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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations this direct final rule is merely to update the reference in the Code of Federal Regulations CFR so that it reflects accurately the version of the standard that takes effect by statute. The rule updates the reference in the CFR, but under the CPSIA, ASTM F261321 takes effect as the new CPSC standard for childrens folding chairs and childrens folding stools, even if the Commission did not issue this rule. Additionally, the title and text of Part 1232 is revised to clarify the scope of the standard regarding childrens folding stools, with corresponding revisions to the references in Parts 1112 and 1130 for consistency. Thus, 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 104b of the CPSIA. Under these circumstances, notice and comment are not necessary.
In Recommendation 954, the Administrative Conference of the United States ACUS endorsed direct final rulemaking as an appropriate procedure to expedite promulgating 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. 553bB.
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 August 21, 2021. In accordance with ACUSs 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 rules underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. As noted, this rule merely updates a reference in the CFR to reflect a change that occurs by statute and corresponding changes to Part 1232 and two other parts for consistency and clarity.
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.

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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, the Commission has determined that notice and comment are not necessary for this direct final rule. Thus, the RFA does not apply. We also note the limited nature of this document, which merely 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 standard for childrens folding chairs and stools contains informationcollection requirements under the Paperwork Reduction Act of 1995 44
U.S.C. 35013520. The revisions to the standard made no changes to that section of the standard. Thus, the revisions will have no effect on the information-collection requirements related to the standard.
J. Environmental Considerations The Commissions regulations provide a categorical exclusion for the Commissions rules from any requirement to prepare an environmental assessment or an environmental impact statement where they have little or no potential for affecting the human environment. 16
CFR 1021.5c. This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required.
K. Preemption Section 26a of the CPSA, 15 U.S.C.
2075a, provides that where a consumer product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the federal standard. Section 26c of the CPSA also provides that states or political subdivisions of states may apply to the CPSC for an exemption from this preemption under certain circumstances. Section 104b of the CPSIA deems rules issued under that provision to be consumer product safety standards. Therefore, once a rule issued under section 104 of the CPSIA
takes effect, it will preempt in accordance with section 26a of the CPSA.

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L. Effective Date Under the procedure set forth in section 104b4B of the CPSIA, when a voluntary standard organization revises a standard upon which a consumer product safety standard 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 is taking neither of those actions with respect to the standard for childrens folding chairs and stools.
Therefore, ASTM F261321 will automatically take effect as the new mandatory standard for childrens folding chairs and stools on August 21, 2021, which is 180 days after the Commission received notice of the revision on February 22, 2021.
M. The Congressional Review Act The Congressional Review Act CRA;
5 U.S.C. 801808 states that, before a rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801a1. The submission must indicate whether the rule is a major rule. The CRA states that the Office of Information and Regulatory Affairs OIRA determines whether a rule qualifies as a major rule. Pursuant to the CRA, this rule does not qualify as a major rule, as defined in 5 U.S.C. 8042. To comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General.
List of Subjects 16 CFR Part 1112
Consumer protection, Incorporation by reference, Third party conformity assessment body requirements, Audit.
16 CFR Part 1130
Administrative practice and procedure, Business and industry, Consumer protection, Reporting and recordkeeping requirements.
16 CFR Part 1232
Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys.
For the reasons stated in the preamble, the Commission amends title 16 CFR chapter II as follows:

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