Federal Register - May 17, 2021
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Source: Federal Register
26658
Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations
PART 1112REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. The authority citation for part 1112
continues to read as follows:
Authority: 15 U.S.C. 2063; Pub. L. 110
314, section 3, 122 Stat. 3016, 3017 2008.
2. Amend 1112.15 by revising paragraph b43 to read as follows:
1112.15 When can a third party conformity assessment body apply for CPSC acceptance for a particular CPSC rule or test method?
b
43 16 CFR part 1232, Safety Standard for Childrens Folding Chairs and Childrens Folding Stools.
PART 1130REQUIREMENTS FOR
CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER
PRODUCTS
Alberta E. Mills, Secretary, U.S. Consumer Product Safety Commission.
FR Doc. 202110293 Filed 51421; 8:45 am
3. The authority citation for part 1130
continues to read as follows:
Authority: 15 U.S.C. 2056a, 2065b.
29 CFR Part 2204
Definitions.
a
13 Childrens folding chairs and childrens folding stools;
5. Revise part 1232 to read as follows:
PART 1232SAFETY STANDARD FOR
CHILDRENS FOLDING CHAIRS AND
CHILDRENS FOLDING STOOLS
Sec.
1232.1 Scope.
1232.2 Requirements for childrens folding chairs and childrens folding stools.
Authority: Sec. 104, Pub. L. 110314, 122
Stat. 3016 15 U.S.C. 2056a; Sec 3, Pub. L.
11228, 125 Stat. 273.
1232.1
Scope.
This part establishes a consumer product safety standard for childrens folding chairs and childrens folding stools.
khammond on DSKJM1Z7X2PROD with RULES9
1232.2 Requirements for childrens folding chairs and childrens folding stools.
Each childrens folding chair and childrens folding stool shall comply with all applicable provisions of ASTM
F261321, Standard Consumer Safety Specification for Childrens Chairs and Stools, approved on February 1, 2021.
The Director of the Federal Register approves this incorporation by reference
VerDate Sep<11>2014
21:39 May 14, 2021
BILLING CODE 635501P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
4. Amend 1130.2 by revising paragraph a13 to read as follows:
1130.2
in accordance with 5 U.S.C. 552a and 1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
194282959 USA; phone: 610832
9585; www.astm.org. A read-only copy of the standard is available for viewing on the ASTM website at https
www.astm.org/READINGLIBRARY/. 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 3015047479, email:
cpsc-os@cpsc.gov, or at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
Jkt 253001
Rules Implementing the Equal Access to Justice Act Occupational Safety and Health Review Commission.
ACTION: Final rule.
AGENCY:
The Occupational Safety and Health Review Commission OSHRC
is amending its procedural rules implementing the Equal Access to Justice Act EAJA. The amendments closely conform with new model rules from the Administrative Conference of the United States.
DATES: Effective May 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Carter Tellinghuisen, Attorney-Advisor, Office of the General Counsel, by telephone at 202 6065410 ext. 211, by email at ctellinghuisen@oshrc.gov, or by mail at 1120 20th Street NW, Ninth Floor, Washington, DC 200363457.
SUPPLEMENTARY INFORMATION: OSHRC
published a notice of proposed rulemaking on March 8, 2021, 86 FR
13251, which announced revisions to the Commissions rules of procedure implementing EAJA, 29 CFR part 2204, and invited interested persons to submit written comments. OSHRC received no public comments. Accordingly, the Commission now adopts the proposed rule as the agencys final rule, with one SUMMARY:
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technical amendment to correct a typographical error in 2204.301c.
I. Revisions to Part 2204
EAJA directs Federal agencies to consult with the Administrative Conference of the United States ACUS to develop procedural rules to implement the provisions of the statute. 5 U.S.C. 504c1. On August 8, 2019, ACUS published Revised Model Rules for Implementation of the Equal Access to Justice Act to reflect subsequent amendments to the law and practice, and to promote greater accuracy and clarity. 84 FR 38934
August 8, 2019. The Commission is amending its procedural rules in line with the amendments made by ACUS to the model rules.
ACUS summarized and explained its amendments in the preamble to the amended model rules and in Administrative Conference Recommendation 20194. 84 FR 38934, 38934 August 8, 2019; 84 FR 38927, 38933 August 8, 2019. To the extent applicable, the Commission relies upon the rationale ACUS provided in those documents as the basis for the amendments to the Commissions rules.
In addition, the Commission has determined that an adjustment for increases in the cost of living is appropriate in considering an applicants request for attorney or agent fees. Accordingly, pursuant to 5 U.S.C.
504b1A, the Commission revises 2204.303 and 2204.406c2 to allow an applicant to request, with supporting documentation, an increase in hourly fees to account for inflation as measured by the consumer price index in the relevant locality.
II. Statutory and Executive Order Reviews Executive Orders 12866 and 13132, and the Unfunded Mandates Reform Act of 1995: The Review Commission is an independent regulatory agency and, as such, is not subject to the requirements of E.O. 12866, E.O. 13132, or the Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq.
Regulatory Flexibility Act: Pursuant to 5 U.S.C. 605a, a regulatory flexibility analysis is not required because these rules concern interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice under 5 U.S.C. 553b.
Paperwork Reduction Act of 1995:
The Review Commission has determined that the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., does not apply because these rules do not contain any information collection requirements that require the approval
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