83 FR 48216 - Revisions to Safety Standard for Portable Hook-On Chairs
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 83, Issue 185 (September 24, 2018)
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48216-48219 | |
| FR Document | 2018-20673 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Rules and Regulations] [Pages 48216-48219] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20673] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC-2015-0016] 16 CFR Part 1233 Revisions to Safety Standard for Portable Hook-On Chairs AGENCY: Consumer Product Safety Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: In March 2016, the U.S. Consumer Product Safety Commission (CPSC) published a consumer product safety standard for portable hook- on chairs based on the ASTM voluntary standard for portable hook-on chairs. ASTM has since published a revised voluntary standard for portable hook-on chairs. We are publishing this direct final rule, revising the CPSC's mandatory standard for portable hook-on chairs to incorporate by reference the more recent version of the applicable ASTM standard. DATES: The rule is effective on January 15, 2019, unless we receive significant adverse comment by October 24, 2018. 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 January 15, 2019. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015- 0016, 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 as follows: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions), preferably in five copies, to: Division of the Secretariat, 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: Keysha Walker, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-504-6820; email: kwalker@cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background 1. 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. 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. Section 104(b)(4)(B) of the CPSIA provides that if an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this subsection, it shall notify the Commission. In addition, the revised [[Page 48217]] voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard. 2. The CPSC's Portable Hook-On Chairs Standard Pursuant to section 104(b)(1) and section 104(c) of the CPSIA, on March 28, 2016, the Commission published a mandatory consumer product safety standard that incorporated by reference ASTM F1235-15, Standard Consumer Safety Specification for Portable Hook-On Chairs. (81 FR 17062, Mar. 28, 2016). 3. Notification of Recent Revision On July 19, 2018, ASTM officially notified the CPSC that it has published ASTM F1235-18, Standard Consumer Safety Performance Specification for Hook-On Chairs, a revised 2018 version approved on May 1, 2018. ASTM F1235-18 is the first revision to ASTM F1235 since publication of ASTM F1235-15. The ASTM F1235-18 standard contains performance requirements as described below:Requirements for wood parts; Requirements for latching and locking mechanisms; Requirements to prevent scissoring, shearing, and pinching (including during detachment from table support surface); Requirements for covering exposed coil springs; Size requirements for openings; Warning labeling requirements; Requirements for protective components; and Marking, labeling, and instructional literature requirements. As discussed below, the Commission has reviewed the differences between the CPSC standard, 16 CFR part 1233, and ASTM F1235-18. B. Revision to the ASTM Standard ASTM F1235-18 contains one safety-related revision underlined below: 6.7.1.1 The passive crotch restraint shall be installed on the product at the time of shipment in a manner such that it cannot be removed without the use of a tool. The ASTM subcommittee made this change to address products with fabric passive crotch restraints that are not permanently attached. The ASTM standard defines a ``passive crotch restraint'' as a ``component that separates the openings for the legs of the occupant into two separate bounded openings and requires no action on the part of the caregiver to use.'' The ASTM subcommittee was concerned that a passive crotch restraint that could be removed without tools could easily disengage. Therefore, the subcommittee considered the use of a tool in order to remove a passive crotch restraint to be an appropriate requirement for such a restraint in order to prevent accidental disengagement. We conclude that this change reduces the likelihood that the passive crotch restraint will be removed, thereby improving the safety of portable hook-on chairs. ASTM also added language, which it intends to add to all of its voluntary standards, stating that ASTM developed the standard in accordance with principles recognized by the World Trade Organization. Adding this text does not affect the safety of portable hook-on chairs. ASTM F1235-18 also includes several non-substantive changes that do not affect safety, such as grammatical changes, \1\ spacing, and formatting. We determined that each change made in ASTM F1235-18 is either neutral or will improve the safety of the product, and collectively, these changes improve safety. --------------------------------------------------------------------------- \1\ e.g., ``manufacturers'' to ``manufacturer's.'' --------------------------------------------------------------------------- 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 A3 of this preamble summarizes the major provisions of the ASTM F1235-18 standard that the Commission incorporates by reference into 16 CFR part 1233. 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 Division of the Secretariat, 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 accepted 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 portable hook-on chairs 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 and 16 CFR part 1307, 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. 