Safety Standard for High Chairs
| Published date | 02 April 2021 |
| Citation | 86 FR 17296 |
| Record Number | 2021-06419 |
| Section | Rules and Regulations |
| Court | Consumer Product Safety Commission |
Federal Register, Volume 86 Issue 62 (Friday, April 2, 2021)
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Rules and Regulations]
[Pages 17296-17302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06419]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1231
[Docket No. CPSC-2015-0031]
Safety Standard for High Chairs
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In June 2018, the U.S. Consumer Product Safety Commission
(CPSC) published a consumer product safety standard for high chairs
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 high chairs at the time. 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 December
2020, ASTM published a revised voluntary standard for high chairs, and
it notified the Commission of this revised standard in January 2021.
This direct final rule updates the mandatory standard for high chairs
to incorporate by reference ASTM's 2020 version of the voluntary
standard for high chairs.
DATES: The rule is effective on July 3, 2021, unless CPSC receives a
significant adverse comment by May 3, 2021. If CPSC receives such a
comment, it 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 July 3, 2021.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2015-
0031, 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, 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:
[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-2015-0031, 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: [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
[[Page 17297]]
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 High Chairs
In June 2018, under section 104(b)(1) of the CPSIA, the Commission
adopted a mandatory rule for high chairs, codified in 16 CFR part 1231.
The rule incorporated by reference ASTM F404-18, Standard Consumer
Safety Specification for High Chairs, without modification. 83 FR 28358
(June 19, 2018). At the time the Commission published the final rule,
ASTM F404-18 was the current version of the voluntary standard.
On April 3, 2019, ASTM notified CPSC that it had issued a revised
standard for high chairs, ASTM F404-18a, which added a new subsection
6.5.1 to exempt high chairs intended for infants who are unable to sit
upright unassisted (birth to approximately 6 months of age) or weigh 20
lbs or less (reclined seat high chairs) from sections 6.5.2. Forward
and Sideways Stability, 6.5.3. Rearward Stability, and 6.5.4 Stability
with Child Climbing into Chair. In accordance with the procedures set
out in section 104(b)(4)(B) of the CPSIA, staff reviewed the revised
standard to determine whether ASTM F404-18a improved the safety of high
chairs. Staff concluded that the addition of subsection 6.5.1 was a
substantive change to ASTM F404-18 that did not improve the safety of
high chairs.
In the June 5, 2019 staff briefing memorandum, staff explained that
the stability requirements in ASTM F404-18 address stability as the
child occupant moves within and about the chair, and from external
forces on the chair, such as sibling or caregiver interactions. ASTM
developed these stability requirements because high chairs are intended
for use by mobile children, up to 3 years of age. ASTM's rationale for
exempting reclined seat high chairs from stability requirements was
that the test methods in ASTM F404-18 could not be conducted on these
products, as required in the standard. Staff's briefing memorandum
stated that ASTM's assertion that stability testing could not be done
on reclined seat high chairs was inaccurate, because staff was able to
test such products under the standard's existing stability
requirements.
Staff's briefing memorandum also expressed concern that exempting
high chairs and high chair accessories intended for children who are
unable to sit upright unassisted (birth to approximately 6 months of
age) from stability requirements was not consistent with other product
standards that are intended for the same age group, such as bouncers
and bassinets, which also are intended for young infants, but are
tested to stability requirements to prevent tipovers. Tipover
requirements in the bouncers and bassinets standards (16 CFR parts 1229
and 1218, respectively) are intended to address tipovers caused by the
infant user moving within the product (bouncers), as well as external
forces (bassinets), such as sibling or caregiver interactions with the
product. Moreover, staff's review of high chair incident data showed
that tipover incidents resulting from occupant movement within the high
chair, or from external forces, such as a sibling or caregiver acting
on the high chair, do occur with children 6 months and younger.
Based on staff's recommendation, the Commission voted not to adopt
the revised voluntary standard and maintained the mandatory standard
based on ASTM F404-18.\1\ Staff notified ASTM of the Commission's
decision to retain ASTM F404-18 on June 19, 2019.
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\1\ https://www.cpsc.gov/s3fs-public/Update%20to%20Voluntary%20Standard%20for%20High%20Chairs.pdf?5nvjyCgQrNh.pQhwmCtd85aQJjc2mohX.
