Safety Standard for Hand-Held Infant Carriers
| Citation | 85 FR 46000 |
| Record Number | 2020-16137 |
| Published date | 31 July 2020 |
| Section | Rules and Regulations |
| Court | Consumer Product Safety Commission |
Federal Register, Volume 85 Issue 148 (Friday, July 31, 2020)
[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Rules and Regulations]
[Pages 46000-46002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16137]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2012-0068]
16 CFR Part 1225
Safety Standard for Hand-Held Infant Carriers
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule; delay of effective date.
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SUMMARY: On May 20, 2020, the Consumer Product Safety Commission
(Commission, or CPSC) issued a direct final rule revising the CPSC's
mandatory standard for hand-held infant carriers to incorporate by
reference the most recent version of the applicable ASTM standard. We
are publishing this final rule to delay the effective date of the
CPSC's mandatory standard for hand-held infant carriers, due to the
COVID-19 pandemic.
DATES: The effective date for the direct final rule published on May
20, 2020, at 85 FR 30605, is delayed from August 3, 2020, until January
1, 2021.
FOR FURTHER INFORMATION CONTACT: Keysha L. 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: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
On May 20, 2020, the Commission published a direct final rule
(DFR), revising 16 CFR part 1225, the CPSC's mandatory standard for
hand-held infant carriers, to incorporate by reference the most recent
version of the applicable ASTM standard, ASTM F2050-19, Standard
Consumer Safety Specification for Hand-Held Infant Carriers. See 85 FR
30605. The DFR was originally set to become effective by operation of
law on August 3, 2020, unless the Commission received a significant
adverse comment by June 19, 2020.
Since Commission approval of the DFR in April 2020, Executive Order
(E.O.) 13924, ``Regulatory Relief to Support Economic Recovery,'' was
issued on May 19, 2020. 85 FR 31385. E.O. 13924 encourages federal
agencies to address the economic consequences of COVID-19 ``by
rescinding, modifying, waiving, or providing exemptions from
regulations and other requirements that may inhibit economic recovery,
consistent with applicable law and with protection of the public health
and safety.''
B. Delaying the Effective Date of the Rule
CPSC received two comments in response to the DFR notice. Neither
comment is considered to be a ``significant adverse comment.'' \1\
However, one commenter, who was anonymous, noted that in the last few
months, the pandemic has ``caused drastic changes in consumer behavior
and manufacturing capabilities, including reduced sales and otherwise
unforeseen production stoppages.'' The commenter stated: ``As a
consequence, inventory levels of some previously ordered components
have been extended further into the year than typical. Lead times for
new material have also increased as manufacturers struggle to return to
pre-pandemic production output capabilities.'' The commenter recommends
the effective date should be pushed back, ``perhaps as far as to the
end of the calendar year, to allow manufacturers more time to use up
existing inventory before implementing the required changes.''
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\1\ 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.
One commenter asserted that the incorporation by reference process
does not allow the public free access to the law without paying for
the incorporated voluntary standard. CPSC did not consider that
comment to be a significant adverse comment because a copy of the
standard can be inspected at the National Archives and Records
Administration, or at the CPSC, and a read-only copy of the standard
will be available for viewing on the ASTM website at www.astm.org/READINGLIBRARY.
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[[Page 46001]]
This comment is not a considered a significant adverse comment
because it does not challenge the premise or purpose of the underlying
rule. Nevertheless, the Commission recognizes that as a result of the
COVID-19 pandemic, disruptions in the U.S. economy may limit
manufacturers' ability to comply with the new labeling requirements of
ASTM F2050-19.
CPSC staff conducted a review of the safety impact of delaying the
effective date for the revised hand-held infant carriers' standard. As
detailed in the staff briefing package for the DFR,\2\ staff determined
that the changes made by ASTM F2050-19 were either neutral or improved
the safety for hand-held infant carriers. Based on staff's findings,
the Commission allowed the revised voluntary standard to become the
consumer product safety standard for hand-held infant carriers. The
substantive changes adopted by the Commission include:
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\2\ https://cpsc.gov/s3fs-public/ASTM%27s%20Revisions%20to%20Safety%20Standard%20for%20Hand-Held%20Infant%20Carriers.pdf.
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Exempting hand-held bassinets/cradles from the requirement
to display a ``NEVER leave child unattended'' warning message;
Changing the definition of ``hand-held'' infant carriers
to include ``semi-rigid'' infant carriers within the scope of the
standard; and
Including a new warning icon and warning statement
regarding the fall hazard with shopping cart use to be included in
instructional literature.
Staff's review of the impact on safety of delaying the effective
date indicates that the above changes to the standard could be delayed
until the end of the calendar year, consistent with the protection of
public health and safety. Continuing to display a ``NEVER leave child
unattended'' warning message would not adversely impact safety.
