPSC’s new standard. The purpose of                   of this document which updates the
                                              beds (76 FR 22030 (April 20, 2011)). The                 this direct final rule is merely to update            incorporation by reference to reflect the
                                                                                                       the reference in the Code of Federal                  mandatory CPSC standard that takes
                                              NOR provided the criteria and process
                                                                                                       Regulations so that it accurately reflects            effect under section 104 of the CPSIA.
                                              for our acceptance of accreditation of
                                                                                                       the version of the standard that takes
                                              third party conformity assessment                                                                              H. Paperwork Reduction Act
                                                                                                       effect by statute. Public comment will
                                              bodies for testing toddler beds to 16 CFR                                                                        The toddler beds standard contains
                                                                                                       not impact the substantive changes to
                                              part 1217 (which incorporated ASTM                                                                             information collection requirements
                                                                                                       the standard or the effect of the revised
                                              F1821–13 with several modifications).                                                                          under the Paperwork Reduction Act of
                                                                                                       standard as a consumer product safety
                                              The NOR is listed in the Commission’s                                                                          1995 (44 U.S.C. 3501–3520). The
                                                                                                       standard under section 104(b) of the
                                              rule, ‘‘Requirements Pertaining to Third                                                                       revision made no changes to that section
                                                                                                       CPSIA. Under these circumstances,
                                              Party Conformity Assessment Bodies.’’                                                                          of the standard. Thus, these revision
                                                                                                       notice and comment is not necessary. In
                                              16 CFR part 1112.                                        Recommendation 95–4, the                              will not have any effect on the
                                                 No change to the NOR in 16 CFR part
                                                                                                       Administrative Conference of the                      information collection requirements
                                              1112 is required for the Commission’s
                                                                                                       United States (ACUS) endorsed direct                  related to that standard.
                                              revision to 16 CFR part 1217 updating                    final rulemaking as an appropriate
                                              the reference to ASTM F1821–16                                                                                 I. Environmental Considerations
                                                                                                       procedure to expedite promulgation of
                                              because the NOR currently in effect                      rules that are noncontroversial and that                 The Commission’s regulations
                                              already requires that the accreditation                  are not expected to generate significant              provide a categorical exclusion for the
                                              scope include a reference to 16 CFR part                 adverse comment. See 60 FR 43108                      Commission’s rules from any
                                              1217. Laboratories would begin testing                   (August 18, 1995). ACUS recommended                   requirement to prepare an
                                              to the new standard when it goes into                    that agencies use the direct final rule               environmental assessment or an
                                              effect. Therefore, the Commission                        process when they act under the                       environmental impact statement
                                              considers the existing accreditations                    ‘‘unnecessary’’ prong of the good cause               because they ‘‘have little or no potential
                                              that the Commission has accepted for                     exemption in 5 U.S.C. 553(b)(B).                      for affecting the human environment.’’
                                              testing to this standard also to cover                   Consistent with the ACUS                              16 CFR 1021.5(c)(2). This rule falls
                                              testing to the revised standard. The                     recommendation, the Commission is                     within the categorical exclusion, so no
                                              existing NOR for this standard will                      publishing this rule as a direct final rule           environmental assessment or
                                              remain in place, and CPSC-accepted                       because we do not expect any                          environmental impact statement is
                                              third party conformity assessment                        significant adverse comments.                         required.
                                              bodies are expected to update the scope                     Unless we receive a significant
                                              of the testing laboratories’ accreditation               adverse comment within 30 days, the                   J. Preemption
                                              to reflect the revised standard in the                   rule will become effective on June 6,                    Section 26(a) of the CPSA, 15 U.S.C.
                                              normal course of renewing their                          2017. In accordance with ACUS’s                       2075(a), provides that where a
                                              accreditation.                                           recommendation, the Commission                        ‘‘consumer product safety standard
                                              F. Direct Final Rule Process                             considers a significant adverse comment               under [the Consumer Product Safety Act
                                                                                                       to be one where the commenter explains                (CPSA)]’’ is in effect and applies to a
                                                The Commission is issuing this rule                    why the rule would be inappropriate,                  product, no state or political
                                              as a direct final rule. Although the                     including an assertion challenging the                subdivision of a state may either
                                              Administrative Procedure Act (APA)                       rule’s underlying premise or approach,                establish or continue in effect a
                                              generally requires notice and comment                    or a claim that the rule would be                     requirement dealing with the same risk
                                              rulemaking, section 553 of the APA                       ineffective or unacceptable without                   of injury unless the state requirement is
                                              provides an exception when the agency,                   change.                                               identical to the federal standard. Section
                                              for good cause, finds that notice and                       Should the Commission receive a                    26(c) of the CPSA also provides that
                                              public procedure are ‘‘impracticable,                    significant adverse comment, the                      states or political subdivisions of states
                                              unnecessary, or contrary to the public                   Commission would withdraw this direct                 may apply to the Commission for an
                                              interest.’’ 5 U.S.C. 553(b)(B). The                      final rule. Depending on the comments                 exemption from this preemption under
                                              Commission concludes that when the                       and other circumstances, the                          certain circumstances.
