Revisions to Safety Standard for Sling Carriers

• Citation: 85 FR 21766
• Record Number: 2020-07522
• Published date: 20 April 2020
• Section: Rules and Regulations
• Court: Consumer Product Safety Commission

21766

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations

‘‘Ref. Publications’’ section of EASA AD

2019–0263.

(j) Other FAA AD Provisions

The following provisions also apply to this

AD:

(1) Alternative Methods of Compliance

(AMOCs): The Manager, International

Section, Transport Standards Branch, FAA,

has the authority to approve AMOCs for this

AD, if requested using the procedures found

in 14 CFR 39.19. In accordance with 14 CFR

39.19, send your request to your principal

inspector or local Flight Standards District

Office, as appropriate. If sending information

directly to the International Section, send it

to the attention of the person identified in

paragraph (k) of this AD. Information may be

emailed to: 9-ANM-116-AMOC-REQUESTS@

faa.gov. Before using any approved AMOC,

notify your appropriate principal inspector,

or lacking a principal inspector, the manager

of the local flight standards district office/

certificate holding district office.

(2) Contacting the Manufacturer: For any

requirement in this AD to obtain instructions

from a manufacturer, the instructions must

be accomplished using a method approved

by the Manager, International Section,

Transport Standards Branch, FAA; or EASA;

or Saab SB Support and Services’ EASA

Design Organization Approval (DOA). If

approved by the DOA, the approval must

include the DOA-authorized signature.

(k) Related Information

For more information about this AD,

contact Shahram Daneshmandi, Aerospace

Engineer, International Section, Transport

Standards Branch, FAA, 2200 South 216th

St., Des Moines, WA 98198; telephone and

fax 206–231–3220; email

Shahram.Daneshmandi@faa.gov.

(l) Material Incorporated by Reference

(1) The Director of the Federal Register

approved the incorporation by reference

(IBR) of the service information listed in this

paragraph under 5 U.S.C. 552(a) and 1 CFR

part 51.

(2) You must use this service information

as applicable to do the actions required by

this AD, unless this AD specifies otherwise.

(i) European Union Aviation Safety Agency

(EASA) AD 2019–0263, dated October 22,

2019.

(ii) [Reserved]

(3) For information about EASA AD 2019–

0263, contact the EASA, Konrad-Adenauer-

Ufer 3, 50668 Cologne, Germany; telephone

+49 221 89990 6017; email ADs@

easa.europa.eu; Internet

www.easa.europa.eu. You may find this

EASA AD on the EASA website at https://

ad.easa.europa.eu.

(4) You may view this material at the FAA,

Transport Standards Branch, 2200 South

216th St., Des Moines, WA. For information

on the availability of this material at the

FAA, call 206–231–3195. This material may

be found in the AD docket on the internet at

https://www.regulations.gov by searching for

and locating Docket No. FAA–2019–1073.

(5) You may view this material that is

incorporated by reference 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: https://www.archives.gov/

federal-register/cfr/ibr-locations.html.

Issued on April 3, 2020.

Lance T. Gant,

Director, Compliance & Airworthiness

Division, Aircraft Certification Service.

[FR Doc. 2020–08202 Filed 4–17–20; 8:45 am]

BILLING CODE 4910–13–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1228

[Docket No. CPSC–2014–0018]

Revisions to Safety Standard for Sling

Carriers

AGENCY

: Consumer Product Safety

Commission.

ACTION

: Direct final rule.

SUMMARY

: In January 2017, the U.S.

Consumer Product Safety Commission

(CPSC) published a consumer product

safety standard for sling carriers under

section 104 of the Consumer Product

Safety Improvement Act of 2008

(CPSIA). The standard incorporated by

reference the ASTM voluntary standard

that was in effect for sling carriers at the

time, with an additional requirement for

warning label attachment. ASTM has

since revised the voluntary standard for

sling carriers. The CPSIA provides a

process for when a voluntary standards

organization updates a standard that the

Commission incorporated by reference

in a section 104 rule. Consistent with

that process, this direct final rule revises

the mandatory standard for sling

carriers to incorporate by reference the

updated version of the ASTM standard,

while retaining the additional

requirement for warning label

attachment.

