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53535

Rules and Regulations
Federal Register Vol. 86, No. 185
Tuesday, September 28, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1239
Docket No. CPSC20190014

Safety Standard for Gates and Enclosures Consumer Product Safety Commission.
ACTION: Direct final rule.
AGENCY:

In July 2020, the U.S.
Consumer Product Safety Commission CPSC or Commission published a consumer product safety standard for gates and enclosures under section 104
of the Consumer Product Safety Improvement Act of 2008 CPSIA. The Commissions mandatory standard incorporated by reference the American Society for Testing and Materials ASTM voluntary standard that was in effect for gates and enclosures at the time, with modifications to make the standard more stringent, to further reduce the risk of injury associated with gates and enclosures. The CPSIA sets forth a process for updating mandatory standards for durable infant or toddler products that are based on a voluntary standard, when a voluntary standards organization revises the standard. In June 2021, ASTM published a revised voluntary standard for gates and enclosures, and it notified the Commission of this revised standard in July 2021. This direct final rule updates the mandatory standard for gates and enclosures to incorporate by reference ASTMs 2021 version of the voluntary standard for gates and enclosures.
DATES: The rule is effective on January 2, 2022, unless the Commission receives a significant adverse comment by October 28, 2021. If the Commission receives such a comment, it will publish a document in the Federal Register withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of SUMMARY:

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the Federal Register as of January 2, 2022.

I. Background
A. Statutory Authority ADDRESSES: You can submit comments, Section 104b1 of the CPSIA
identified by Docket No. CPSC2019
requires the Commission to assess the 0014, by any of the following methods:
effectiveness of voluntary standards for durable infant or toddler products and Electronic Submissions: Submit adopt mandatory standards for these electronic comments to the Federal products. 15 U.S.C. 2056ab1. The eRulemaking Portal at: https
mandatory standard must be www.regulations.gov. Follow the substantially the same as the instructions for submitting comments.
voluntary standard, or it may be more CPSC typically does not accept stringent than the voluntary standard, comments submitted by electronic mail if the Commission determines that more email, except through https
stringent requirements would further www.regulations.gov. CPSC encourages reduce the risk of injury associated with you to submit electronic comments by the product. Id.
using the Federal eRulemaking Portal, Section 104b4B of the CPSIA
as described above.
specifies the process for when a voluntary standards organization revises Mail/Hand Delivery/Courier Written a standard that the Commission Submissions: Submit comments by incorporated by reference under section mail/hand delivery/courier to: Division 104b1. First, the voluntary standards of the Secretariat, Consumer Product organization must notify the Safety Commission, 4330 East-West Commission of the revision. Once the Highway, Bethesda, MD 20814;
Commission receives this notification, telephone: 301 5047479.
the Commission may reject or accept the Alternatively, as a temporary option revised standard. The Commission may during the COVID19 pandemic, you can email such submissions to: cpsc-os@ reject the revised standard by notifying the voluntary standards organization cpsc.gov.
that it has determined that the revised Instructions: All submissions must standard does not improve the safety of include the agency name and docket the consumer product and that it is number for this document. CPSC may retaining the existing standard. When post all comments without change, rejecting a revision, the Commission including any personal identifiers, must notify the voluntary standards contact information, or other personal organization of this determination information provided, to: https
within 90 days of receiving notice of the www.regulations.gov. Do not submit revision. If the Commission does not electronically: Confidential business take this action to reject the revised information, trade secret information, or standard, the revised voluntary standard other sensitive or protected information will be considered a consumer product that you do not want to be available to safety standard issued under section 9
the public. If you wish to submit such of the Consumer Product Safety Act 15
information, please submit it according U.S.C. 2058, effective 180 days after the Commission received notification of the to the instructions for mail/hand revision or a later date specified by the delivery/courier written submissions.
Commission in the Federal Register. 15
Docket: For access to the docket to U.S.C. 2056ab4B.
read background documents or comments received, go to: https
B. Safety Standard for Gates and www.regulations.gov, and insert the Enclosures docket number, CPSC20190014, into On July 6, 2020, under section 104 of the Search box, and follow the the CPSIA, the Commission published a prompts.
final rule that incorporated by reference ASTM F100419, Standard Consumer FOR FURTHER INFORMATION CONTACT:
Safety Specification for Expansion Justin Jirgl, Compliance Officer, U.S.
Gates and Expandable Enclosures, as Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD the mandatory standard for gates and enclosures, with modifications to the 20814; telephone 301 5047814; email:
standard to further reduce the risk of jjirgl@cpsc.gov.
injury. 85 FR 40100. Modifications in the final rule included the following SUPPLEMENTARY INFORMATION:

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