Safety Standard for Gates and Enclosures

Citation86 FR 53535
Record Number2021-20851
Published date28 September 2021
SectionRules and Regulations
CourtConsumer Product Safety Commission
Federal Register, Volume 86 Issue 185 (Tuesday, September 28, 2021)
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
                [Rules and Regulations]
                [Pages 53535-53539]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-20851]
                ========================================================================
                Rules and Regulations
                 Federal Register
                ________________________________________________________________________
                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.
                ========================================================================
                Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 /
                Rules and Regulations
                [[Page 53535]]
                CONSUMER PRODUCT SAFETY COMMISSION
                16 CFR Part 1239
                [Docket No. CPSC-2019-0014]
                Safety Standard for Gates and Enclosures
                AGENCY: Consumer Product Safety Commission.
                ACTION: Direct final rule.
                -----------------------------------------------------------------------
                SUMMARY: 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 Commission's 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 ASTM's
                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 the Federal Register
                as of January 2, 2022.
                ADDRESSES: You can submit comments, identified by Docket No. CPSC-2019-
                0014, 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. CPSC typically does not accept
                comments submitted by electronic mail (email), except through https://www.regulations.gov. 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, 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: [email protected].
                 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
                mail/hand delivery/courier 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-2019-0014, into the ``Search'' box, and follow the
                prompts.
                FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, U.S.
                Consumer Product Safety Commission, 4330 East-West Highway, Bethesda,
                MD 20814; telephone (301) 504-7814; email: [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background
                A. Statutory Authority
                 Section 104(b)(1) 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 it 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.
                 Section 104(b)(4)(B) of the CPSIA specifies the process for when a
                voluntary standards organization revises a standard that the Commission
                incorporated by reference under section 104(b)(1). First, the voluntary
                standards organization must notify the Commission of the revision. Once
                the Commission receives this notification, the Commission may reject or
                accept the revised standard. The Commission may reject the revised
                standard by notifying the voluntary standards organization that it has
                determined that the revised standard does not improve the safety of the
                consumer product and that it is retaining the existing standard. When
                rejecting a revision, the Commission must notify the voluntary
                standards organization of this determination within 90 days of
                receiving notice of the revision. If the Commission does not take this
                action to reject the 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. 2056a(b)(4)(B).
                B. Safety Standard for Gates and Enclosures
                 On July 6, 2020, under section 104 of the CPSIA, the Commission
                published a final rule that incorporated by reference ASTM F1004-19,
                Standard Consumer Safety Specification for Expansion Gates and
                Expandable Enclosures, as the mandatory standard for gates and
                enclosures, with modifications to the standard to further reduce the
                risk of injury. 85 FR 40100. Modifications in the final rule included
                the following
                [[Page 53536]]
                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 30- pound push-out force test in the standard, the gates must use
                visual side-pressure 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 ``self-supporting
                barrier[s] intended to completely surround an area or play-space 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 104(b)(4)(B)
                of the CPSIA, the Commission reviewed ASTM F1004-21 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 CPSC's review of ASTM
                F1004-21,\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
                F1004-21 are identical to 16 CFR part 1239, and thus, the revisions are
                neutral when compared with 16 CFR part 1239. Accordingly, by operation
                of law under section 104(b)(4)(B) of the CPSIA, ASTM F1004-21 will
                become the mandatory consumer product safety standard for gates and
                enclosures on January 2, 2022.\3\ 15 U.S.C. 2056a(b)(4)(B). This direct
                final rule updates 16 CFR part 1239 to incorporate by reference the
                revised voluntary standard, ASTM F1004-21, without modification.
                ---------------------------------------------------------------------------
                 \1\ Until the standard becomes effective on January 2, 2022, a
                read-only copy of ASTM's standard is available at: https://www.astm.org/CPSC.htm. After the effective date of the revised part
                1239, ASTM F1004-21 becomes the mandatory standard for gates and
                enclosures, and it will be available, to read only, at: https://www.astm.org/READINGLIBRARY/.
                 \2\ CPSC staff's briefing memorandum regarding ASTM F1004-21 is
                available at: https://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-Gates-and-Enclosures.pdf?VersionId=PDxzSc9QGGUVWWsdoLv1iAAl19Fd6P6Y.
                 \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. 2056a(b)(4)(B). In this case, 180 days from the
                July 6, 2021 notice date is January 2, 2022.
                ---------------------------------------------------------------------------
                II. Description of ASTM F1004-21
                 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 F1004-
                19. The June 2021 revision to the voluntary standard, ASTM F1004-21,
                includes editorial and substantive provisions.
                 ASTM made minor and editorial changes throughout ASTM F1004-21
                including the following examples:
                 Hyphenating multiple terms used as adjectives, such as
                ``single-action,'' ``pressure-mounted,'' ``partially-bounded,'' 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 F1004-21 to harmonize with the current mandatory
                standard for gates and enclosures codified in 16 CFR part 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 ``side-pressure'' and ``visual side-
                pressure indicators,'' which are identical to those in 16 CFR
                1239.2(b)(2)(i) 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
                1239.2(b)(4)(i);
                 (c) Added a new section, 6.8, specifying requirements for visual
                side-pressure indicators. This section is substantially identical to
                the requirements in 16 CFR 1239.2(b)(3)(i) 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 1239.2(b)(8)(i); 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 1239.2(b)(9)(i).
                 (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
                1239.2(b)(7)(i) 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 1239.2(b)(1)(i), 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 104(b)(4)(B), unless the Commission determines
                that ASTM's 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 F1004-21
                is substantially identical to 16 CFR part 1239. Accordingly, ASTM
                [[Page 53537]]
                F1004-21 is safety neutral when compared to 16 CFR part 1239. The
                Commission will allow ASTM F1004-21 to become the mandatory standard
                for gates and enclosures, and is updating 16 CFR part 1239 to reference
                this most recent updated voluntary standard, without modification.