DATES

: The rule is effective on July 6,

2020, unless CPSC receives a significant

adverse comment by May 20, 2020. If

CPSC 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 the Federal

Register as of July 6, 2020.

ADDRESSES

: You may submit comments,

identified by Docket No. CPSC–2014–

0018, by any of the following methods:

Electronic Submissions: Submit

electronic comments to the Federal

eRulemaking Portal at: https://

www.regulations.gov. Follow the

instructions for submitting comments.

The CPSC does not accept comments

submitted by electronic mail (email),

except through https://

www.regulations.gov. The CPSC

encourages you to submit electronic

comments by using the Federal

eRulemaking Portal, as described above.

Mail/Hand Delivery/Courier Written

Submissions: Submit comments by

mail/hand delivery/courier to: Division

of the Secretariat, Consumer Product

Safety Commission, Room 820, 4330

East West Highway, Bethesda, MD

20814; telephone (301) 504–7923.

Instructions: All submissions must

include the agency name and docket

number for this document. CPSC may

post all comments without change,

including any personal identifiers,

contact information, or other personal

information provided, to: https://

www.regulations.gov. Do not submit

electronically: Confidential business

information, trade secret information, or

other sensitive or protected information

that you do not want to be available to

the public. If you wish to submit such

information, please submit it according

to the instructions for written

submissions.

Docket: For access to the docket to

read background documents or

comments received, go to: https://

www.regulations.gov, and insert the

docket number, CPSC–2014–0018, into

the ‘‘Search’’ box, and follow the

prompts.

FOR FURTHER INFORMATION CONTACT

:

Keysha Walker, Compliance Officer,

U.S. Consumer Product Safety

Commission, 4330 East West Highway,

Bethesda, MD 20814; telephone (301)

504–6820; email: kwalker@cpsc.gov.

SUPPLEMENTARY INFORMATION

:

A. Background and Statutory Authority

Section 104 of the CPSIA requires the

Commission to assess the effectiveness

of voluntary standards for durable infant

or toddler products and adopt

mandatory standards for these products.

15 U.S.C. 2056a(b)(1). The mandatory

standard must be ‘‘substantially the

same as’’ the voluntary standard, or may

be ‘‘more stringent than’’ the voluntary

standard, if the Commission determines

that more stringent requirements would

further reduce the risk of injury

associated with the product. Id.

Under this authority, the Commission

adopted a mandatory rule for sling

carriers in 16 CFR part 1228. The rule

incorporated by reference ASTM

F2907–15, Standard Consumer Safety

Specification for Sling Carriers, into 16

CFR 1228.2(a), with an additional

requirement for warning label

attachment in § 1228.2(b). 82 FR 8671

(Jan. 30, 2017). At the time the

VerDate Sep<11>2014 16:11 Apr 17, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

jbell on DSKJLSW7X2PROD with RULES

21767

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations

1

ASTM approved ASTM F2907–19 on November

1, 2019, and published it in November 2019.

2

The scope of the standard (section 1) uses the

singular (e.g., ‘‘an occupant,’’ ‘‘a child’’) to refer to

occupants of a sling carrier. The test procedures

(section 7), require testing with a 35-pound weight,

consistent with the weight of a single child

occupant, referenced in the scope (section 1).

Instructional literature requirements (section 9)

require instructional literature to address the

following: ‘‘Never place more than one baby in the

sling carrier.’’

3

Although CPSC is not aware of any incidents

that involve multiple occupants in a single sling

carrier, staff identified one fatality associated with

simultaneous use of two sling carriers. Although

this is not directly relevant to two-occupant slings,

we note this incident because of its marginal

relevance to the use of sling carriers with more than

one child. Both of the sling carriers involved in that

incident have been recalled because of hazards

associated with single-occupant use; so staff cannot

conclude that the use of multiple slings was a factor

in the incident. Moreover, the standard does not

support simultaneous use of multiple sling carriers,

because both ASTM F2907–15 and –19 require

instructional literature to state: ‘‘Never use/wear

more than one carrier at a time.’’

