Federal Register - May 17, 2021

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Fuente: Federal Register

Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations the Federal eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier Submissions: Submit comments by mail/hand delivery/courier to: Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814; telephone 301 5047479.
Alternatively, as a temporary option during the COVID19 pandemic, you can email such submissions to: cpsc-os@
cpsc.gov.
Instructions: All submissions received must include the agency name and docket number for this notice. CPSC
may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https
www.regulations.gov. Do not submit electronically confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information please submit it according to the instructions for written submissions.
Docket: For access to the docket to read background documents or comments received, go to: https
www.regulations.gov, and insert the docket number, CPSC- 20150029, into the Search box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT:

Keysha Walker, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 208144408; telephone:
3015046820; email: kwalker@
cpsc.gov.
SUPPLEMENTARY INFORMATION:

A. Background
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1. Statutory Authority Section 104b1B 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 these standards 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 CPSCs durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed. Section
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104b4B 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 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 CPSA 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. ASTM Standard for Childrens Chairs and Stools On December 15, 2017, the Commission published a final rule issuing a mandatory standard for childrens folding chairs and stools that incorporated by reference the voluntary standard in effect at that time, ASTM
F261317a, Standard Consumer Specification for Childrens Chairs and Stools. 82 FR 59505. The ASTM
standard for childrens folding chairs and stools, ASTM F2613, Standard Consumer Safety Specification for Childrens Chairs and Stools, applies to childrens folding chairs and stools with a seat height of 15 inches or less, and equipped with or without a rocking base. These chairs are intended to be used by a single child who can get in and out of the product unassisted. The standard was codified in the Commissions regulations at 16 CFR part 1232. Since publication of ASTM
F261317a, the original mandatory standard, ASTM has published two revisions to ASTM F2613. ASTM
F261319 was approved and published in November 2019. On April 1, 2020, the Commission issued a direct final rule updating the incorporation by reference to ASTM F261319 as the mandatory standard. 85 FR 18111. In February 2021, ASTM approved and published ASTM F261321. ASTM
officially notified the Commission of this revision on February 22, 2021. The rule is incorporating by reference ASTM
F261321 as the mandatory standard.
B. Revisions to the ASTM Standard Under section 104b4B of the CPSIA, unless the Commission determines that ASTMs revision of a
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voluntary standard that is a CPSC
mandatory standard does not improve the safety of the consumer product covered by the standard, the revised voluntary standard becomes the new mandatory standard. As discussed below, the Commission determines that the changes made in ASTM F261321
are neutral or improve the safety of childrens folding chairs and stools.
Therefore, the Commission will allow the revised voluntary standard ASTM
F261321 to become effective as a mandatory consumer product safety standard under the statute, effective August 21, 2021.
Differences Between 16 CFR Part 1232
and ASTM F261321
In February 2021, ASTM revised ASTM F261319. The resulting standard, ASTM F261321, includes the following changes:
Substantive Change ASTM F261321 makes one substantive change to the standard by updating the definition of stools in the standard to include ottomans. The Commission finds the substantive change made in ASTM F261321 to be an improvement to safety as it clarifies the standards scope to include ottomans, a product previously not clearly subject to the mandatory standard.
Non-Substantive Changes Other changes to the standard were minor or editorial in nature as described below.
Clarification that infant/toddler rockers are not included within the scope of the standard, because infant/
toddler rockers are subject to a different voluntary standard, ASTM F308420, Standard Consumer Safety Specification for Infant and Infant/
Toddler Rockers.
Removal of a previous version of a locking test method that is no longer referenced in ASTM F261321. The ASTM F261321 standard contains the current latching and locking test method that is similar to a previous version of a locking test method. Although removal of the previous version of the test method was included on an ASTM
ballot, when ASTM published F2613
19, the previous locking test method was inadvertently retained in the test method section of the standard. There are no performance requirements associated with the previous locking testing method and the test method is not currently being used for testing products to the standard. Therefore, ASTM F261321 removed this unused test method.

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Federal Register - May 17, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha17/05/2021

Nro. de páginas199

Nro. de ediciones7801

Primera edición14/03/1936

Ultima edición24/06/2026

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