Safety Standard for Children's Folding Chairs and Stools
| Published date | 17 May 2021 |
| Citation | 86 FR 26654 |
| Record Number | 2021-10293 |
| Section | Rules and Regulations |
| Court | Consumer Product Safety Commission |
26654
Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations
(h) Exception to Paragraphs (g)(2) and (3)
Where the applicable Safran ARRIEL MM
chapters provide instructions to send the
Module 03 to a Safran Helicopter Engines-
approved repair center, the operator may
choose to send the Module 03 to any FAA-
approved repair center capable of performing
the required actions.
(i) Mandatory Terminating Action
As terminating action to the requirements
in paragraph (g) of this AD, within 365 days
after the effective date of this AD, revise the
ALS of the existing approved aircraft
maintenance program (AMP) by
incorporating:
(i) Task 05–10–00–150–801–A01,
‘‘Airworthiness Limitations—General,’’ from
the applicable Safran ARRIEL MM chapter.
(ii) Task 05–10–00–200–801–A01,
‘‘Airworthiness Limitations—Authorized In-
Service Life Limits,’’ from the applicable
Safran ARRIEL MM chapter.
(iii) Task 05–10–10–200–801–A01,
‘‘Airworthiness Limitations—Tables of
Mandatory Maintenance Tasks,’’ from the
applicable Safran ARRIEL MM chapter.
(j) Definitions
(1) For the purpose of this AD, a ‘‘critical
part’’ is a part identified in paragraph 1.C.,
‘‘Table of authorized in-service life limits for
the ARRIEL 2D,’’ or ‘‘Table of authorized in-
service life limits for the ARRIEL 2E,’’
Chapter 05–10–00 of the Safran ARRIEL MM
for that engine.
(2) For the purpose of this AD, the
‘‘Chapter 05–10–00 of the Safran ARRIEL
MM’’ is:
(i) Chapter 05–10–00 of Safran Aircraft
Engines ARRIEL 2D MM No. X292 R1 450 2,
Update No. 20, dated June 15, 2020; or
(ii) Chapter 05–10–00 of Safran Aircraft
Engines ARRIEL 2E MM No. X292 R2 300 2,
Update No. 16, dated June 15, 2020.
(3) For the purpose of this AD, the
‘‘approved maintenance program’’ is defined
as the basis for which the operator ensures
the continuing airworthiness of each
operated helicopter.
(k) Credit for Previous Actions
(1) For affected Safran Arriel 2D model
turboshaft engines, you may take credit for
revising the ALS of the existing approved
AMP that is required by paragraph (i) of this
AD if you incorporated the tasks before the
effective date of this AD using Chapter 05–
10–00 of Safran ARRIEL 2D MM No. X292 R1
450 2, Update No. 19, dated December 30,
2019.
(2) For affected Safran Arriel 2E model
turboshaft engines, you may take credit for
revising the ALS of the existing approved
AMP that is required by paragraph (i) of this
AD if you incorporated the tasks before the
effective date of this AD using Chapter 05–
10–00 of Safran ARRIEL 2E MM No. X292 R2
300 2, Update No. 15, dated December 30,
2019.
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO 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 manager of the certification office,
send it to the attention of the person
identified in Related Information. You may
email your request to: ANE-AD-AMOC@
faa.gov.
(2) 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.
(m) Related Information
(1) For more information about this AD,
contact Wego Wang, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7134; fax: (781) 238–7199; email: wego.
wang@faa.gov.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2018–0273, dated
December 13, 2018, for more information.
You may examine the EASA AD in the AD
docket at https://www.regulations.gov by
searching for and locating it in Docket No.
FAA–2020–1038.
(n) 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 the AD specifies otherwise.
(i) Section 05–10–00, Airworthiness
Limitations, of Chapter 05, Airworthiness
Limitations—Frequencies—Inspections, of
the Safran Helicopter Engines ARRIEL 2D
Maintenance Manual, Volume 1, No. X 292
R1 450 2, Update No. 20, dated June 15,
2020.
