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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
Conshohocken, PA 194282959 USA;
phone; 6108329585; www.astm.org.

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D. Certification Section 14a of the Consumer Product Safety Act CPSA; 15 U.S.C.
20512089 requires manufacturers of products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, to certify that the products comply with all applicable CPSC
requirements. 15 U.S.C. 2063a. Such certification must be based on a test of each product, or on a reasonable testing program, or, for childrens products, on tests of a sufficient number of samples by a third party conformity assessment body accredited by CPSC to test according to the applicable requirements. As noted, standards issued under section 104b1B of the CPSIA are consumer product safety standards. Thus, they are subject to the testing and certification requirements of section 14 of the CPSA.
Because carriages and strollers are childrens products, a CPSC-accepted third party conformity assessment body must test samples of the products.
Products subject to part 1227 also must comply with all other applicable CPSC
requirements, such as the lead content requirements in section 101 of the CPSIA,2 the phthalates prohibitions in section 108 of the CPSIA 3 and 16 CFR
part 1307, the tracking label requirements in section 14a5 of the CPSA,4 and the consumer registration form requirements in section 104d of the CPSIA.5
E. Notice of Requirements In accordance with section 14a3Biv of the CPSIA, the Commission has previously published a notice of requirements NOR for accreditation of third party conformity assessment bodies for testing carriages and strollers 79 FR 13208 March 10, 2014. The NORs provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing carriages and strollers to 16 CFR part 1227. The NORs are listed in the Commissions rule, Requirements Pertaining to Third Party Conformity Assessment Bodies.
16 CFR part 1112.
The revisions to ASTM F83321 will not require any significant changes in the way that third party conformity assessment bodies test carriages and 2 15

U.S.C. 1278a.
U.S.C. 2057c.
4 15 U.S.C. 2063a5.
5 15 U.S.C. 2056ad.
3 15

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strollers. Therefore, the Commission considers existing CPSC-accepted testing laboratories that have demonstrated competence for testing in accordance with ASTM F83319 will have the competence to test in accordance with the revised standard ASTM F83321 as well. Accordingly, the existing NOR for this standard will remain in place, and CPSC-accepted third party conformity assessment bodies are expected to update the scope of the testing laboratories accreditations to reflect the revised standard in the normal course of renewing their accreditations.
F. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act APA; 5
U.S.C. 551559 generally requires agencies to provide notice of a rule and an opportunity for interested parties to comment on it, section 553 of the APA
provides an exception when the agency, for good cause finds, that notice and comment are impracticable, unnecessary, or contrary to the public interest. Id. 553bB. The Commission concludes that when it updates a reference to an ASTM standard that the Commission incorporated by reference under section 104b of the CPSIA, notice and comment are not necessary.
Under the process set out in section 104b4B of the CPSIA, when ASTM
revises a standard that the Commission has previously incorporated by reference under section 104b1B of the CPSIA, that revision will become the new CPSC standard, unless the Commission determines that ASTMs revision does not improve the safety of the product. Thus, unless the Commission makes such a determination, the ASTM revision becomes CPSCs mandatory standard by operation of law. The Commission is allowing ASTM F83321 to become CPSCs new mandatory standard. The purpose of this direct final rule is to update the reference in the Code of Federal Regulations CFR so that it reflects the version of the standard that takes effect by statute. This rule updates the reference in the CFR, but under the update provision of section 104 of the CPSIA, ASTM F83321 takes effect as the new CPSC standard for carriages and strollers, even if the Commission does not issue this rule. Thus, public comments would not alter 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 unnecessary.

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In Recommendation 954, the Administrative Conference of the United States ACUS endorsed direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and that are not expected to generate significant adverse 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 February 15, 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.
G. 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 F.
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. CPSC 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.

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