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On January 4, 2021, ASTM notified CPSC that it had again revised
the voluntary standard for high chairs, approving ASTM F404-20 on
October 1, 2020.\2\ As this preamble discusses, based on CPSC staff's
review of ASTM F404-20,\3\ the Commission will allow the revised
voluntary standard to become the mandatory standard because the revised
requirements in the voluntary standard either improve the safety of
high chairs, or are safety neutral. Accordingly, by operation of law
under section 104(b)(4)(B) of the CPSIA, ASTM F404-20 will become the
mandatory consumer product safety standard for high chairs on July 3,
2021.\4\ 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16
CFR part 1231 to incorporate by reference the revised voluntary
standard, ASTM F404-20.
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\2\ ASTM published ASTM F404-20 in December 2020. Until the
standard becomes effective on July 3, 2021, 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 1231, ASTM F404-20
becomes the mandatory standard for high chairs, and it will be
available, to read only, at: https://www.astm.org/READINGLIBRARY/.
\3\ CPSC staff's briefing memorandum regarding ASTM F404-20 is
available at: https://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-High-Chairs.pdf?_dFed3_8cTsV0J0TTVXk4oCRCWUGxsPx.
\4\ 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
January 4, 2021 notice date is July 3, 2021.
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II. Description of ASTM F404-20
The ASTM standard for high chairs includes performance
requirements, test methods, and requirements for warning labels and
instructional literature, to address hazards to infants and children
associated with high chairs. ASTM has revised the voluntary standard
for high chairs twice since ASTM F404-18, which is the current
mandatory standard. Section I.B of this preamble explains that the
Commission previously rejected a revised high chair voluntary standard,
ASTM F404-18a, in 2019, because the standard exempted reclined seat
high chair products from stability testing. The latest revision, ASTM
F404-20, now includes stability testing for these products, developed
in conjunction with CPSC staff. Accordingly, the Commission will allow
ASTM F404-20 to become the mandatory standard, and is updating 16 CFR
part 1231 to reference this most recent updated voluntary standard.
This section describes the changes in ASTM F404-20 compared to ASTM
[[Page 17298]]
F404-18. On October 1, 2020, ASTM approved a revised version of the
standard, ASTM F404-20. In accordance with CPSIA section 104(b)(4)(B),
ASTM notified CPSC of this revision on January 4, 2021. ASTM F404-20
includes several substantive changes, several revisions to clarify
existing requirements, and editorial revisions that do not alter
substantive requirements in the standard or affect safety.
A. Substantive Revisions
ASTM F404-20 contains substantive revisions from the current
mandatory standard to distinguish performance requirements and test
methods for two types of high chairs: (1) ``[h]igh chairs and high
chair accessories that have adjustment positions that, per the
manufacturer's instructions, are recommended for use only for children
able to sit upright unassisted (approximately 6 months of age) or
weighing more than 20 lb (9.1 kg)'' (hereinafter referred to as upright
seat high chairs) and (2) ``[h]igh chairs and high chair accessories
that have adjustment positions that are manufacturer's recommended use
positions for use with children who are unable to sit upright
unassisted (birth to approximately 6 months of age) or weigh 20 lb (9.1
kg) or less, when adjusted into the most onerous manufacturer's
recommended use and/or adjustment position for each direction to be
tested'' (hereinafter referred to as reclined seat high chairs).
Primarily, ASTM F404-20 provides new performance requirements and
associated test methods to test the stability of reclined seat high
chairs.
1. Performance Requirements
CPSC staff worked closely with ASTM to help develop new stability
testing requirements for reclined seat high chair products. In November
2018, CPSC staff tested six reclined seat high chair products to
proposed stability requirements from a manufacturer who expressed
concerns about the ability to test reclined seat high chairs. In March
2019, CPSC staff hosted an ASTM reclined seat high chair task group
meeting at CPSC's laboratory in Rockville, Maryland, where staff
demonstrated testing on reclined seat high chair products. The task
group decided to explore the idea of using the stability test from the
bassinet and cradle standard to develop stability requirements for
reclined seat high chair products because this test addresses the tip
over hazard that was most concerning to both ASTM and CPSC staff: The
interaction of a sibling or caregiver pulling on the reclined seat
product. The task group presented the idea of developing a test for
reclined seat high chairs that is similar to the bassinet stability
testing at the ASTM subcommittee teleconference on April 4, 2019. This
idea ultimately was the basis of the new stability requirements for
reclined seat products in ASTM F404-20.
Substantively, ASTM F404-20 improves the safety of high chairs
because it adds a new stability requirement and test method for
reclined seat high chairs. Table 1 below summarizes the differences
between ASTM-F404-18 and ASTM F404-20 with regard to stability testing
in section 6.5 of ASTM F404 (changes are highlighted in bold).
Table 1--Stability Performance Requirements: Comparison of F404-18 to F404-20
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Section F404-18 F404-20
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6.5........................... Stability.................... Stability
6.5.1......................... Forward and Sideways High chairs and high chair accessories that have
Stability--A high chair adjustment positions that, per the
shall not tip over when manufacturer's instructions, are recommended for
setup as defined in 7.7.2.1- use only for children able to sit upright
7.7.2.3, and then when unassisted (approximately 6 months of age) or
forces are applied in weighing more than 20 lb (9.1 kg) shall comply
accordance with 7.7.2.4 and with 6.5.1.1 to 6.5.1.3. in all those
7.7.2.5. manufacturer's recommended use and adjustment
positions.
6.5.1.1....................... ............................. Forward and Sideways Stability--A high chair
shall not tip over when setup as defined in
7.7.2.1-7.7.2.3, and then when forces are
applied in accordance with 7.7.2.4 and 7.7.2.5.
6.5.1.2....................... ............................. Rearward Stability--When setup as defined in
7.7.2.1- 7.7.2.3, and then tested in accordance
with 7.7.2.6, the high chair shall have a
Rearward Stability Index of 50 or more.
6.5.1.3....................... ............................. Stability with Child Climbing into Chair--A high
chair shall not tip over when tested in
accordance with 7.7.4.
6.5.2......................... Rearward Stability--When High chairs and high chair accessories that have
setup as defined in 7.7.2.1- adjustment positions that are manufacturer's
7.7.2.3, and then tested in recommended use positions for use with children
accordance with 7.7.2.6, the who are unable to sit upright unassisted (birth
high chair shall have a to approximately 6 months of age) or weigh 20 lb
Rearward Stability Index of (9.1 kg) or less, when adjusted into the most
50 or more. onerous manufacturer's recommended use and/or
adjustment position for each direction to be
tested, shall not tip over and shall retain the
CAMI dummy when tested in accordance with 7.7.3,
in the forward, rearward, and sideways
directions.
6.5.3......................... Stability with Child Climbing
into Chair--A high chair
shall not tip over when
tested in accordance with
7.7.3.
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2. Stability Test Methods
ASTM F404-18 requires testing a high chair for stability in the
forward, rearward, and sideways directions, requiring that the chair
not tip over as the child occupant, up to 3 years of age, moves within
the chair. Because this test was intended for upright seat high chairs
designed for children up to 3 years old, the test places a total of 40-
lb weights (two 20-lb weights), to simulate the weight of a 95th
percentile 36-month-old, on the seat of the high chair to simulate a
child in the seat, which acts as a counter-balance when horizontal
forces are applied in the forward, rearward and sideways directions.
The forces applied are designed to simulate the forces that the child
occupant would exert on the high chair by moving within the seat of the
product.
For reclined seat high chairs, the ASTM subcommittee concluded that
this stability testing developed for upright seat high chairs was
inadequate, because the child's counter-balance load is different,
based on the intended weight range for reclined seat products.
[[Page 17299]]
Stability testing for upright seat high chairs uses a 40-lb counter-
balance weight, because the weight range is for children weighing more
than 20 lbs. This 40-lb counter-balance weight would not effectively
test the stability of reclined seat high chair products that are
intended for lower-weight infants from birth (~7 lb) to 20 lbs, because
a 40-lb counter-balance weight would make the reclined seat high chair
product more stable than a 20-lb counter-balance weight. A 20 lb
counter-balance weight is a more stringent weight to test stability for
high chairs intended for lower weight children. Moreover, the seat
recline affects both the seat back and the seat bottom, causing the
center of mass to be distributed differently than with an upright seat
high chair. Weight distribution in reclined seat high chairs is more
towards the seat back, whereas weight distribution in upright seat high
chairs is more towards the seat bottom. Finally, due to the inclined
seat design, test engineers had difficulty placing the 40 lb test
weight in the seat to conduct stability testing.
Because of these design differences, ASTM developed a new testing
methodology for reclined seat high chairs, in collaboration with CPSC
staff. After evaluating several test methods, the task group decided
that the stability testing from the bassinet standard was most
appropriate to test reclined seat high chairs. Instead of using a
weight to simulate a child as a counter-balance in the seat, the new
stability test uses a CAMI Newborn Dummy (7.5 lb). The anthropomorphic
CAMI Newborn Dummy better fits the reclined seat, and the weight is
better distributed within the high chair than with the barbell type
weights used to test upright seat high chairs. Also, the test engineer
can more easily locate the points on the reclined seat high chair to
place the loads around the chair. Using the CAMI Newborn Dummy instead
of weights resulted in more repeatable and consistent test results.