                                              Commission updates a reference to an                     Commission may then incorporate the                      The Danny Keysar Child Product
                                              ASTM standard that the Commission                        adverse comment into a subsequent                     Safety Notification Act (at section
                                              has incorporated by reference under                      direct final rule or publish a notice of              104(b)(1)(B) of the CPSIA) refers to the
                                              section 104(b) of the CPSIA, notice and                  proposed rulemaking, providing an                     rules to be issued under that section as
                                              comment is not necessary.                                opportunity for public comment.                       ‘‘consumer product safety standards,’’
                                                Under the process set out in section                                                                         thus implying that the preemptive effect
                                              104(b)(4)(B) of the CPSIA, when ASTM                     G. Regulatory Flexibility Act
                                                                                                                                                             of section 26(a) of the CPSA would
                                              revises a standard that the Commission                     The Regulatory Flexibility Act (RFA)                apply. Therefore, a rule issued under
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                                              has previously incorporated by                           generally requires that agencies review               section 104 of the CPSIA will invoke the
                                              reference as a Commission standard for                   proposed and final rules for their                    preemptive effect of section 26(a) of the
                                              a durable infant or toddler product                      potential economic impact on small                    CPSA when it becomes effective.
                                              under section 104(b)(1)(b) of the CPSIA,                 entities, including small businesses, and
                                              that revision will become the new CPSC                   prepare regulatory flexibility analyses. 5            K. Effective Date
                                              standard unless the Commission                           U.S.C. 603 and 604. The RFA applies to                  Under the procedure set forth in
                                              determines that ASTM’s revision does                     any rule that is subject to notice and                section 104(b)(4)(B) of the CPSIA, when


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                                              11320            Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations

                                              a voluntary standard organization                          Dated: February 15, 2017.                           vertical clearance above Columbia River
                                              revises a standard upon which a                          Todd A. Stevenson,                                    Datum 0.0. The deviation period is from
                                              consumer product safety standard                         Secretary, U.S. Consumer Product Safety               10:15 a.m. to 11:15 a.m. on March 19,
                                              issued under the Danny Keysar Child                      Commission.                                           2017. The normal operating schedule for
                                              Product Safety Notification Act was                      [FR Doc. 2017–03332 Filed 2–21–17; 8:45 am]           the Steel Bridge is in accordance with
                                              based, the revision becomes the CPSC                     BILLING CODE 6355–01–P                                33 CFR 117.897(c)(3)(ii).
                                              standard within 180 days of notification                                                                          Waterway usage on this part of the
                                              to the Commission, unless the                                                                                  Willamette River includes vessels
                                              Commission determines that the                           DEPARTMENT OF HOMELAND                                ranging from commercial tug and barge
                                              revision does not improve the safety of                  SECURITY                                              to small pleasure craft. Vessels able to
                                              the product, or the Commission sets a                                                                          pass through the bridge in the closed-to-
                                              later date in the Federal Register. The                  Coast Guard                                           navigation position may do so at any
                                              Commission has not set a different                                                                             time. The bridge will be able to open for
                                              effective date. Thus, in accordance with                 33 CFR Part 117                                       emergencies, and there is no immediate
                                              this provision, this rule takes effect 180                                                                     alternate route for vessels to pass. The
                                              days after we received notification from                 [Docket No. USCG–2017–0098]
                                                                                                                                                             Coast Guard has conducted a public
                                              ASTM of revisions to these standards.                                                                          outreach for this closure of the lower
                                                                                                       Drawbridge Operation Regulation;
                                              As discussed in the preceding section,                                                                         deck on the Steel Bridge to known
                                                                                                       Willamette River, Portland, OR
                                              this is a direct final rule. Unless we                                                                         mariners that transit on the river. The
                                              receive a significant adverse comment                    AGENCY:  Coast Guard, DHS.                            Coast Guard has not received any
                                              within 30 days, the rule will become                     ACTION: Notice of deviation from                      objections to this temporary deviation
                                              effective on June 6, 2017.                               regulation.                                           from the operating schedule. The Coast
                                              List of Subjects in 16 CFR Part 1217                                                                           Guard will also inform the users of the
                                                                                                       SUMMARY:   The Coast Guard has issued a               waterways through our Local and
                                                Consumer protection, Imports,                          temporary deviation from the operating                Broadcast Notices to Mariners of the
                                              Incorporation by reference, Infants and                  schedule that governs the lower deck of               change in operating schedule for the
                                              children, Law enforcement, Safety,                       the Steel Bridge across the Willamette                bridge so that vessel operators can
                                              Toys.                                                    River, mile 12.1, at Portland, OR. The                arrange their transits to minimize any
                                                For the reasons stated above, the                      deviation is necessary to support the                 impact caused by the temporary
                                              Commission amends 16 CFR chapter II                      Shamrock Run event. This deviation                    deviation.