Commission published the final rule,

ASTM F2907–15 was the current

version of the voluntary standard.

ASTM has since revised the voluntary

standard, adopting ASTM F2907–19.

1

The CPSIA specifies the process for

when a voluntary standards

organization revises a standard that the

Commission incorporated by reference

in a section 104 rule. First, the

voluntary standards organization must

notify the Commission of the revision.

Once the Commission receives this

notification, the statute provides that

the revised voluntary standard is

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).

The Commission can prevent this by

notifying the organization, within 90

days of receiving notice of the revision,

that it has determined that the proposed

revision does not improve the safety of

the consumer product and that it is

retaining the existing consumer product

safety standard. 15 U.S.C.

2056a(b)(4)(B).

On January 8, 2020, the Commission

received notification from ASTM that it

had updated the sling carrier standard.

As this preamble discusses, the revised

standard includes revised requirements

for test methods, labeling, and

instructional literature, which improve

the safety of sling carriers. Accordingly,

the Commission is not determining that

‘‘the proposed revision does not

improve the safety of the consumer

product.’’ Therefore, under the CPSIA,

ASTM F2907–19 will replace ASTM

F2907–15 in paragraph (a) of the

mandatory standard for sling carriers,

effective July 6, 2020, 180 days after

CPSC received ASTM’s notice.

B. Revised Standard

1. Revisions to ASTM F2907

The ASTM standard for sling carriers

includes performance requirements and

test methods, as well as requirements

for warning labels and instructional

literature, to address hazards to children

associated with sling carriers.

ASTM F2907–19 includes revised

requirements for test methods, labeling,

and instructional literature to address

two considerations in the way sling

carriers are marketed and used. These

considerations are: (1) The use of sling

carriers for two occupants (rather than

one), and (2) sling carriers that are

marketed to carry more than the existing

test weight of 35 pounds. ASTM F2907–

19 also includes several revisions to

clarify existing requirements, as well as

editorial revisions that do not alter the

substantive requirements or affect

safety.

As described below, the revisions in

ASTM F2907–19 more closely reflect

the conditions for which some sling

carriers are marketed and used. Under

these revised requirements, sling

carriers must undergo testing that

simulates the conditions under which

they are marketed to be used and are

actually used. Because testing sling

carriers under their actual use

conditions more accurately assesses

their durability, the Commission

concludes that the revised standard

improves the safety of sling carriers.

Because the Commission declines to

determine that the revision ‘‘does not

improve the safety’’ of sling carriers, the

revised ASTM standard will replace

F2907–15 in paragraph (a) of § 1228.2.

The sections below discuss the revised

portions of the ASTM standard, as well

as CPSC staff’s assessment of those

revisions.

a. Sling Carriers for Two Occupants

ASTM F2907–15 only addresses sling

carriers designed to carry one occupant.

The scope of the standard, the test

procedures, and the instructional

requirements all reflect this.

2

However,

there are sling carriers designed for two

occupants, and consumers sometimes

use sling carriers for two occupants,

especially twins. ASTM F2907–19

modifies the scope, testing, labeling,

and instructional literature

requirements to address slings designed

to contain up to two occupants. The

following revisions in ASTM F2907–19

reflect these changes:

•In section 1.3, the scope covers

sling carriers designed to contain up to

two occupants;

•section 6.2 requires each restraint

system to be tested, accounting for the

possibility of more than one restraint

system;

•section 7.1.5 requires two-occupant

slings to be tested with weight in both

support areas concurrently;

•In addition to the dynamic load

requirements for single-occupant

products in section 7.2.2, there are

dynamic load requirements for two-

occupant products in section 7.2.3;

•in addition to the occupant-

retention test requirements for single-

occupant products in section 7.5.2,

there are occupant-retention test

requirements for two-occupant products

in section 7.5.3;

•section 8.1.4 requires labels to state

the recommended child weight for each

support area, accounting for the

possibility of more than one occupant;

•section 8.3.4 requires pictograms of

improper and proper infant positioning

to include one or two occupants,

depending on the product design; and

•the instructional literature

requirements in section 9.3.9 retain the

required language: ‘‘never place more

than one baby in the sling carrier’’ for

single-occupant sling carriers, but

provide a modified statement for two-

occupant sling carriers.