Given that reclined seat high chairs are designed for infants in a
lower age/weight range (birth to 20 lbs), who have limited moving
capabilities, these infants are unlikely to create instability issues
by themselves. Instead, instability for reclined seat high chair
products would likely come from external sources (e.g., caregivers
bumping into the chair and/or siblings pulling on the chair).
Accordingly, for reclined seat products, the new stability test method
in section 7.7.3 of ASTM F404-20 adopts stability requirements and
testing from the bassinet standard, ASTM F2194-16e1, which was designed
to test siblings interacting with the product. Section 7.4 of ASTM
F404-20 uses the CAMI Newborn Dummy as the counter-balance weight in
the reclined seat high chair to simulate external forces that may tip
the product over, such as a sibling pulling down on the edge of the
product. This test employs a dual application of horizontal and
vertical forces to simulate application of an angled load; the
combination of the weights and forces in the testing simulate the mean
strength of a 2-year-old pulling on the product.
Following is a description of each new stability test method for
reclined seat high chair products:
7.7.3.4 Forward Stability, requires that a 23-lb weight be
hung onto the forward-most edge of the high chair seat or tray. The
high chair must not tip over while this load is maintained, and then a
horizontal force of 5 lb is applied outward from the center of the
seat, at the same location as the 23-lb weight.
7.7.3.5 Rearward Stability, requires that a 23-lb weight
be hung onto the rearmost edge of the seat. The high chair must not tip
over while this load is maintained, and then a horizontal force of 5 lb
is applied outward from the center of the seat, at the same location as
the 23-lb weight.
7.7.3.6 Sideways Stability, requires that a 23-lb weight
be hung onto the outermost point of the frame on the side being tested.
The high chair must not tip over while this load is maintained and then
a horizontal force of 5 lb is applied from the center of the seat, at
the location as the 23-lb weight.
The Commission concludes that new stability performance and test
methods for reclined seat high chairs improve the safety of high
chairs, because these tests are designed to address tipover hazards
associated with infant users moving within the product and external
forces like a sibling or caregiver interacting with the product.
Additionally, use of the 7.5-lb CAMI Newborn Dummy provides a more
stringent test for the tipover hazard. The test is more stringent
because a lighter weight provides less of a counter-balance in
assessing external forces acting on the reclined seat high chair
products than the heavier 40-lb weight used to test upright seat high
chairs intended for children up to 3 years old.
3. Static Load Test Methods
a. High Chair Seat
ASTM F404-18, the current mandatory standard, requires a static
load test for high chair seats. The test requires the high chair seat
to support static loads without causing any hazardous conditions, such
as collapsing or breaking.
ASTM F404-20 splits into two parts section 7.6.1 Seat Static Load
Test to separate the test method intended for upright seat high chairs
in section 7.6.1.1, from a new test method intended for reclined seat
high chairs in section 7.6.1.2. Separating test requirements by product
type allows for static load testing requirements based on the weight of
the child the seat was intended to hold. Accordingly, section 7.6.1.2
of ASTM F404-20, for reclined seat high chairs, uses half the test
weight compared to section 7.6.1.1, for upright seat high chairs, to
test for collapse (50 lbs applied over 60 seconds, compared to 100 lbs
applied over 60 seconds in section 7.6.1.1).
The rationale for the 100-lb load for the upright seat high chair
static load test is that it represents 2.5 times that of the maximum
occupant's weight of 40 lbs. The test weight for reclined seat high
chairs in section 7.6.1.2 follows this same rationale, using a 50-lb
load weight, which is 2.5 times the maximum occupant's weight of 20
lbs. Lowering the static load test weight for products intended for
lower-weight occupants provides the same level of safety for both
upright and reclined seat high chairs, because the respective weights
represent the maximum intended occupant weights for each product type.
Accordingly, because both types of high chairs in section 7.6.1 use the
same weight ratio to test the static load, this change is neutral to
the safety of high chairs.
b. Step/Footrest
The current mandatory standard, ASTM F404-18, requires that a step
or footrest shall support static loads without causing any hazardous
conditions, such as collapsing and breaking. This step/footrest static
load test is designed to test that the step/foot rest of the high chair
will not collapse under the weight of the child climbing into the high
chair. Section 7.6.2 Step/Footrest Static Load Test of ASTM F404-20 has
a new section, 7.6.2.1, which exempts high chairs intended for children
weighing less than 20 lbs from the step/footrest static load testing
requirement, because infants who weigh less than 20 lbs would not be
mobile enough to climb into the high chair using the step/footrest.