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 portable hook-on chairs (81 FR 17062 (Mar. 28, 2016)). The NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing portable hook-on chairs to 16 CFR part 1233 (which incorporated ASTM F1235-15). The NOR is listed in the Commission's rule, ``Requirements Pertaining to Third Party Conformity Assessment Bodies.'' 16 CFR part 1112. As discussed in section B of this document, the revision to 6.7.1.1, [[Page 48218]] concerning the passive crotch restraint, clarifies the existing standard and does not require a new test. The requirement that the passive crotch restraint be attached in a manner requiring tools to remove it can be assessed by visual inspection. Accordingly, there is no change in the way that third party conformity assessment bodies test these products for compliance with the portable hook-on chairs standard. Laboratories would begin testing to the new standard when ASTM F1235-18 goes into effect, and the existing accreditations that the Commission has accepted for testing to this standard previously would also cover testing to the revised standard. Therefore, 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 F1235-18 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 January 15, 2019. 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. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when 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. For the reasons explained below, the Commission is not setting a different effective date. The Juvenile Products Manufacturers Association (JPMA) typically allows 6 months for products in their certification program to shift to a new voluntary standard once that new voluntary standard is published. Therefore, juvenile product manufacturers are accustomed to adjusting to new voluntary standards within this time frame. ASTM F1235-18 has been approved since May 1, 2018, so by January 15, 2019, manufacturers should already be producing products that meet this standard. Finally, there is only one significant change to the voluntary standard, which the ASTM subcommittee considers a clarification, as further support that manufacturers should already be producing products that meet this standard. 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 January 15, 2019. H. 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. I. Paperwork Reduction Act The portable hook-on chairs 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, the revision will not have any effect on the information collection requirements related to the standard. 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 [[Page 48219]] 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. 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. List of Subjects in 16 CFR Part 1233 Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends title 16 CFR chapter II as follows: PART 1233--SAFETY STANDARD FOR PORTABLE HOOK-ON CHAIRS 0 1. The authority citation for part 1233 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. 1233.2 to read as follows: Sec. 1233.2 Requirements for portable hook-on chairs. Each portable hook-on chair must comply with all applicable provisions of ASTM F1235-18, Standard Consumer Safety Specification for Portable Hook-On Chairs, approved May 1, 2018. 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 Division of the Secretariat, 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html. Alberta E. Mills, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2018-20673 Filed 9-21-18; 8:45 am] BILLING CODE 6355-01-P
![48216 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
Office of Management and Budget 2012 (Addendum 1, October 2014, Submit electronic comments in the
(‘‘OMB’’) for each collection of Errata, March 2015). The Director of the following way:
information they conduct or sponsor. Federal Register approves this Federal eRulemaking Portal: http://
‘‘Collection of information’’ means incorporation by reference in www.regulations.gov. Follow the
agency requests or requirements that accordance with 5 U.S.C. 552(a) and 1 instructions for submitting comments.
members of the public submit reports, CFR part 51. You may obtain a copy To ensure timely processing of
keep records, or provide information to from API, 1220 L Street NW, comments, the Commission is no longer
a third party. 44 U.S.C. 3502(3); 5 CFR Washington, DC 20005; telephone: 202– accepting comments submitted by
1320.3(c). The amended Rule does not 682–8000; internet address: https:// electronic mail (email), except through
involve the ‘‘collection of information’’ www.api.org. You may inspect a copy at www.regulations.gov.
under the PRA and, therefore, OMB the FTC Library, 202–326–2395, Federal Submit written submissions as
approval is not required. Trade Commission, Room H–630, 600 follows:
Pennsylvania Avenue NW, Washington, Mail/Hand delivery/Courier (for
VI. Incorporation by Reference paper, disk, or CD–ROM submissions),
DC 20580. It is also available for
Consistent with 5 U.S.C. 552(a) and 1 inspection at the National Archives and preferably in five copies, to: Division of
CFR part 51, the Commission Records Administration (NARA). For the Secretariat, Consumer Product
incorporates the specifications of the information on the availability of this Safety Commission, Room 820, 4330
following document published by the material at NARA, call 202–741–6030 or East West Highway, Bethesda, MD
American Petroleum Institute: API 1509, go to www.archives.gov/federal-register/ 20814; telephone (301) 504–7923.
‘‘Engine Oil Licensing and Certification cfr/ibr-locations.html. Instructions: All submissions received
System,’’ Seventeenth Edition, must include the agency name and
September 2012 (Addendum 1, October By direction of the Commission. docket number for this notice. All
2014, Errata, March 2015). According to Donald S. Clark, comments received may be posted
API, this publication ‘‘describes the API Secretary. without change, including any personal
Engine Oil Licensing and Certification [FR Doc. 2018–20273 Filed 9–21–18; 8:45 am] identifiers, contact information, or other
System (EOLCS), a voluntary licensing BILLING CODE 6750–01–P personal information provided, to
and certification program designed to http://www.regulations.gov. Do not
define, certify, and monitor engine oil submit confidential business
performance deemed necessary for CONSUMER PRODUCT SAFETY information, trade secret information, or
satisfactory equipment life and COMMISSION other sensitive or protected information
performance by vehicle and engine electronically. Such information should
[Docket No. CPSC–2015–0016]
manufacturers.’’ API 1509 is reasonably be submitted in writing.
available to interested parties. Members 16 CFR Part 1233 FOR FURTHER INFORMATION CONTACT:
of the public can obtain copies of API Keysha Walker, Compliance Officer,
Publication 1509 from API, 1220 L Revisions to Safety Standard for U.S. Consumer Product Safety
Street NW, Washington, DC 20005; Portable Hook-On Chairs Commission, 4330 East-West Highway,
telephone: (202) 682–8000; internet Bethesda, MD 20814; telephone: 301–
address: https://www.api.org. AGENCY: Consumer Product Safety
Commission. 504–6820; email: kwalker@cpsc.gov.
These standards are also available for
SUPPLEMENTARY INFORMATION:
inspection at the FTC Library, (202) ACTION: Direct final rule.
326–2395, Federal Trade Commission, A. Background
SUMMARY: In March 2016, the U.S.
Room H–630, 600 Pennsylvania Avenue
Consumer Product Safety Commission 1. The Danny Keysar Child Product
NW, Washington, DC 20580.
(CPSC) published a consumer product Safety Notification Act
List of Subjects in 16 CFR Part 311 safety standard for portable hook-on Section 104(b)(1)(B) of the CPSIA,
Energy conservation, Incorporation by chairs based on the ASTM voluntary also known as the Danny Keysar Child
reference, Labeling, Recycled oil, Trade standard for portable hook-on chairs. Product Safety Notification Act, requires
practices. ASTM has since published a revised the Commission to promulgate
For the reason set forth in the voluntary standard for portable hook-on consumer product safety standards for
preamble, 16 CFR part 311 is amended chairs. We are publishing this direct durable infant or toddler products. The
as follows: final rule, revising the CPSC’s law requires that these standards are to
mandatory standard for portable hook- be ‘‘substantially the same as’’
PART 311—TEST PROCEDURES AND on chairs to incorporate by reference the applicable voluntary standards or more
LABELING STANDARDS FOR more recent version of the applicable stringent than the voluntary standards if
RECYCLED OIL ASTM standard. the Commission concludes that more
DATES: The rule is effective on January stringent requirements would further
■ 1. The authority citation for part 311 15, 2019, unless we receive significant reduce the risk of injury associated with
continues to read as follows: adverse comment by October 24, 2018. the product.