(ii) Section 05–10–00, Airworthiness
Limitations, of Chapter 05, Airworthiness
Limitations—Frequencies—Inspections, of
the Safran Helicopter Engines ARRIEL 2E
Maintenance Manual, Volume 1, No. X 292
R2 300 2, Update No. 16, dated June 15,
2020.
(3) For service information identified in
this AD, contact Safran Helicopter Engines,
S.A., 64511 Bordes—Cedex, France; phone:
(33) 05 59 74 40 00; fax: (33) 05 59 74 45 15.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
(5) You may view this service information
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 May 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–10310 Filed 5–14–21; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112, 1130, and 1232
[Docket No. CPSC–2015–0029]
Safety Standard for Children’s Folding
Chairs and Stools
AGENCY
: Consumer Product Safety
Commission.
ACTION
: Direct final rule.
SUMMARY
: In December 2017, the U.S.
Consumer Product Safety Commission
(CPSC) issued a consumer product
safety standard for children’s folding
chairs and stools. The standard
incorporated by reference the applicable
ASTM voluntary standard. The
Consumer Product Safety Improvement
Act (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. Since 2017, ASTM
has revised the voluntary standard for
children’s folding chairs and stools
twice. Consistent with the CPSIA
update process, this direct final rule
updates the mandatory standard for
children’s folding chairs and stools to
incorporate by reference ASTM’s 2021
version of the voluntary standard.
DATES
: The rule is effective on August
21, 2021, unless we receive significant
adverse comment by June 16, 2021. If
we receive timely significant adverse
comments, we will publish notification
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 August 21, 2021.
ADDRESSES
: You may submit comments,
identified by Docket No. CPSC–2015–
0029, 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 and as described
below. The CPSC encourages you to
submit electronic comments by using
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the Federal eRulemaking Portal, as
described above.
Mail/Hand Delivery/Courier
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) 504–7479.
Alternatively, as a temporary option
during the COVID–19 pandemic, you
can email such submissions to: cpsc-os@
cpsc.gov.
Instructions: All submissions received
must include the agency name and
docket number for this notice. 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- 2015–0029, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT
:
Keysha Walker, Compliance Officer,
Office of Compliance and Field
Operations, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814–4408; telephone:
301–504–6820; email: kwalker@
cpsc.gov.
SUPPLEMENTARY INFORMATION
:
A. Background
1. Statutory Authority
Section 104(b)(1)(B) of the CPSIA,
also known as the Danny Keysar Child
Product Safety Notification Act, requires
the Commission to promulgate
consumer product safety standards for
durable infant or toddler products. The
law requires these standards to be
‘‘substantially the same as’’ applicable
voluntary standards or more stringent
than the voluntary standards if the
Commission concludes that more
stringent requirements would further
reduce the risk of injury associated with
the product.
The CPSIA also sets forth a process
for updating CPSC’s durable infant or
toddler standards when the voluntary
standard upon which the CPSC standard
was based is changed. Section
104(b)(4)(B) of the CPSIA provides that
if an organization revises a standard that
has been adopted, in whole or in part,
as a consumer product safety standard
under this subsection, it shall notify the
Commission. In addition, the revised
voluntary standard shall be considered
to be a consumer product safety
standard issued by the Commission
under section 9 of the Consumer
Product Safety Act (CPSA) (15 U.S.C.
2058), effective 180 days after the date
on which the organization notifies the
Commission (or such later date
specified by the Commission in the
Federal Register) unless, within 90 days
after receiving that notice, the
Commission notifies the organization
that it has determined that the proposed
revision does not improve the safety of
the consumer product covered by the
standard and that the Commission is
retaining the existing consumer product
safety standard.