Staff states that they are unaware of any incidents involving step/
footrest collapse with children who weigh less than 20 lbs, meaning
children 6 months old or younger. Based on this analysis, the
[[Page 17300]]
Commission concludes that this change is neutral to the safety of high
chairs.
c. High Chair Tray
Currently, in ASTM F404-18, the intent of the tray static load test
is to ensure that a high chair tray does not collapse under the weight
of the child occupant if placed there temporarily while the caregiver
is putting the child into the high chair. ASTM F404-20, section 7.6.3
Tray Static Load Test, separates the tray static load test into two
parts: Section 7.6.3.1 describes testing high chairs intended for
children weighing more than 20 lbs (9 kg), and section 7.6.3.2
describes testing high chairs intended for children weighing 20 lbs or
less. Because high chairs intended for infants who weigh 20 lbs or less
would have less of a static load to cause collapse of the high chair
tray, section 7.6.3.2 uses half the test weight of the tray static load
test for high chairs intended for children who weight more than 20 lbs
(25 lbs applied over 60 seconds, compared to 50 lbs applied over 60
seconds in section 7.6.3.1).
As with the high chair seat static load testing, ASTM F404-20
requires that both types of high chairs be tested to the same level of
safety, because load testing is adjusted based on the maximum weight of
the child occupant. Accordingly, this change is neutral to the safety
of high chairs because differentiating the tray static load test based
on the weight of the intended child occupant does not reduce the level
of safety for high chair products.
4. Dynamic High Chair Test Methods
ASTM F404-18 requires that all high chairs meet a dynamic high
chair test, which is intended to address the collapse of a high chair
when an older child (up to 3 years old) bounces up and down in the
chair. Section 7.10.1 of ASTM F404-20 adds an exemption from this test
for high chairs intended for use with children weighing 20 lbs or less.
ASTM's rationale for the exemption is that lower weight users of the
product will not be mobile enough to bounce significantly in the high
chair, or bear enough weight to cause the high chair to collapse. Staff
is unaware of incidents of high chair collapse due to lower weight
children, 6 months old and younger, bouncing in the product.
Accordingly, this change is neutral to the safety of high chairs,
because exemption of high chairs intended for children weighing 20 lbs
or less from dynamic testing is unlikely to reduce the level of safety
for these products, given that these high chairs are intended for use
by infants with limited mobility.
B. Non-Substantive Changes
ASTM F404-20 also includes minor additions and revisions that are
editorial and do not alter any substantive requirements in the
standard. Because they do not change any substantive requirements,
these revisions are neutral regarding the safety of high chairs.
1. Referenced Documents
Section 2 of ASTM F404-20 lists other standards referenced in F404.
Section 2.3 of ASTM F404-20, ANSI standards, was revised to include a
reference to ANSI Z535.1 Safety Colors. This revision was made to be
consistent with other ASTM standards that reference the ANSI standard
for safety colors for use in distinguishing warning labels.
Additionally, section 2.4 of ASTM F404-20, Other references, adds a
reference to new test equipment, the CAMI Infant Dummy Mark II and the
CAMI Newborn Dummy, which are used in the new stability testing for
reclined seat high chair products. Staff considers these changes to be
neutral to the safety of high chairs, because they are editorial in
nature and do not substantively alter requirements in the standard.
2. Terminology
Section 3.1.7.2 of ASTM F404-20, Discussion, includes a new note
stating that a product that has an elevated seat and is designed or
promoted for eating and feeding, or shown near a dining table would be
considered within the scope of the high chair standard. Staff considers
this change to be neutral to the safety of high chairs, because it
provides further discussion on the definition of ``high chairs,'' but
does not alter the definition, nor change the scope of the standard.
Other changes in Terminology include changing the term ``free
standing'' to ``free-standing,'' and in section 3.1.21, revising the
definition of ``static load,'' as follows:
3.1.21 static load, n--vertically downward force load applied by a
calibrated force gauge or by dead weights. weights or other means.
These changes in terminology are neutral to the safety of high
chairs because they are editorial in nature and do not substantively
alter the definitions.