                                              as follows:                                              allows the lower span of the Steel                       In accordance with 33 CFR 117.35(e),
                                                                                                       Bridge to remain in the closed-to-                    the drawbridge must return to its regular
                                              PART 1217—SAFETY STANDARD FOR                            navigation position to allow for the safe
                                              TODDLER BEDS                                                                                                   operating schedule immediately at the
                                                                                                       passage of participates in the Shamrock               end of the designated time period. This
                                                                                                       Run event across the bridge.                          deviation from the operating regulations
                                              ■ 1. The authority citation for part 1217
                                              continues to read as follows:                            DATES: This deviation is effective from               is authorized under 33 CFR 117.35.
                                                                                                       10:15 a.m. to 11:15 a.m. on March 19,
                                                Authority: Sec. 104, Pub. L. 110–314, 122                                                                      Dated: February 13, 2017.
                                                                                                       2017.
                                              Stat. 3016 (August 14, 2008); Sec. 3, Pub. L.                                                                  Steven M. Fischer,
                                              112–28, 125 Stat. 273 (August 12, 2011).                 ADDRESSES: The docket for this
                                                                                                                                                             Bridge Administrator, Thirteenth Coast Guard
                                                                                                       deviation, USCG–2017–0098, is
                                              ■   2. Revise § 1217.2 to read as follows:                                                                     District.
                                                                                                       available at http://www.regulations.gov.
                                                                                                                                                             [FR Doc. 2017–03406 Filed 2–21–17; 8:45 am]
                                              § 1217.2   Requirements for toddler beds.                Type the docket number in the
                                                                                                                                                             BILLING CODE 9110–04–P
                                                 Each toddler bed shall comply with                    ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                              all applicable provisions of ASTM                        Click on Open Docket Folder on the line
                                              F1821–16, Standard Consumer Safety                       associated with this deviation.
                                                                                                       FOR FURTHER INFORMATION CONTACT: If                   ENVIRONMENTAL PROTECTION
                                              Specification for Toddler Beds,
                                                                                                       you have questions on this temporary                  AGENCY
                                              approved October 1, 2016. The Director
                                              of the Federal Register approves the                     deviation, call or email Mr. Steven
                                                                                                                                                             40 CFR Part 300
                                              incorporation by reference listed in this                Fischer, Bridge Administrator,
                                              section in accordance with 5 U.S.C.                      Thirteenth Coast Guard District;                      [EPA–HQ–SFUND–1989–0008; FRL–9959–
                                              552(a) and 1 CFR part 51. You may                        telephone 206–220–7282, email d13-pf-                 52–Region 3]
                                              obtain a copy of this ASTM standard                      d13bridges@uscg.mil.
                                                                                                                                                             National Oil and Hazardous
                                              from ASTM International, 100 Barr                        SUPPLEMENTARY INFORMATION: Union
                                                                                                                                                             Substances Pollution Contingency
                                              Harbor Drive, PO Box C700, West                          Pacific Railroad Company (UPRR) has
                                                                                                                                                             Plan; National Priorities List: Partial
                                              Conshohocken, PA 19428–2959 USA;                         requested a temporary deviation from
                                                                                                                                                             Deletion of the North Penn Area 6
                                              phone: 610–832–9585; http://                             the operating schedule for the Steel
                                                                                                                                                             Superfund Site
                                              www.astm.org/. You may inspect a copy                    Bridge across the Willamette River, at
                                              at the Office of the Secretary, U.S.                     mile 12.1, at Portland, OR. The                       AGENCY: Environmental Protection
                                              Consumer Product Safety Commission,                      deviation is necessary to accommodate                 Agency (EPA).
                                              Room 820, 4330 East West Highway,                        participates in the Shamrock Run event.               ACTION: Withdrawal of direct final rule.
                                              Bethesda, MD 20814, telephone 301–                       The Steel Bridge is a double-deck lift
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                                              504–7923, or at the National Archives                    bridge with a lower lift deck and an                  SUMMARY:   On December 23, 2016, the
                                              and Records Administration (NARA).                       upper lift deck which operate                         Environmental Protection Agency (EPA)
                                              For information on the availability of                   independent of each other. To facilitate              published a Notice of Intent for Partial
                                              this material at NARA, call 202–741–                     this event, the lower deck will remain                Deletion (81 FR 94295) and a direct final
                                              6030, or go to: http://www.archives.gov/                 in closed-to-navigation position. When                Notice of Partial Deletion (81 FR 94262)
                                              federal_register/code_of_                                the lower is in the closed-to-navigation              for the North Penn Area 6 Superfund
                                              federalregulations/ibr_locations.html.                   position, the bridge provides 26 feet of              Site located in Lansdale Borough,


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Document Created: 2017-02-22 00:08:29
Document Modified: 2017-02-22 00:08:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThe rule is effective on June 6, 2017, unless we receive significant adverse comment by March 24, 2017. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of June 6, 2017.
ContactDaniel E. Dunlap, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone: 301-504-7733; email: [email protected]
FR Citation82 FR 11317 
CFR AssociatedConsumer Protection; Imports; Incorporation by Reference; Infants and Children; Law Enforcement; Safety and Toys

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