2. ASTM Standard for Children’s Chairs
and Stools
On December 15, 2017, the
Commission published a final rule
issuing a mandatory standard for
children’s folding chairs and stools that
incorporated by reference the voluntary
standard in effect at that time, ASTM
F2613–17a, Standard Consumer
Specification for Children’s Chairs and
Stools. 82 FR 59505. The ASTM
standard for children’s folding chairs
and stools, ASTM F2613, Standard
Consumer Safety Specification for
Children’s Chairs and Stools, applies to
children’s folding chairs and stools with
a seat height of 15 inches or less, and
equipped with or without a rocking
base. These chairs are intended to be
used by a single child who can get in
and out of the product unassisted. The
standard was codified in the
Commission’s regulations at 16 CFR part
1232. Since publication of ASTM
F2613–17a, the original mandatory
standard, ASTM has published two
revisions to ASTM F2613. ASTM
F2613–19 was approved and published
in November 2019. On April 1, 2020,
the Commission issued a direct final
rule updating the incorporation by
reference to ASTM F2613–19 as the
mandatory standard. 85 FR 18111. In
February 2021, ASTM approved and
published ASTM F2613–21. ASTM
officially notified the Commission of
this revision on February 22, 2021. The
rule is incorporating by reference ASTM
F2613–21 as the mandatory standard.
B. Revisions to the ASTM Standard
Under section 104(b)(4)(B) of the
CPSIA, unless the Commission
determines that ASTM’s revision of a
voluntary standard that is a CPSC
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 discussed
below, the Commission determines that
the changes made in ASTM F2613–21
are neutral or improve the safety of
children’s folding chairs and stools.
Therefore, the Commission will allow
the revised voluntary standard ASTM
F2613–21 to become effective as a
mandatory consumer product safety
standard under the statute, effective
August 21, 2021.
Differences Between 16 CFR Part 1232
and ASTM F2613–21
In February 2021, ASTM revised
ASTM F2613–19. The resulting
standard, ASTM F2613–21, includes the
following changes:
Substantive Change
ASTM F2613–21 makes one
substantive change to the standard by
updating the definition of stools in the
standard to include ottomans. The
Commission finds the substantive
change made in ASTM F2613–21 to be
an improvement to safety as it clarifies
the standard’s scope to include
ottomans, a product previously not
clearly subject to the mandatory
standard.
Non-Substantive Changes
Other changes to the standard were
minor or editorial in nature as described
below.
•Clarification that infant/toddler
rockers are not included within the
scope of the standard, because infant/
toddler rockers are subject to a different
voluntary standard, ASTM F3084–20,
Standard Consumer Safety
Specification for Infant and Infant/
Toddler Rockers.
•Removal of a previous version of a
locking test method that is no longer
referenced in ASTM F2613–21. The
ASTM F2613–21 standard contains the
current latching and locking test method
that is similar to a previous version of
a locking test method. Although
removal of the previous version of the
test method was included on an ASTM
ballot, when ASTM published F2613–
19, the previous locking test method
was inadvertently retained in the test
method section of the standard. There
are no performance requirements
associated with the previous locking
testing method and the test method is
not currently being used for testing
products to the standard. Therefore,
ASTM F2613–21 removed this unused
test method.
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The Commission finds that all of the
non-substantive changes in ASTM
F2613–21 are editorial in nature, and
therefore, neutral regarding safety, and
thus do not affect the safety of
children’s folding chairs and stools.
C. Revisions to Parts 1112, 1130, and
1232
CPSC has received an inquiry from a
testing laboratory regarding whether 16
CFR part 1232 was intended to apply to
non-folding stools, because the title of
the Part did not specifically state it
applied to ‘‘folding chairs and folding
stools.’’ Previous discussions in the
preambles of the NPR (80 FR 63155,
October 19, 2015) and the final rule (82
FR 59505, December 15, 2017) for the
folding chairs and stools standard
clearly indicate that folding stools fell
within the scope of the mandatory
standard. To avoid any
misinterpretation regarding the scope of
the standard, the Commission is
amending the title of the rule to read
‘‘Safety standard for children’s folding
chairs and children’s folding stools’’
and the title of the requirements in
section 1232.2 to read ‘‘Requirements
for children’s folding chairs and
children’s folding stools’’ to remove any
ambiguity regarding whether the
standard to applies to children’s folding
stools versus non-folding stools. The
rule also amends section 1232.1
regarding scope to state it establishes a
standard for ‘‘children’s folding chairs
and children’s folding stools.’’ For
consistency, the rule makes the
corresponding amendment to the notice
of requirements listed in section
1112.15(b)(43) of 16 CFR part 1112 to
read ‘‘16 CFR part 1232, Safety Standard
for Children’s Folding Chairs and
Children’s Folding Stools’’. The rule
also makes the corresponding
amendment to the definition in section
1130.2(a)(13) of 16 CFR part 1130 to
read ‘‘Children’s folding chairs and
children’s folding stools.’’
D. Incorporation by Reference
Section 1232.2 of the direct final rule
incorporates by reference ASTM F2613–
21. The Office of the Federal Register
(OFR) has regulations concerning
incorporation by reference. 1 CFR part
51. Under these regulations, agencies
must discuss, in the preamble to the
final rule, ways that the materials the
agency incorporates by reference are
reasonably available to interested
persons and how interested parties can
obtain the materials. In addition, the
preamble to the final rule must
summarize the material. 1 CFR 51.5(b).
In accordance with the OFR’s
requirements, section A of this preamble
summarizes the major provisions of the
ASTM F2613–21 standard that the
Commission incorporates by reference
into 16 CFR part 1232. The standard is
reasonably available to interested
parties, and interested parties can
purchase a copy of ASTM F2613–21
from ASTM International, 100 Barr
Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959 USA;
phone: 610–832–9585; www.astm.org.
Additionally, until the direct final rule
takes effect, a read-only copy of ASTM
F2613–21 is available for viewing on
ASTM’s website at: https://www.astm.
org/CPSC.htm. Once the rule takes
effect, a read-only copy of the standard
will be available for viewing on the
ASTM website at: https://www.astm.
org/READINGLIBRARY/. Interested
parties can also schedule an
appointment to inspect a copy of the
standard at CPSC’s Division of the
Secretariat, U.S. Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814, telephone: 301–504–7479; email:
cpsc-os@cpsc.gov.
E. Certification
Section 14(a) of the CPSA requires
that 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, be certified as
complying 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 the Commission 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 children’s folding chairs and
stools are children’s products, samples
of these products must be tested by a
third party conformity assessment body
whose accreditation has been accepted
by the Commission. These products also
must comply with all other applicable
CPSC requirements, such as the lead
content requirements in section 101 of
the CPSIA, the tracking label
requirement in section 14(a)(5) of the
CPSA, and the consumer registration
form requirements in section 104(d) of
the CPSIA.
F. Notice of Requirements
In accordance with section
14(a)(3)(B)(vi) of the CPSIA, the
Commission has previously published a
notice of requirements (NOR) for
accreditation of third party conformity
assessment bodies for testing children’s
folding chairs and stools (82 FR 59505,
December 15, 2017). The NOR provided
the criteria and process for our
acceptance of accreditation of third
party conformity assessment bodies for
testing children’s folding chairs and
stools to 16 CFR part 1232. 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,’’ codified at 16 CFR
part 1112.
None of the changes to ASTM F2613–
21 would impact a CPSC accepted
laboratory’s competence to be able to
conduct testing to the revised standard.
Therefore, the Commission considers
the existing CPSC-accepted laboratories
for testing to ASTM F2613–19 to be
competent to conduct testing to ASTM
F2613–21 as well. Accordingly, the
existing NOR for this standard will
remain in place, and CPSC-accepted
third party conformity assessment
bodies are expected in the normal
course of renewing their accreditation to
update the scope of the testing
laboratories’ accreditation to reflect the
revised standard.
G. Direct Final Rule Process
The Commission is issuing this rule
as a direct final rule. Although the
Administrative Procedure Act (APA)
generally requires notice and comment
rulemaking, section 553 of the APA
provides an exception when the agency,
for good cause, finds that notice and
public procedure are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(B). The
Commission concludes that when the
Commission updates a reference to an
ASTM standard that the Commission
has incorporated by reference under
section 104(b) of the CPSIA, notice and
comment are not necessary.