                III. Incorporation by Reference
                 Section 1239.2 of the direct final rule incorporates by reference
                ASTM F1004-21. 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, section II. Description of
                ASTM F1004-21 of this preamble summarizes the major and revised
                provisions of ASTM F1004-21 that the Commission incorporates by
                reference into 16 CFR part 1239.\4\ The standard is reasonably
                available to interested parties in several ways. Interested parties can
                purchase a copy of ASTM F1004-21 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 F1004-21 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, 4330 East-West Highway,
                Bethesda, MD 20814, telephone: 301-504-7479; email: [email protected].
                ---------------------------------------------------------------------------
                 \4\ A detailed description of ASTM F1004-19 and the
                modifications made by the Commission in the final rule are also
                available in the final rule for gates and enclosures at 85 FR at
                40104-05.
                ---------------------------------------------------------------------------
                IV. 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 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 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 gates and enclosures are children's products, a CPSC-
                accepted third party conformity assessment body must test samples of
                the products for compliance with 16 CFR part 1239. Products subject to
                part 1239 also must comply with all other applicable CPSC requirements,
                such as the lead content requirements in section 101 of the CPSIA,\5\
                the phthalates prohibitions in section 108 of the CPSIA \6\ and 16 CFR
                part 1307, the tracking label requirements in section 14(a)(5) of the
                CPSA,\7\ and the consumer registration form requirements in section
                104(d) of the CPSIA.\8\
                ---------------------------------------------------------------------------
                 \5\ 15 U.S.C. 1278a.
                 \6\ 15 U.S.C. 2057c.
                 \7\ 15 U.S.C. 2063(a)(5).
                 \8\ 15 U.S.C. 2056a(d).
                ---------------------------------------------------------------------------
                V. 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 (third party
                labs) for testing gates and enclosures, and codified the requirement at
                16 CFR 1112.15(b)(49). 85 FR at 40112. The NOR provided the criteria
                and process for CPSC to accept accreditation of third party labs for
                testing gates and enclosures to 16 CFR part 1239. Id. The Commission
                codified NORs for all mandatory standards for durable infant or toddler
                products in ``Requirements Pertaining to Third Party Conformity
                Assessment Bodies,'' 16 CFR part 1112.
                 Because ASTM F1004-21 is substantially identical to the existing
                mandatory standard for gates and enclosures, the Commission considers
                third party labs that are currently CPSC-accepted for 16 CFR part 1239
                to have demonstrated competence to test gates and enclosures to the
                revised ASTM F1004-21, as incorporated into part 1239. Third party labs
                have already begun testing to part 1239 when it became effective on
                July 6, 2021. Accordingly, the existing accreditations that the
                Commission has accepted for testing to this standard will cover testing
                to the revised standard. The existing NOR for the Safety Standard for
                Gates and Enclosures will remain in place, and CPSC-accepted third
                party labs are expected to update the scope of the third party lab's
                accreditations to reflect the revised gates and enclosure standard in
                the normal course of renewing their accreditations.
                VI. 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). The Commission concludes that
                when it updates a reference to an ASTM standard that the Commission
                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 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 F1004-21 to become CPSC's new 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 terms of the CPSIA, ASTM F1004-21
                takes effect as the new CPSC standard for gates and enclosures, 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 rule under section 104(b)
                of the CPSIA. Under these circumstances, notice and comment are
                unnecessary.
                 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
                [[Page 53538]]
                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.
                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 January 2,
                2022. 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 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.
                VII. 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 section
                VI. 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. The Commission 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.
                VIII. Paperwork Reduction Act
                 The current mandatory standard for gates and enclosures 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 for gates and enclosures does not alter these requirements.
                The Commission took the steps required by the PRA for information
                collections when it adopted 16 CFR part 1239, 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.
                IX. 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)(2). This rule falls within the categorical exclusion, so no
                environmental assessment or environmental impact statement is required.
                X. 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.
                XI. Effective Date
                 Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
                when a voluntary standards 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 revised standard for gates and
                enclosures. Therefore, ASTM F1004-21 automatically will take effect as
                the new mandatory standard for gates and enclosures on January 2, 2022,
                180 days after the Commission received notice of the revision on July
                6, 2021. 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 January 2, 2022.
                XII. 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 CRA 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, CPSC
                will submit the required information to each House of Congress and the
                Comptroller General.
                List of Subjects in 16 CFR Part 1239
                 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 1239--SAFETY STANDARD FOR GATES AND ENCLOSURES
                0
                1. Revise the authority citation for part 1239 to read as follows:
                 Authority: 15 U.S.C. 2056a.
                0
                2. Revise Sec. 1239.2 to read as follows:
                Sec. 1239.2 Requirements for gates and enclosures.
                 Each gate and enclosure shall comply with all applicable provisions
                of ASTM F1004-21, Standard Consumer Safety Specification for Expansion
                Gates and Expandable Enclosures, approved on May 15, 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 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
                West Conshohocken, PA 19428-2959; 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
                [[Page 53539]]
                copy at the Division of the Secretariat, U.S. Consumer Product Safety
                Commission, 4330 East-West Highway, Bethesda, MD 20814, telephone (301)
                504-7479, email: [email protected], or at the National Archives and
                Records Administration (NARA). For information on the availability of
                this material at NARA, email [email protected], or go to:
                www.archives.gov/federal-register/cfr/ibr-locations.html.
                Alberta E. Mills,
                Secretary, Consumer Product Safety Commission.
                [FR Doc. 2021-20851 Filed 9-27-21; 8:45 am]
                BILLING CODE 6355-01-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT