Voglio sapere a riguardo di…

53536

Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
additional requirements, depending on the design of a pressure-mounted gate, to further reduce the risk of injury associated with incorrectly installed pressure-mounted gates:
1 For pressure-mounted gates that include wall cups with the product to meet the 30-pound push-out force test in the standard, the gates must include a separate warning label in a conspicuous location on the top rail of the gate regarding correct installation using wall cups, or 2 For pressure-mounted gates that do not use wall cups to meet the 30pound push-out force test in the standard, the gates must use visual sidepressure indicators to provide consumers feedback as to whether the gate is correctly installed.
Id. The final rule is codified at 16 CFR
part 1239. The rule for gates and enclosures applies to barriers intended to be erected in an opening, such as a doorway, to prevent the passage of young children, but which can be removed by older persons who are able to operate the locking mechanism ASTM F1004 sec. 3.1.7 and selfsupporting barriers intended to completely surround an area or playspace within which a young child may be confined ASTM F1004 sec. 3.1.6.
On July 6, 2021, ASTM notified CPSC
that it had published a revised standard for gates and enclosures, ASTM F1004
21.1 The revised voluntary standard was approved on May 15, 2021, and published in June 2021. In accordance with the procedures set out in section 104b4B of the CPSIA, the Commission reviewed ASTM F100421
to determine whether the revised voluntary standard improves the safety of gates and enclosures and found that ASTM substantively revised the voluntary standard to harmonize with the requirements of the current mandatory standard for gates and enclosures. Based on CPSCs review of ASTM F100421,2 the Commission will allow the revised voluntary standard to become the mandatory standard for gates and enclosures without modification, because the revised performance requirements in ASTM
F100421 are identical to 16 CFR part 1 Until the standard becomes effective on January 2, 2022, a read-only copy of ASTMs standard is available at: https www.astm.org/CPSC.htm. After the effective date of the revised part 1239, ASTM
F100421 becomes the mandatory standard for gates and enclosures, and it will be available, to read only, at: https www.astm.org/
READINGLIBRARY/.
2 CPSC staffs briefing memorandum regarding ASTM F100421 is available at: https
www.cpsc.gov/s3fs-public/ASTMs-Revised-SafetyStandard-for-Gates-and-Enclosures.pdf?VersionId=
PDxzSc9QGGUVWWsdoLv1iAAl19Fd6P6Y.

VerDate Sep<11>2014

15:51 Sep 27, 2021

Jkt 253001

1239, and thus, the revisions are neutral when compared with 16 CFR part 1239.
Accordingly, by operation of law under section 104b4B of the CPSIA, ASTM F100421 will become the mandatory consumer product safety standard for gates and enclosures on January 2, 2022.3 15 U.S.C.
2056ab4B. This direct final rule updates 16 CFR part 1239 to incorporate by reference the revised voluntary standard, ASTM F100421, without modification.
II. Description of ASTM F100421
The ASTM standard for gates and enclosures includes performance requirements, test methods, and requirements for warning labels and instructional literature, to address hazards to infants and children associated with gates and enclosures.
This is the first revision ASTM has made to the voluntary standard since the Commission published the final rule for gates and enclosures in July 2020, based on ASTM F100419. The June 2021 revision to the voluntary standard, ASTM F100421, includes editorial and substantive provisions.
ASTM made minor and editorial changes throughout ASTM F100421
including the following examples:
Hyphenating multiple terms used as adjectives, such as single-action, pressure-mounted, partiallybounded, and hold-open, throughout;
Correcting the spelling of guage to gauge in section 3.1.16;
Adding conversions to Celsius in section 4.4;
Changing the capitalization of some terms, such as Small Torso Probe to small torso probe; and Changing unit expressions to bring the standard into accordance with ASTM Form and Style, such as adding a repeater unit when expressing a range e.g., 2 in. x 2 in. instead of 2 x 2
in..
These changes are neutral and do not affect the safety of gates and enclosures.
ASTM also made three substantive revisions to the voluntary standard in ASTM F100421 to harmonize with the current mandatory standard for gates and enclosures codified in 16 CFR part 3 The statute provides that if the Commission does not take action to reject a revised standard, the revised voluntary standard will be considered a consumer product safety standard issued under section 9 of the Consumer Product Safety Act 15
U.S.C. 2058, effective 180 days after the Commission received notification of the revision or a later date specified by the Commission in the Federal Register. 15 U.S.C. 2056ab4B. In this case, 180 days from the July 6, 2021 notice date is January 2, 2022.

PO 00000

Frm 00002

Fmt 4700

Sfmt 4700

1239. The revised voluntary standard adds the following requirements:
1 A visual side-pressure indicator for pressure-mounted gates that do not incorporate wall-cups.
To implement this change, ASTM:
a Added new definitions for sidepressure and visual side-pressure indicators, which are identical to those in 16 CFR 1239.2b2i and ii;
b Modified the directions for visual side-pressure indicators in the test method in 7.9.1.2 to be substantially identical to 16 CFR 1239.2b4i;
c Added a new section, 6.8, specifying requirements for visual sidepressure indicators. This section is substantially identical to the requirements in 16 CFR 1239.2b3i through vi;
d Added section 9.5 with instructional requirements for gates with visual side-pressure indicators, which is identical to the instructional requirements for gates in 16 CFR
1239.2b8i; and e Added section X.1.2.5.4 to provide a rationale for the inclusion of visual side-pressure indicators in the rationale section, which is identical to 16 CFR
1239.2b9i.
2 A wall-cup warning located on the top of the gate, by adding a new section 8.5.7, containing warning requirements for gates that use wall-cups or other mounting hardware to meet the requirements of the push-out test in section 6.3. Such gates must display the following warning, separate from all other warnings, and located along the top rail of the gate:
You MUST install wall-cups to keep gate in place. Without wall-cups, child can push out and escape.

This requirement is identical to the provisions in 16 CFR 1239.2b7i through iv;
3 Harmonization of the definition of conspicuous with 16 CFR part 1239
and other ASTM standards, by modifying the definition of conspicuous to use the definition as 16 CFR 1239.2b1i, and by describing the adjective conspicuous, rather than defining an adjective with a definition that describes a noun i.e., a label.
Under CPSIA section 104b4B, unless the Commission determines that ASTMs revision to a voluntary standard that is referenced in a mandatory standard does not improve the safety of the consumer product covered by the standard, the revised voluntary standard becomes the new mandatory standard. As described above, ASTM
F100421 is substantially identical to 16
CFR part 1239. Accordingly, ASTM

E:FRFM28SER1.SGM

28SER1