Authority: 42 U.S.C. 6363(d). If we receive timely significant adverse The CPSIA also sets forth a process
■ 2. Revise § 311.4 to read as follows: comments, we will publish notification for updating CPSC’s durable infant or
in the Federal Register, withdrawing toddler standards when the voluntary
§ 311.4 Testing. this direct final rule before its effective standard upon which the CPSC standard
To determine the substantial date. The incorporation by reference of was based is changed. Section
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equivalency of processed used oil with the publication listed in this rule is 104(b)(4)(B) of the CPSIA provides that
new oil for use as engine oil, approved by the Director of the Federal if an organization revises a standard that
manufacturers or their designees must Register as of January 15, 2019. has been adopted, in whole or in part,
use the test procedures in API 1509, ADDRESSES: You may submit comments, as a consumer product safety standard
Engine Oil Licensing and Certification identified by Docket No. CPSC–2015– under this subsection, it shall notify the
System, Seventeenth Edition, September 0016, by any of the following methods: Commission. In addition, the revised
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concerning the passive crotch restraint, standard under section 104(b) of the Therefore, juvenile product
clarifies the existing standard and does CPSIA. Under these circumstances, manufacturers are accustomed to
not require a new test. The requirement notice and comment is not necessary. In adjusting to new voluntary standards
that the passive crotch restraint be Recommendation 95–4, the within this time frame. ASTM F1235–18
attached in a manner requiring tools to Administrative Conference of the has been approved since May 1, 2018,
remove it can be assessed by visual United States (ACUS) endorsed direct so by January 15, 2019, manufacturers
inspection. Accordingly, there is no final rulemaking as an appropriate should already be producing products
change in the way that third party procedure to expedite promulgation of that meet this standard. Finally, there is
conformity assessment bodies test these rules that are noncontroversial and that only one significant change to the
products for compliance with the are not expected to generate significant voluntary standard, which the ASTM
portable hook-on chairs standard. adverse comment. See 60 FR 43108 subcommittee considers a clarification,
Laboratories would begin testing to the (August 18, 1995). ACUS recommended as further support that manufacturers
new standard when ASTM F1235–18 that agencies use the direct final rule should already be producing products
goes into effect, and the existing process when they act under the that meet this standard. Thus, in
accreditations that the Commission has ‘‘unnecessary’’ prong of the good cause accordance with this provision, this rule
accepted for testing to this standard exemption in 5 U.S.C. 553(b)(B). takes effect 180 days after we received
previously would also cover testing to Consistent with the ACUS notification from ASTM of revisions to
the revised standard. Therefore, the recommendation, the Commission is these standards. As discussed in the
existing NOR for this standard will publishing this rule as a direct final rule preceding section, this is a direct final
remain in place, and CPSC-accepted because we do not expect any rule. Unless we receive a significant
third party conformity assessment significant adverse comments. adverse comment within 30 days, the
bodies are expected to update the scope Unless we receive a significant rule will become effective on January
of the testing laboratories’ accreditation adverse comment within 30 days, the 15, 2019.
to reflect the revised standard in the rule will become effective on January
15, 2019. In accordance with ACUS’s H. Regulatory Flexibility Act
normal course of renewing their
accreditation. recommendation, the Commission The Regulatory Flexibility Act (RFA)
considers a significant adverse comment generally requires that agencies review
F. Direct Final Rule Process to be one where the commenter explains proposed and final rules for their
The Commission is issuing this rule why the rule would be inappropriate, potential economic impact on small
as a direct final rule. Although the including an assertion challenging the entities, including small businesses, and
Administrative Procedure Act (APA) rule’s underlying premise or approach, prepare regulatory flexibility analyses. 5
generally requires notice and comment or a claim that the rule would be U.S.C. 603 and 604. The RFA applies to
rulemaking, section 553 of the APA ineffective or unacceptable without any rule that is subject to notice and
provides an exception when the agency, change. comment procedures under section 553
for good cause, finds that notice and Should the Commission receive a of the APA. Id. As explained above, the
public procedure are ‘‘impracticable, significant adverse comment, the Commission has determined that notice
unnecessary, or contrary to the public Commission would withdraw this direct and comment is not necessary for this
interest.’’ 5 U.S.C. 553(b)(B). The final rule. Depending on the comments direct final rule. Thus, the RFA does not
Commission concludes that when the and other circumstances, the apply. We also note the limited nature
Commission updates a reference to an Commission may then incorporate the of this document, which updates the
ASTM standard that the Commission adverse comment into a subsequent incorporation by reference to reflect the
has incorporated by reference under direct final rule or publish a notice of mandatory CPSC standard that takes
section 104(b) of the CPSIA, notice and proposed rulemaking, providing an effect under section 104 of the CPSIA.
comment is not necessary. opportunity for public comment.
Under the process set out in section I. Paperwork Reduction Act
104(b)(4)(B) of the CPSIA, when ASTM G. Effective Date The portable hook-on chairs standard
revises a standard that the Commission Under the procedure set forth in contains information collection
has previously incorporated by section 104(b)(4)(B) of the CPSIA, when requirements under the Paperwork
reference as a Commission standard for a voluntary standard organization Reduction Act of 1995 (44 U.S.C. 3501–
a durable infant or toddler product revises a standard upon which a 3520). The revision made no changes to
under section 104(b)(1)(b) of the CPSIA, consumer product safety standard that section of the standard. Thus, the
that revision will become the new CPSC issued under the Danny Keysar Child revision will not have any effect on the
standard, unless the Commission Product Safety Notification Act was information collection requirements
determines that ASTM’s revision does based, the revision becomes the CPSC related to the standard.
not improve the safety of the product. standard within 180 days of notification
Thus, unless the Commission makes to the Commission, unless the J. Preemption
such a determination, the ASTM Commission determines that the Section 26(a) of the CPSA, 15 U.S.C.
revision becomes CPSC’s standard by revision does not improve the safety of 2075(a), provides that where a
operation of law. The Commission is the product, or the Commission sets a ‘‘consumer product safety standard
allowing ASTM F1235–18 to become later date in the Federal Register. For under [the Consumer Product Safety Act
CPSC’s new standard. The purpose of the reasons explained below, the (CPSA)]’’ is in effect and applies to a
this direct final rule is merely to update Commission is not setting a different product, no state or political
the reference in the Code of Federal subdivision of a state may either
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effective date.
Regulations so that it accurately reflects The Juvenile Products Manufacturers establish or continue in effect a
the version of the standard that takes Association (JPMA) typically allows 6 requirement dealing with the same risk
effect by statute. Public comment will months for products in their of injury, unless the state requirement is
not impact the substantive changes to certification program to shift to a new identical to the federal standard. Section
the standard or the effect of the revised voluntary standard once that new 26(c) of the CPSA also provides that
standard as a consumer product safety voluntary standard is published. states or political subdivisions of states
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![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations 48219
may apply to the Commission for an Room 820, 4330 East West Highway, DHS Department of Homeland Security
exemption from this preemption under Bethesda, MD 20814, telephone 301– FR Federal Register
certain circumstances. 504–7923, or at the National Archives NPRM Notice of proposed rulemaking
The Danny Keysar Child Product and Records Administration (NARA). § Section
Safety Notification Act (at section U.S.C. United States Code
For information on the availability of
104(b)(1)(B) of the CPSIA) refers to the this material at NARA, call 202–741– II. Background Information and
rules to be issued under that section as 6030, or go to: https:// Regulatory History
‘‘consumer product safety standards,’’ www.archives.gov/federal-register/cfr/
thus, implying that the preemptive The Coast Guard is issuing this
ibr-locations.html. temporary rule without prior notice and
effect of section 26(a) of the CPSA
would apply. Therefore, a rule issued Alberta E. Mills, opportunity to comment pursuant to
under section 104 of the CPSIA will Secretary, U.S. Consumer Product Safety authority under section 4(a) of the
invoke the preemptive effect of section Commission. Administrative Procedure Act (APA) (5
26(a) of the CPSA when it becomes [FR Doc. 2018–20673 Filed 9–21–18; 8:45 am] U.S.C. 553(b)). This provision
effective. BILLING CODE 6355–01–P
authorizes an agency to issue a rule
without prior notice and opportunity to
K. Environmental Considerations comment when the agency for good
The Commission’s regulations DEPARTMENT OF HOMELAND cause finds that those procedures are
provide a categorical exclusion for the SECURITY ‘‘impracticable, unnecessary, or contrary
Commission’s rules from any to the public interest.’’ Under 5 U.S.C.
requirement to prepare an Coast Guard 553(b)(B), the Coast Guard finds that
environmental assessment or an good cause exists for not publishing a
environmental impact statement 33 CFR Part 165 notice of proposed rulemaking (NPRM)
because they ‘‘have little or no potential with respect to this rule because it is
[Docket Number USCG–2018–0731] impracticable. The Coast Guard received
for affecting the human environment.’’