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 as a Commission standard for
a durable infant or toddler product
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 F2613–21 to become
CPSC’s new standard. The purpose of
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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 CPSIA, ASTM F2613–21 takes
effect as the new CPSC standard for
children’s folding chairs and children’s
folding stools, even if the Commission
did not issue this rule. Additionally, the
title and text of Part 1232 is revised to
clarify the scope of the standard
regarding children’s folding stools, with
corresponding revisions to the
references in Parts 1112 and 1130 for
consistency. Thus, public comment will
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) endorsed direct
final rulemaking as an appropriate
procedure to expedite promulgating
rules that are noncontroversial and that
are not expected to generate significant
adverse comment. See 60 FR 43108
(August 18, 1995). ACUS recommended
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 we do not expect any
significant adverse comments.
Unless we receive a significant
adverse comment within 30 days, the
rule will become effective on August 21,
2021. 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. As noted, this rule merely
updates a reference in the CFR to reflect
a change that occurs by statute and
corresponding changes to Part 1232 and
two other parts for consistency and
clarity.
Should the Commission receive a
significant adverse comment, the
Commission would withdraw this direct
final rule. Depending on the comments
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.
H. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires that agencies 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 and 604. The RFA applies to
any rule that is subject to notice and
comment procedures under section 553
of the APA. Id. As explained, the
Commission has determined that notice
and comment are not necessary for this
direct final rule. Thus, the RFA does not
apply. We also note 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.
I. Paperwork Reduction Act
The standard for children’s folding
chairs and stools contains information-
collection requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). The revisions to the
standard made no changes to that
section of the standard. Thus, the
revisions will have no effect on the
information-collection requirements
related to the standard.
J. 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
CFR 1021.5(c). This rule falls within the
categorical exclusion, so no
environmental assessment or
environmental impact statement is
required.
K. Preemption
Section 26(a) of the CPSA, 15 U.S.C.
2075(a), 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. Section
26(c) of the CPSA also provides that
states or political subdivisions of states
may apply to the CPSC for an exemption
from this preemption under certain
circumstances. Section 104(b) of the
CPSIA deems rules issued under that
provision to be ‘‘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.
L. Effective Date
Under the procedure set forth in
section 104(b)(4)(B) of the CPSIA, when
a voluntary standard organization
revises a standard upon which a
consumer product safety standard was
based, 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. The
Commission is taking neither of those
actions with respect to the standard for
children’s folding chairs and stools.
Therefore, ASTM F2613–21 will
automatically take effect as the new
mandatory standard for children’s
folding chairs and stools on August 21,
2021, which is 180 days after the
Commission received notice of the
revision on February 22, 2021.
M. The 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
16 CFR Part 1112
Consumer protection, Incorporation
by reference, Third party conformity
assessment body requirements, Audit.
16 CFR Part 1130
Administrative practice and
procedure, Business and industry,
Consumer protection, Reporting and
recordkeeping requirements.
16 CFR Part 1232
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Law enforcement, Safety,
Toys.
For the reasons stated in the
preamble, the Commission amends title
16 CFR chapter II as follows:
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26658
Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
■1. The authority citation for part 1112
continues to read as follows:
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
■2. Amend § 1112.15 by revising
paragraph (b)(43) to read as follows:
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
or test method?
* * * * *
(b) * * *
(43) 16 CFR part 1232, Safety
Standard for Children’s Folding Chairs
and Children’s Folding Stools.
* * * * *
PART 1130—REQUIREMENTS FOR
CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER
PRODUCTS
■3. The authority citation for part 1130
continues to read as follows:
Authority: 15 U.S.C. 2056a, 2065(b).
■4. Amend § 1130.2 by revising
paragraph (a)(13) to read as follows:
§ 1130.2 Definitions.
* * * * *
(a) * * *
(13) Children’s folding chairs and
children’s folding stools;
* * * * *
■5. Revise part 1232 to read as follows:
PART 1232—SAFETY STANDARD FOR
CHILDREN’S FOLDING CHAIRS AND
CHILDREN’S FOLDING STOOLS
Sec.
1232.1 Scope.
1232.2 Requirements for children’s folding
chairs and children’s folding stools.
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a); Sec 3, Pub. L.
112–28, 125 Stat. 273.
§ 1232.1 Scope.
This part establishes a consumer
product safety standard for children’s
folding chairs and children’s folding
stools.
