January 21, 2020

On November 12 ,2019 the Consumer Product Safety Commission (CPSC) Published a Supplemental Notice of Proposed Rulemaking Regarding Inclined Sleep Products for Infants (16 CFR 1226).

SUMMARY EXCERPT: In 2017 the CPSC published a Notice of Proposed Rulemaking (NPR) proposing to adopt a voluntary standard for inclined sleep products developed by ASTM International, with a modification to the standard’s definition of ‘‘accessory.’’ Based on subsequent information and events, the Commission is now issuing a supplemental proposed rule (Supplemental NPR), proposing to adopt the current ASTM standard for inclined sleep products, with modifications that would make the mandatory standard more stringent than the voluntary standard. The proposed changes include limiting the seat back angle for sleep to 10 degrees or less. CPSC’s proposed standard would cover products intended for infant sleep that are not already addressed by another standard. Additionally, the Commission proposes to include the mandatory standard for infant sleep products in the Commission’s list of notices of requirements (NORs). The Commission also proposes to amend the consumer registration rule to identify explicitly infant sleep products as a durable infant or toddler product subject to CPSC’s consumer registration requirements.

DATES: Comments should be submitted by January 27, 2020.

On June 18, the CPSC Published Its Final Rule Safety Standard on Stationary Activity Centers, [(SACs) (16 CFR 1112 and 1238)]

DATES:  The rule will become effective on December 18, 2019. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of December 18, 2019.

PRODUCT DESCRIPTION:

ASTM F2012–18?1 defines an SAC as ‘‘a freestanding product intended to remain stationary that enables a sitting or standing occupant whose torso is completely surrounded by the product to walk, rock, play, spin or bounce, or all of these, within a limited range of motion.’’ ASTM F2012–18?1, section 3.1.12. This definition does not include doorway jumpers.

BACKGROUND:

On June 19, 2018, the Commission issued a notice of proposed rulemaking (NPR), proposing to incorporate by reference the voluntary standard for SACs, ASTM F2012–18?1, without modifications. ASTM F2012–18?1 is still the current version of the standard.

In this final rule, the Commission incorporated by reference ASTM F2012– 18?1, with no modifications, as the mandatory safety standard for SACs. The CPSC staff had consulted with manufacturers, retailers, trade organizations, laboratories, consumer advocacy groups, consultants, and the public to develop this standard, largely through the ASTM standard- development process. In addition, this final rule amended the list of the requirements in 16 CFR part 1112.15(b) for third party conformity testing bodies to include the standard for SACs. This rule was based on information in CPSC staff’s briefing package, ‘‘Staff’s Draft Final Rule for Stationary Activity Centers Under the Danny Keysar Child Product Safety Notification Act,’’ which is available on CPSC’s website.

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.