16 CFR 1021.5(c)(2). This rule falls RIN 1625–AA00 information regarding the size and
within the categorical exclusion, so no location of the safety zone with
environmental assessment or Safety Zone; Intracoastal Waterway, insufficient time to publish an NPRM
environmental impact statement is Biscayne Bay, Miami, FL and receive public comments. Because
required. AGENCY: Coast Guard, DHS. of the potential hazards associated with
the aerobatic demonstrations, the safety
List of Subjects in 16 CFR Part 1233 ACTION: Temporary final rule. zone is necessary to provide for the
Consumer protection, Imports, SUMMARY: The Coast Guard is safety of event participants and vessels
Incorporation by reference, Infants and establishing a temporary safety zone for transiting in proximity to the event area.
children, Law enforcement, Safety, certain navigable waters of Biscayne Bay For these reasons, it would be
Toys. east of Bayfront Park in connection with impracticable and contrary to the public
For the reasons stated above, the aerobatic helicopter demonstrations interest to publish an NPRM.
Commission amends title 16 CFR sponsored by Red Bull in Miami, Under 5 U.S.C. 553(d)(3), the Coast
chapter II as follows: Florida. The safety zone is needed to Guard finds that good cause exists for
protect persons, vessels, and the marine making this rule effective less than 30
PART 1233—SAFETY STANDARD FOR environment from potential hazards days after publication in the Federal
PORTABLE HOOK-ON CHAIRS associated with the aerial Register.
demonstrations over Biscayne Bay. Delaying the effective date of this rule
■ 1. The authority citation for part 1233 would be impracticable because
continues to read as follows: Entry of vessels or persons into this
zone is prohibited, unless specifically immediate action is needed to respond
Authority: Sec. 104, Pub. L. 110–314, 122 authorized by the Captain of the Port to potential safety hazards associated
Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. with the event.
112–28, 125 Stat. 273 (August 12, 2011).
Miami (COTP).
DATES: This rule is effective from 2:30 III. Legal Authority and Need for Rule
■ 2. Revise § 1233.2 to read as follows: p.m. October 20, 2018, through 4 p.m.
The Coast Guard is issuing this rule
§ 1233.2 Requirements for portable hook- October 21, 2018.
under authority in 33 U.S.C. 1231. The
on chairs. ADDRESSES: To view documents COTP has determined that potential
Each portable hook-on chair must mentioned in this preamble as being hazards associated with aerobatic
comply with all applicable provisions of available in the docket, go to http:// helicopter demonstrations will be a
ASTM F1235–18, Standard Consumer www.regulations.gov, type USCG–2018– safety concern for persons and vessels
Safety Specification for Portable Hook- 0731 in the ‘‘SEARCH’’ box and click traveling underneath the
On Chairs, approved May 1, 2018. The ‘‘SEARCH.’’ Click on Open Docket demonstrations. This rule is needed to
Director of the Federal Register Folder on the line associated with this protect persons, vessels, and the marine
approves the incorporation by reference rule. environment in the navigable waters
listed in this section in accordance with FOR FURTHER INFORMATION CONTACT: If contained within the safety zone during
5 U.S.C. 552(a) and 1 CFR part 51. You you have questions on this rule, call or aerial demonstrations.
may obtain a copy of this ASTM email Omar Beceiro, Sector Miami
standard from ASTM International, 100 Waterways Management Division, U.S. IV. Discussion of the Rule
daltland on DSKBBV9HB2PROD with RULES
Barr Harbor Drive, PO Box C700, West Coast Guard; telephone 305–535–4317, This rule establishes a safety zone for
Conshohocken, PA 19428–2959 USA; email omar.beceiro@uscg.mil. three, 30-minute periods commencing at
phone: 610–832–9585; http:// SUPPLEMENTARY INFORMATION: 2:30 p.m., 4 p.m., and 5:30 p.m. on
www.astm.org/. You may inspect a copy October 20, 2018, and for three, 30-
at the Division of the Secretariat, U.S. I. Table of Abbreviations minute periods commencing at 12:30
Consumer Product Safety Commission, CFR Code of Federal Regulations p.m., 2 p.m., and 3:30 p.m. on October
VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1](https://thefederalregister.org/doc/83_FR_48401/page/4.svg)
Document Created: 2018-09-22 00:33:31
Document Modified: 2018-09-22 00:33:31
| 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 | Direct final rule. | |
| Dates | The rule is effective on January 15, 2019, unless we receive significant adverse comment by October 24, 2018. 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 January 15, 2019. | |
| 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 | 83 FR 48216 | |
| CFR Associated | Consumer Protection; Imports; Incorporation by Reference; Infants and Children; Law Enforcement; Safety and Toys |
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