CPSC staff believes that these

revisions improve the safety of sling

carriers because they require sling

carriers to be tested under the

conditions for which they are marketed

and used. Under ASTM F2907–15, two-

occupant sling carriers would

potentially fall outside the scope of the

standard, or would be subject to test

requirements that reflect the weight or

presence of a single occupant only,

which is less than the load they would

bear during actual use. ASTM F2907–19

requires sling carriers that are marketed

for two occupants to undergo the same

testing as single-occupant products, but

with the added conditions associated

with two occupants.

Although staff is not aware of any

incidents that involve multiple

occupants in a single sling carrier,

3

staff

believes that the revised standard

provides better safety than excluding

two-occupant slings from the standard

or testing them under the conditions

associated with a single occupant.

b. Sling Carriers with Recommended

Maximum Weights Above 35 Pounds

ASTM F2907–15 uses 35-pound

weights/masses in its test procedures,

consistent with the typical maximum

VerDate Sep<11>2014 16:11 Apr 17, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

jbell on DSKJLSW7X2PROD with RULES

21768

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations

weight of an occupant stated in the

scope section. However, some

manufacturers market sling carriers with

a maximum weight above 35 pounds, to

allow for a larger occupant or multiple

occupants. ASTM F2907–19 addresses

this by requiring test weights to be the

greater of 35 pounds, or the

manufacturer’s recommended maximum

occupant weight. The following

revisions in ASTM F2907–19 reflect

these changes:

•In section 1.3, the scope notes that,

although the typical maximum weight

of an occupant is 35 pounds,

manufacturers may provide a higher

weight limit;

•for the dynamic load test, the test

mass/weight in section 7.2.2 is the

greater of 35 pounds, or the

manufacturer’s recommended maximum

weight; and

•for the occupant-retention test, the

test mass stated in section 7.5.1.3 is the

greater of 35 pounds, or the

manufacturer’s recommended maximum

weight.

CPSC staff believes that these

revisions improve the safety of sling

carriers, because they require sling

carriers to be tested under the

conditions for which they are marketed

and used. ASTM F2907–19 requires

sling carriers that are marketed to carry

more than 35 pounds to be tested with

the marketed maximum weight. This

provides better safety than testing sling

carriers with 35-pound weights when

they are marketed as supporting more

than that.

c. Clarifications

ASTM F2907–19 also includes several

modifications to clarify, simplify, and

add detail to existing testing

requirements. These revisions do not

alter the substantive requirements in the

standard.

The first clarification is in section 7.1,

which includes the static load testing

requirements. Section 6.1.1 of both

ASTM F2907–15 and ASTM F2907–19

state that after static load testing,

‘‘adjustable attachment systems of the

sling carrier shall not slip more than 1

in. (25.44 mm) per element.’’ Section 7.1

in both versions of the standard describe

the static load test procedure. However,

a clarification in ASTM F2907–19

directs testers to mark the sling at the

beginning and end of the testing to

measure slippage.

