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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
comments. See 60 FR 43108 Aug. 18, 1995. ACUS recommends 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 CPSC does not expect any significant adverse comments.
Unless CPSC receives a significant adverse comment within 30 days of this notification, the rule will become effective on January 2, 2022. 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. 60 FR
43108, 43111. As noted, this rule merely updates a reference in the CFR to reflect a change that occurs by statute.
If the Commission receives a significant adverse comment, the Commission will withdraw this direct final rule. Depending on the comment 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.
VII. Regulatory Flexibility Act The Regulatory Flexibility Act RFA;
5 U.S.C. 601612 generally requires agencies to 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, 604.
The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As discussed in section VI.
Direct Final Rule Process of this preamble, the Commission has determined that notice and the opportunity to comment are unnecessary for this rule. Therefore, the RFA does not apply. The Commission also notes 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.
VIII. Paperwork Reduction Act The current mandatory standard for gates and enclosures includes requirements for marking, labeling, and instructional literature that constitute a collection of information, as defined in the Paperwork Reduction Act PRA;

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44 U.S.C. 35013521. The revised mandatory standard for gates and enclosures does not alter these requirements. The Commission took the steps required by the PRA for information collections when it adopted 16 CFR part 1239, including obtaining approval and a control number. Because the information collection is unchanged, the revision does not affect the information collection requirements or approval related to the standard.
IX. 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 1021.5c2. This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required.
X. Preemption Section 26a of the CPSA 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. 15
U.S.C. 2075a. Section 26c of the CPSA also provides that states or political subdivisions of states may apply to CPSC for an exemption from this preemption under certain circumstances. Section 104b of the CPSIA deems rules issued under that provision 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.
XI. Effective Date Under the procedure set forth in section 104b4B of the CPSIA, when a voluntary standards organization revises a standard that the Commission adopted as a mandatory standard, 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. 15 U.S.C.
2056ab4B. The Commission is taking neither of those actions with respect to the revised standard for gates and enclosures. Therefore, ASTM

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F100421 automatically will take effect as the new mandatory standard for gates and enclosures on January 2, 2022, 180
days after the Commission received notice of the revision on July 6, 2021.
As a direct final rule, unless the Commission receives a significant adverse comment within 30 days of this notification, the rule will become effective on January 2, 2022.
XII. 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 CRA
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, CPSC will submit the required information to each House of Congress and the Comptroller General.
List of Subjects in 16 CFR Part 1239
Consumer protection, Imports, Incorporation by reference, Infants and children, Labeling, Law enforcement, Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1239SAFETY STANDARD FOR
GATES AND ENCLOSURES
1. Revise the authority citation for part 1239 to read as follows:

Authority: 15 U.S.C. 2056a.

2. Revise 1239.2 to read as follows:

1239.2 Requirements for gates and enclosures.

Each gate and enclosure shall comply with all applicable provisions of ASTM
F100421, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures, approved on May 15, 2021. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552a and 1
CFR part 51. You may obtain a copy from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 194282959; phone:
610 8329585; www.astm.org. A readonly copy of the standard is available for viewing on the ASTM website at https www.astm.org/
READINGLIBRARY/. You may inspect a
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