3. Calibrations and Standardizations, General Requirements, and
Performance Requirements
ASTM made a few editorial changes to the sections of ASTM F404-20
on calibrations and standardizations, general requirements, and
performance requirements, to clarify provisions and to be consistent
with other ASTM standards. For example, ASTM made editorial changes
such as revising ``0.210 in (5 mm)'' to ``0.210-in (5-mm).'' These
revisions are neutral to the safety of high chairs, because they do not
substantively alter the requirements in these sections.
III. Incorporation by Reference
Section 1231.2 of the direct final rule incorporates by reference
ASTM F404-20. 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 F404-20 of this preamble summarizes the major provisions of ASTM
F404-20 that the Commission incorporates by reference into 16 CFR part
1231. The standard is reasonably available to interested parties and
interested parties can purchase a copy of ASTM F404-20 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
F404-20 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: [email protected].
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
[[Page 17301]]
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 high chairs are children's products, a CPSC-accepted third
party conformity assessment body must test samples of the products for
compliance with part 1231. Products subject to part 1231 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\
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\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).
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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 high chairs, and codified the requirement at 16 CFR
Sec. 1112.15(b)(44). 83 FR at 28368-70. The NOR provided the criteria
and process for CPSC to accept accreditation of third party labs for
testing high chairs to 16 CFR part 1231. 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.
ASTM F404-20 includes new stability requirements for testing
reclined seat high chairs. We note that the current mandatory standard
based on ASTM F404-18 already requires stability testing for high
chairs intended for children up to 3 years old, such that the
Commission considers third party labs that are currently CPSC-accepted
for 16 CFR part 1231 have demonstrated competence for the new stability
testing for reclined seat high chairs in ASTM F404-20.
Additional testing requirements for reclined seat high chair
products in ASTM F404-20, however, introduce test equipment previously
not required in testing to ASTM F404-18, specifically, a 23-lb weight,
and a CAMI Newborn Dummy. Similar stability testing, with similar
weights and the CAMI Newborn Dummy, are also required in testing to the
mandatory standard for bassinets and cradles, 16 CFR part 1218, based
on ASTM F2194-16e1. Additionally, the CAMI Newborn Dummy is required
test equipment for the mandatory standard for hand-held infant
carriers, 16 CFR part 1225, based on ASTM F2050-16. Currently, 19 third
party labs are CPSC-accepted to test to the Safety Standard for High
Chairs, and 17 of these 19 third party labs are also CPSC-accepted to
test to part 1218 and/or part 1225. Accordingly, only two of the 19
third party labs will likely have to source new test materials to test
to ASTM F404-20.
Based on experience purchasing test equipment, these two third
party labs, one in Singapore and one in Taiwan, should be able to
purchase the necessary weights, as these weights can be as simple as
gym/barbell weights or even weight bags. Additionally, staff advises
that the CAMI Newborn Dummy is available from at least three sources
globally. Because the effective date of the revised high chair standard
is July 3, 2021, these two third party labs have sufficient time to
acquire the necessary test equipment.
Third party labs will begin testing to the new standard when ASTM
F404-20 goes into effect on July 3, 2021, and the existing
accreditations that the Commission has accepted for testing to this
standard will cover testing to the revised standard. Accordingly, the
existing NOR for the Safety Standard for High Chairs 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
high chair 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 F404-20 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 F404-20
takes effect as the new CPSC standard for high chairs, 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 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 July 3, 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.''
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
[[Page 17302]]
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 high chairs 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 high chairs does not alter these requirements. The
Commission took the steps required by the PRA for information
collections when it adopted 16 CFR part 1231, 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 high chairs.
Therefore, ASTM F404-20 automatically will take effect as the new
mandatory standard for high chairs on July 3, 2021, 180 days after the
Commission received notice of the revision on January 4, 2021. As a
direct final rule, unless the Commission receives a significant adverse
comment within 30 days of this document, the rule will become effective
on July 3, 2021.
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 1231
Consumer protection, Imports, Incorporation by reference, Imports,
Infants and children, Law enforcement, Safety, Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1231--SAFETY STANDARD FOR HIGH CHAIRS
0
1. Revise the authority citation for part 1231 to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C.
2056a); Sec 3, Pub. L. 112-28, 125 Stat. 273.
0
2. Revise Sec. 1231.2 to read as follows:
Sec. 1231.2 Requirements for High Chairs.
Each high chair shall comply with all applicable provisions of ASTM
F404-20, Standard Consumer Safety Specification for High Chairs,
approved on October 1, 2020. 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 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: [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. 2021-06419 Filed 4-1-21; 8:45 am]
BILLING CODE 6355-01-P
