Voglio sapere a riguardo di…

26656

Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations
The Commission finds that all of the non-substantive changes in ASTM
F261321 are editorial in nature, and therefore, neutral regarding safety, and thus do not affect the safety of childrens folding chairs and stools.

khammond on DSKJM1Z7X2PROD with RULES9

C. Revisions to Parts 1112, 1130, and 1232
CPSC has received an inquiry from a testing laboratory regarding whether 16
CFR part 1232 was intended to apply to non-folding stools, because the title of the Part did not specifically state it applied to folding chairs and folding stools. Previous discussions in the preambles of the NPR 80 FR 63155, October 19, 2015 and the final rule 82
FR 59505, December 15, 2017 for the folding chairs and stools standard clearly indicate that folding stools fell within the scope of the mandatory standard. To avoid any misinterpretation regarding the scope of the standard, the Commission is amending the title of the rule to read Safety standard for childrens folding chairs and childrens folding stools and the title of the requirements in section 1232.2 to read Requirements for childrens folding chairs and childrens folding stools to remove any ambiguity regarding whether the standard to applies to childrens folding stools versus non-folding stools. The rule also amends section 1232.1
regarding scope to state it establishes a standard for childrens folding chairs and childrens folding stools. For consistency, the rule makes the corresponding amendment to the notice of requirements listed in section 1112.15b43 of 16 CFR part 1112 to read 16 CFR part 1232, Safety Standard for Childrens Folding Chairs and Childrens Folding Stools. The rule also makes the corresponding amendment to the definition in section 1130.2a13 of 16 CFR part 1130 to read Childrens folding chairs and childrens folding stools.
D. Incorporation by Reference Section 1232.2 of the direct final rule incorporates by reference ASTM F2613
21. 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 51.5b.
In accordance with the OFRs requirements, section A of this preamble
VerDate Sep<11>2014

21:39 May 14, 2021

Jkt 253001

summarizes the major provisions of the ASTM F261321 standard that the Commission incorporates by reference into 16 CFR part 1232. The standard is reasonably available to interested parties, and interested parties can purchase a copy of ASTM F261321
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 194282959 USA;
phone: 6108329585; www.astm.org.
Additionally, until the direct final rule takes effect, a read-only copy of ASTM
F261321 is available for viewing on ASTMs website at: https www.astm.
org/CPSC.htm. Once the rule takes effect, a read-only copy of the standard will be available for viewing on the ASTM website at: https www.astm.
org/READINGLIBRARY/. Interested parties can also schedule an appointment to inspect a copy of the standard at CPSCs Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814, telephone: 3015047479; email:
cpsc-os@cpsc.gov.
E. Certification Section 14a 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. 2063a. Such certification must be based on a test of each product, or on a reasonable testing program, or, for childrens 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, standards issued under section 104b1B 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 childrens folding chairs and stools are childrens 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 tracking label requirement in section 14a5 of the CPSA, and the consumer registration form requirements in section 104d of the CPSIA.
F. Notice of Requirements In accordance with section 14a3Bvi of the CPSIA, the
PO 00000

Frm 00008

Fmt 4700

Sfmt 4700

Commission has previously published a notice of requirements NOR for accreditation of third party conformity assessment bodies for testing childrens folding chairs and stools 82 FR 59505, December 15, 2017. The NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing childrens folding chairs and stools to 16 CFR part 1232. The NORs for all mandatory standards for durable infant or toddler products are listed in the Commissions rule, Requirements Pertaining to Third Party Conformity Assessment Bodies, codified at 16 CFR
part 1112.
None of the changes to ASTM F2613
21 would impact a CPSC accepted laboratorys competence to be able to conduct testing to the revised standard.
Therefore, the Commission considers the existing CPSC-accepted laboratories for testing to ASTM F261319 to be competent to conduct testing to ASTM
F261321 as well. Accordingly, the existing NOR for this standard will remain in place, and CPSC-accepted third party conformity assessment bodies are expected in the normal course of renewing their accreditation to update the scope of the testing laboratories accreditation to reflect the revised standard.
G. 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. 553bB. The Commission concludes that when the Commission updates a reference to an ASTM standard that the Commission has incorporated by reference under section 104b of the CPSIA, notice and comment are not necessary.
Under the process set out in section 104b4B 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 104b1b of the CPSIA, that revision will become the new CPSC
standard, unless the Commission determines that ASTMs revision does not improve the safety of the product.
Thus, unless the Commission makes such a determination, the ASTM
revision becomes CPSCs standard by operation of law. The Commission is allowing ASTM F261321 to become CPSCs new standard. The purpose of
U:17MYR1.SGM

17MYR1