The second clarification is in section

7.2, which includes the dynamic load

testing requirements. In ASTM F2907–

15, this section (7.2.3) provides a

calculation for determining the number

of cycles of testing. In ASTM F2907–19,

the number of cycles is provided in a

table (Table 1). The calculation in

ASTM F2907–15 yields the numbers in

the table; the revision simply eliminates

the need for calculations. A footnote to

the table also provides details about

how to determine the number of

carrying positions, which is the basis for

the calculation and table. This table also

replaces the same calculation previously

used in section 7.5, on occupant

retention testing.

d. Editorial Revisions

ASTM F2907–19 also includes

editorial revisions that do not affect the

substantive requirements in the

standard. The following revisions in

ASTM F2907–19 reflect these changes:

•Section 1.8 adds environmental

practices to the previous list of safety

and health practices that users should

consider;

•section 1.9 explains that ASTM

developed the standard in accordance

with principles recognized by the World

Trade Organization;

•the term ‘‘manufacturer’s

recommended carrying position’’

replaces various terms that referred to

the carrying position, for

standardization;

•the term ‘‘manufacturer’s

recommended maximum weight’’

replaces ‘‘manufacturer’s maximum

recommended weight’’; and

•units are in forms consistent with

ASTM Form and Style (e.g., ‘‘1 in. to 2

in.’’ replaces ‘‘1 to 2 in.’’).

2. More Stringent Requirement for Label

Attachment

The current mandatory standard

incorporates by reference ASTM F2907–

15, but includes an additional

requirement for label attachment.

Specifically, 16 CFR 1228.2(b) requires

that ‘‘warning labels that are attached to

the fabric with seams shall remain in

contact with the fabric around the entire

perimeter of the label, when the sling is

in all manufacturer recommended use

positions.’’ The Commission added this

requirement to address comments

expressing concerns that consumers

would accidentally or intentionally

remove or damage, or otherwise alter,

‘‘free-hanging’’ labels that are attached

to a product at only one end of the label.

The Commission explained that

removing or altering these labels

‘‘would eliminate the potential safety

benefit of the label,’’ and accordingly,

adopted the additional attachment

requirement. 82 FR 8671, 8679 (Jan. 30,

2017).

ASTM F2907–19 does not include

this additional requirement. CPSC staff

believes that this requirement remains

appropriate. Therefore, the Commission

is retaining this additional requirement

in 16 CFR 1228.2(b).

C. Incorporation by Reference

Section 1228.2(a) of the direct final

rule incorporates by reference ASTM

F2907–19. The Office of the Federal

Register (OFR) has regulations regarding

incorporation by reference. 1 CFR part

51. Under these regulations, agencies

must discuss, in the preamble to a final

rule, ways in which the material the

agency incorporates by reference is

reasonably available to interested

parties, and how interested parties can

obtain the material. In addition, the

preamble to the final rule must

summarize the material. 1 CFR 51.5(b).

In accordance with the OFR

regulations, B. Revised Standard of this

preamble summarizes the major

provisions of ASTM F2907–19 that the

Commission incorporates by reference

into 16 CFR part 1228. The standard is

reasonably available to interested

parties and interested parties may

purchase a copy of ASTM F2907–19

from ASTM International, 100 Barr

Harbor Drive, P.O. Box C700, West

Conshohocken, PA 19428–2959 USA;

phone; 610–832–9585; www.astm.org. A

copy of the standard can also be

inspected at CPSC’s Division of the

Secretariat, U.S. Consumer Product

Safety Commission, Room 820, 4330

East West Highway, Bethesda, MD

20814, telephone 301–504–7923. In

addition, once the rule becomes

effective, a read-only copy of the

standard will be available for viewing

on the ASTM website at: https://

www.astm.org/READINGLIBRARY/.

D. Certification

Section 14(a) of the Consumer

Product Safety Act (CPSA; 15 U.S.C.

2051–2089) 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. 2063(a). Such

certification must be based on a test of

each product, or on a reasonable testing

program, or, for children’s products, on

tests on 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 104(b)(1)(B) 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 sling carriers are children’s

products, a CPSC-accepted third party

VerDate Sep<11>2014 17:14 Apr 17, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

jbell on DSKJLSW7X2PROD with RULES

21769

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations

4

15 U.S.C. 1278a.

5

15 U.S.C. 2057c.

6

15 U.S.C. 2063(a)(5).

7

15 U.S.C. 2056a(d).

conformity assessment body must test

samples of the products. These products

also must comply with all other

applicable CPSC requirements, such as

the lead content requirements in section

101 of the CPSIA,

4

the phthalates

prohibitions in section 108 of the

CPSIA,

5

the tracking label requirements

in section 14(a)(5) of the CPSA,

6

and the

consumer registration form

requirements in section 104(d) of the

CPSIA.

7

E. Notice of Requirements

In accordance with section

14(a)(3)(B)(iv) of the CPSIA, the

Commission previously published a

notice of requirements (NOR) for

accreditation of third party conformity

assessment bodies for testing sling

carriers. 82 FR 8671 (Jan. 30, 2017). The

NOR provided the criteria and process

for CPSC to accept accreditation of third

party conformity assessment bodies for

testing sling carriers to 16 CFR part

1228. The NORs for all mandatory

standards for durable infant or toddler

products are listed in the Commission’s

rule, ‘‘Requirements Pertaining to Third

Party Conformity Assessment Bodies’’

in 16 CFR part 1112.

Under the revised provisions in

ASTM F2907–19, testing of affected

products involves increased test weights

and testing of more occupant positions.

However, the test methodologies remain

the same. Accordingly, the revisions do

not significantly change the way that

third party conformity assessment

bodies test these products for

compliance with the sling carriers

standard. Laboratories will begin testing

to the new standard when ASTM

F2907–19 goes into effect, and the

existing accreditations that the

Commission has accepted for testing to

this standard will cover testing to the

revised standard. Therefore, the

Commission considers the existing

CPSC-accepted laboratories for testing to

ASTM F2907–15 to be capable of testing

to ASTM F2907–19 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. 551–559) 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. 553(b)(B).

Under the process set out in section

104(b)(4)(B) of the CPSIA, when ASTM

revises a standard that the Commission

has previously incorporated by

reference under section 104(b)(1)(B) of

the CPSIA, that revision will become the

new CPSC standard, unless the

Commission determines that ASTM’s

revision does not improve the safety of

the product. Thus, unless the

Commission makes such a

determination, the ASTM revision

becomes CPSC’s standard by operation

of law. The Commission is allowing

ASTM F2907–19 to become CPSC’s new

standard. The purpose of this direct

final rule is merely to update the

reference in the Code of Federal

Regulations (CFR) so that it reflects

accurately the version of the standard

that takes effect by statute. The rule

updates the reference in the CFR, but

under the terms of the CPSIA, ASTM

F2907–19 takes effect as the new CPSC

standard for sling carriers, even if the

Commission did not issue this rule.

Thus, public comments would not

impact the substantive changes to the

standard or the effect of the revised

standard as a consumer product safety

standard under section 104(b) of the

CPSIA. Under these circumstances,

notice and comment are not necessary.

In Recommendation 95–4, the

Administrative Conference of the

United States (ACUS) endorses direct

final rulemaking as an appropriate

procedure to expedite rules that are

noncontroversial and that are not

expected to generate significant adverse

comment. 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.

553(b)(B). 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 July 6, 2020. In accordance

with ACUS’s 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 rule’s

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 would 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. 601–612) 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 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.

H. Paperwork Reduction Act

The current mandatory standard for

sling carriers includes requirements for

marking, labeling, and instructional

literature that constitute a ‘‘collection of

information,’’ as defined in the

Paperwork Reduction Act (PRA; 44

U.S.C. 3501–3521). The revised

mandatory standard does not alter these

requirements. The Commission took the

steps required by the PRA for

information collections when it adopted

16 CFR part 1228, 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.

I. Environmental Considerations

The Commission’s regulations

provide a categorical exclusion for the

Commission’s 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

VerDate Sep<11>2014 16:11 Apr 17, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

jbell on DSKJLSW7X2PROD with RULES

21770

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations

CFR 1021.5(c)(2). This rule falls within

the categorical exclusion, so no

environmental assessment or

environmental impact statement is

required.

J. Preemption

Section 26(a) 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. 2075(a). Section 26(c) 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 104(b) 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 26(a) of the

CPSA.

K. Effective Date

Under the procedure set forth in

section 104(b)(4)(B) of the CPSIA, when

a voluntary standard 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.

2056a(b)(4)(B). The Commission is

taking neither of those actions with

respect to the standard for sling carriers.

Therefore, ASTM F2907–19

automatically will take effect as the new

mandatory standard for sling carriers on

July 6, 2020, 180 days after the

Commission received notice of the

revision on January 8, 2020. 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 July 6,

2020.

L. Congressional Review Act

The Congressional Review Act (CRA;

5 U.S.C. 801–808) 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. 801(a)(1). The

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. 804(2). To comply with the

CRA, the Office of the General Counsel

will submit the required information to

each House of Congress and the

Comptroller General.

List of Subjects in 16 CFR Part 1228

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 1228—SAFETY STANDARD FOR

SLING CARRIERS

■1. Revise the authority citation for part

1228 to read as follows:

Authority: Sec. 104, Pub. L. 110–314, 122

Stat. 3016 (15 U.S.C. 2056a).

■2. Revise § 1228.2 to read as follows:

§ 1228.2 Requirements for sling carriers.

(a) Except as provided in paragraph

(b) of this section, each sling carrier

must comply with all applicable

provisions of ASTM F2907–19,

Standard Consumer Safety

Specification for Sling Carriers,

approved on November 1, 2019. The

Director of the Federal Register

approves this incorporation by reference

in accordance with 5 U.S.C. 552(a) and

1 CFR part 51. You may obtain a copy

of this ASTM standard from ASTM

International, 100 Barr Harbor Drive, PO

Box C700, West Conshohocken, PA

19428–2959; 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 301–504–7923, 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.

(b) In addition to complying with

section 5.7.2 of ASTM F2907–19,

comply with the following:

(1) 5.7.3 Warning labels that are

attached to the fabric with seams shall

remain in contact with the fabric around

the entire perimeter of the label, when

the sling is in all manufacturer

recommended use positions.

(2) [Reserved]

Alberta E. Mills,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 2020–07522 Filed 4–17–20; 8:45 am]

BILLING CODE 6355–01–P

FEDERAL MEDIATION AND

CONCILIATION SERVICE

29 CFR Part 1473

RIN 3076–AA15

Administrative Guidance

AGENCY

: Federal Mediation and

Conciliation Service.

ACTION

: Final rule.

SUMMARY

: This final rule sets forth the

Service’s procedures governing the

issuance of guidance documents as

required by the Executive order titled

‘‘Promoting the Rule of Law Through

Improved Agency Guidance

Documents’’.

DATES

: Effective on May 20, 2020.

FOR FURTHER INFORMATION CONTACT

:

Sarah Cudahy, Office of the General

Counsel, 202–606–8090, scudahy@

fmcs.gov.

SUPPLEMENTARY INFORMATION

: This final

rule, which adds to the Code of Federal

Regulations at 49 part 1473, is adopted

pursuant to Executive Order 13891,

titled: ‘‘Promoting the Rule of Law

Through Improved Agency Guidance

Documents’’ (October 9, 2019). In that

Executive order, Federal agencies are

required to finalize regulations, or

amend existing regulations as necessary,

to set forth processes and procedures for

issuing guidance documents.

Administrative Procedure

Under the Administrative Procedure

Act, an agency may waive the normal

notice and comment procedures if the

action is a rule of agency organization,

procedure, or practice. See 5 U.S.C.

553(b)(3)(A). As this final rule merely

codifies procedures applicable to the

Service’s administrative procedures into

the Code of Federal Regulations, notice

and comment are not necessary.

Rulemaking Analyses and Notices

A. Executive Order 12866

The Office of Management and Budget

has determined that this rulemaking is

not a significant regulatory action under

Executive Order 12866. The Service

does not anticipate that this rulemaking

will have an economic impact on

regulated entities. This is a rule of

agency procedure and practice. The

VerDate Sep<11>2014 17:14 Apr 17, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

jbell on DSKJLSW7X2PROD with RULES