February 24, 2018

On December 15, 2017, the CPSC Published a Final Rule Providing a Safety Standard for Children’s Folding Chairs and Stools (16 CFR 1232)

DATES: This rule will become effective June 15, 2018. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of June 15, 2018.

Background:  On October 19, 2015, the Commission issued a notice of proposed rulemaking (NPR) for children’s folding chairs and stools. 80 FR 63155.  The NPR proposed to incorporate by reference the voluntary standard that was in effect at that time, ASTM F2613–14, Standard Consumer Safety Specification for Children’s Chairs and Stools.  ASTM F2613–14 contained testing and performance requirements for any chair or stool used by a single child who can get in and get out of the product unassisted and with a seat height 15 inches or less with or without a rocking base. The NPR proposed to limit the scope of the mandatory standard to folding chairs and stools because the hazards presented by folding chairs and stools are different from non-folding chairs and stools.

Since the NPR was issued, ASTM has revised ASTM F2613–14 several times.  The current version of the standard is ASTM F2613–17a.  The CPSC is issuing a mandatory safety standard that incorporates by reference the most recent voluntary standard, developed by ASTM International, ASTM F2613–17a, for children’s folding chairs and stools. The CPSC mandatory standard does not include non-folding chairs and stools. The Commission is not making any other modifications to the ASTM standard. As required by section 14 of the Consumer Product Safety Act (CPSA), the final rule amends the list of NORs issued by the Commission in 16 CFR Part 1112 to include the standard for children’s folding chairs and stools. The final rule also amends the product registration rule in 16 CFR Part 1130 to identify children’s folding stools, in addition to children’s folding chairs, as durable infant or toddler products for purposes of consumer product registration requirements.

On December 14, 2017, the CPSC Published a Direct Final Rule Adopting the Latest ASTM Regulation for Child Safety with Gasoline Containers (16 CFR 1460)

DATES: This final Rule will become effective on January 12, 2018 unless the CPSC receives substantial adverse comments by December 28, 2017.

Background: On November 13, 2017, the Commission received notice from ASTM that a revision to ASTM F2517 was published in November 2017. the Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use. The Children’s Gasoline Burn Prevention Act (CGBPA or the Act) adopted as a consumer product safety rule, the child-resistance requirements for closures on portable gasoline containers published in the ASTM voluntary standard ASTM F2517–05. As the ASTM Standard changes, the CPSC standard changes, provided the Commission concludes that the revisions carry out the purposes of the Act. The Commission has reviewed the revisions and come to that conclusion. Therefore, the 2017 revisions to the child-resistance requirements will be automatically incorporated and apply as the statutorily mandated standard for closures on portable gasoline containers—unless the Commission receives substantial adverse comments.

On December 4, 2017, the CPSC Published a Final Rule Adopting With Minor Modifications ASTM F963 for Toys (16 CFR 1250)

DATES: This final Rule will become effective on February 28, 2018 unless the CPSC receives substantial adverse comments by January 3, 2018. 

Background: Earlier this year, the Commission published a Direct Final Rule adopting ASTM F963-16 as the CPSC Safety Standard for Toys.  ASTM has now published a revised Standard Consumer Safety Specifications for Toy Safety, F963-17.  The CPSC is adopting the revised ASTM F963 Standard as 16 CFR 1250 with the exception of the addition of text in Section 8.20.1.5 (5) because it reduces toy safety.

On November 30, 2017,the CPSC published an Advanced Notice of Proposed Rulemaking Regarding Clothing Storage Tipovers

DATES: Submit comments by January 29, 2018

Background:  The Consumer Product Safety Commission (Commission or CPSC) is aware of numerous injuries and deaths resulting from furniture tip overs. To address this risk, Commission staff reviewed incident data for furniture tip overs and determined that clothing storage units (CSUs), consisting of chests, bureaus, and dressers, were the primary furniture category involved in fatal and injury incidents.

Through enforcement and educational campaigns the Commission has attempted to reduce the risk of accidents and injuries. The Commission is now considering implementing a consumer product safety standard.

The Notice indicates that the Commission has done a preliminary evaluation of the voluntary safety standards that might be applicable to all or some of the products, and believes that these standards would not adequately address the issues.

The Commission is considering a mandatory standard which could define the products covered by the standard, provide performance requirements for stability of the products and provide labeling and warning requirements to accompany the products.

The Commission seeks comments on the adequacy of the voluntary standards and the appropriateness of a mandatory standard.

On October 30, 2017, NHTSA Published the Final Rule with Its Response to a Petition for Reconsideration Regarding Electronic Stability Control Systems for Heavy Vehicles, FMVSS 136, (49 CFR 571.136)

DATES: Petitions for Reconsideration of this Final Rule must be received by December 14, 2017

Summary:  The petitioner, Truck and Engine Manufacturers Association (EMA), requested that NHTSA amend the test conditions for the agency’s performance test by allowing a larger lane width for long wheelbase truck tractors. The agency decided to grant the petition because it believed there was sufficient evidence to indicate that a larger lane width is needed for testing of long wheelbase truck tractors.