Delaying the expansion of the definition of ``hand-held'' infant
carrier in the voluntary standard does not reduce safety because
``semi-rigid'' infant carriers are already included in CPSC's mandatory
standard, 16 CFR 1225(b)(1); the effect of the change to the voluntary
standard is to match the current mandatory standard's definition.
Finally, although the requirement for including the new shopping cart
fall hazard warning in instructional literature would be delayed,
shopping carts that meet ASTM F2372-15, Standard Consumer Safety
Performance Specification for Shopping Carts, will still be required to
display the on-product warning, often on the seat flap, providing an
important safety message addressing the same hazard as the new hazard
warning in the voluntary standard.
Based on staff's safety assessment that indicates delaying the
effective date will not adversely impact safety, and the direction in
E.O. 13294 to address the economic consequences of COVID-19, the
Commission is delaying the effective date of the hand-held carriers'
standard until January 1, 2021. The delayed effective date should
provide manufacturers that are not already compliant with the new
standard the necessary time to comply with the new labeling requirement
of the revised hand-held carriers' standard without negatively
impacting the safety of hand-held infant carriers.
C. The APA and Good Cause Finding
The Commission is issuing this final rule without an additional
opportunity for public comment. Pursuant to section 553(b)(3)(B) of the
Administrative Procedure Act (APA), general notice and the opportunity
for public comment are not required with respect to a rulemaking when
an ``agency for good cause finds (and incorporates the finding and a
brief statement of reasons therefor in the rules issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' \3\
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\3\ 5 U.S.C. 553(b)(3)(B).
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As a result of this rule, the DFR published by the Commission on
May 20, 2020, which revised the Commission's standard for hand-held
infant carriers, will not be reflected in the Code of Federal
Regulations until January 1, 2021. The COVID-19 pandemic has disrupted
economic activity in the United States. E.O. 13294 urges federal
agencies to take actions to reduce regulatory burdens that arise as a
result of the pandemic ``consistent with applicable law and with
protection of the public health and safety.'' As previously discussed
in section B of the preamble, manufacturers may be handicapped in their
ability to comply with the new labeling requirements of the revised
hand-held carriers' standard by the August 3, 2020 effective date set
in the DFR. Therefore, the Commission has determined that delaying the
effective date until January 1, 2021 is warranted, because delaying the
effective date will not have an adverse impact on public health and
safety, and as encouraged by E.O. 13924, it will help reduce regulatory
burdens exacerbated by the pandemic. Delaying the effective date until
January 1, 2021 will allow manufacturers to come into compliance with
the new labeling requirements in the hand-held carriers' standard while
providing regulatory relief to manufacturers impacted by the COVID-19
pandemic. Because of the short time frame until the original August 3,
2020 effective date is scheduled to go into effect, and for the reasons
discussed above, the Commission finds that there is good cause
consistent with the public interest to issue the rule without advance
notice and comment.\4\
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\4\ 5 U.S.C. 553(b)(3)(B); 553(d)(3).
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The APA generally requires a 30-day delayed effective date for
final rules, except for: (1) Substantive rules which grant or recognize
an exemption or relieve a restriction; (2) interpretative rules and
statements of policy; or (3) as otherwise provided by the agency for
good cause.\5\ The Commission believes that the public interest is best
served by having this final rule become effective immediately upon
publication in the Federal Register, instead of the usual 30-day
delayed effective date normally required by the APA. Therefore, the
Commission finds that there is good cause to delay the effective date
of the previously approved change to 16 CFR part 1225 of the
Commission's standard, for the reasons noted above.
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\5\ 5 U.S.C. 553(d).
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D. 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 discussed previously, consistent with
section 553(b)(B) of the APA, the Commission has determined for good
cause that general notice and opportunity for public comment is
unnecessary. Thus, the RFA's requirements relating to initial and final
regulatory flexibility analysis do not apply.
However, the Commission is extending the effective date because
economic disruptions affecting inventory levels could potentially
affect a subset of manufacturers, although the exact number is not
known. Although the cost to firms of having to dispose of an inventory
of out-of-date printed instructions is probably low as a percent of
their total costs or their total revenue, extending the effective date
of the rule may provide some relief to manufacturers who may face
delays in having new materials printed due to backlogs in print shops
or because of
[[Page 46002]]
local stay-at-home restrictions or other delays related to the COVID-19
pandemic. The additional time will allow manufacturers to come into
compliance with the new requirements as they deplete their inventory of
non-compliant materials.
E. Paperwork Reduction Act
The standard for hand-held infant carriers contains information-
collection requirements under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). The revisions 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.
F. 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.
G. 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 ``consumer product safety
rules.'' 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.
H. 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.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2020-16137 Filed 7-30-20; 8:45 am]
BILLING CODE 6355-01-P