§ 1232.2 Requirements for children’s
folding chairs and children’s folding stools.
Each children’s folding chair and
children’s folding stool shall comply
with all applicable provisions of ASTM
F2613–21, Standard Consumer Safety
Specification for Children’s Chairs and
Stools, approved on February 1, 2021.
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,
P.O. Box C700, West Conshohocken, PA
19428–2959 USA; phone: 610–832–
9585; 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 301–504–7479, email:
cpsc-os@cpsc.gov, 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.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2021–10293 Filed 5–14–21; 8:45 am]
BILLING CODE 6355–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
29 CFR Part 2204
Rules Implementing the Equal Access
to Justice Act
AGENCY
: Occupational Safety and Health
Review Commission.
ACTION
: Final rule.
SUMMARY
: The Occupational Safety and
Health Review Commission (‘‘OSHRC’’)
is amending its procedural rules
implementing the Equal Access to
Justice Act (‘‘EAJA’’). The amendments
closely conform with new model rules
from the Administrative Conference of
the United States.
DATES
: Effective May 17, 2021.
FOR FURTHER INFORMATION CONTACT
:
Carter Tellinghuisen, Attorney-Advisor,
Office of the General Counsel, by
telephone at (202) 606–5410 ext. 211, by
email at ctellinghuisen@oshrc.gov, or by
mail at 1120 20th Street NW, Ninth
Floor, Washington, DC 20036–3457.
SUPPLEMENTARY INFORMATION
: OSHRC
published a notice of proposed
rulemaking on March 8, 2021, 86 FR
13251, which announced revisions to
the Commission’s rules of procedure
implementing EAJA, 29 CFR part 2204,
and invited interested persons to submit
written comments. OSHRC received no
public comments. Accordingly, the
Commission now adopts the proposed
rule as the agency’s final rule, with one
technical amendment to correct a
typographical error in § 2204.301(c).
I. Revisions to Part 2204
EAJA directs Federal agencies to
consult with the Administrative
Conference of the United States
(‘‘ACUS’’) to develop procedural rules
to implement the provisions of the
statute. 5 U.S.C. 504(c)(1). On August 8,
2019, ACUS published Revised Model
Rules for Implementation of the Equal
Access to Justice Act to reflect
subsequent amendments to the law and
practice, and to promote greater
accuracy and clarity. 84 FR 38934
(August 8, 2019). The Commission is
amending its procedural rules in line
with the amendments made by ACUS to
the model rules.
ACUS summarized and explained its
amendments in the preamble to the
amended model rules and in
Administrative Conference
Recommendation 2019–4. 84 FR 38934,
38934 (August 8, 2019); 84 FR 38927,
38933 (August 8, 2019). To the extent
applicable, the Commission relies upon
the rationale ACUS provided in those
documents as the basis for the
amendments to the Commission’s rules.
In addition, the Commission has
determined that an adjustment for
increases in the cost of living is
appropriate in considering an
applicant’s request for attorney or agent
fees. Accordingly, pursuant to 5 U.S.C.
504(b)(1)(A), the Commission revises
§§ 2204.303 and 2204.406(c)(2) to allow
an applicant to request, with supporting
documentation, an increase in hourly
fees to account for inflation as measured
by the consumer price index in the
relevant locality.
II. Statutory and Executive Order
Reviews
Executive Orders 12866 and 13132,
and the Unfunded Mandates Reform
Act of 1995: The Review Commission is
an independent regulatory agency and,
as such, is not subject to the
requirements of E.O. 12866, E.O. 13132,
or the Unfunded Mandates Reform Act,
2 U.S.C. 1501 et seq.
Regulatory Flexibility Act: Pursuant to
5 U.S.C. 605(a), a regulatory flexibility
analysis is not required because these
rules concern ‘‘interpretative rules,
general statements of policy, or rules of
agency organization, procedure, or
practice’’ under 5 U.S.C. 553(b).
Paperwork Reduction Act of 1995:
The Review Commission has
determined that the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
does not apply because these rules do
not contain any information collection
requirements that require the approval
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