Safety Standard for High Chairs
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69144 Proposed Rules Federal Register Vol. 80, No. 216 Monday, November 9, 2015 This section of the FEDERAL REGISTER Information and Regulatory Affairs, the of the Danny Keysar Child Product contains notices to the public of the proposed Office of Management and Budget, Attn: Safety Notification Act, requires the issuance of rules and regulations. The CPSC Desk Officer, FAX: 202–395–6974, Commission to: (1) examine and assess purpose of these notices is to give interested or emailed to oira_submission@ the effectiveness of voluntary consumer persons an opportunity to participate in the omb.eop.gov. product safety standards for durable rule making prior to the adoption of the final Other comments, identified by Docket rules. infant or toddler products, in No. CPSC–2015–0031, may be consultation with representatives of submitted electronically or in writing: consumer groups, juvenile product CONSUMER PRODUCT SAFETY Electronic Submissions: Submit manufacturers, and independent child COMMISSION electronic comments to the Federal product engineers and experts; and (2) eRulemaking Portal at: http:// promulgate consumer product safety 16 CFR Parts 1112 and 1231 www.regulations.gov. Follow the standards for durable infant or toddler instructions for submitting comments. [Docket No. CPSC–2015–0031] products. Any standard the Commission The Commission does not accept adopts under this directive must be Safety Standard for High Chairs comments submitted by electronic mail substantially the same as the applicable (email), except through voluntary standard or more stringent AGENCY: Consumer Product Safety www.regulations.gov. The Commission than the voluntary standard if the Commission. encourages you to submit electronic Commission determines that more ACTION: Notice of proposed rulemaking. comments by using the Federal stringent requirements would further eRulemaking Portal, as described above. reduce the risk of injury associated with SUMMARY: The Danny Keysar Child Written Submissions: Submit written the product. Product Safety Notification Act, section comments by mail/hand delivery/ The term ‘‘durable infant or toddler 104(b) of the Consumer Product Safety courier to: Office of the Secretary, product’’ is defined in section 104(f)(1) Improvement Act of 2008 (‘‘CPSIA’’; Consumer Product Safety Commission, of the CPSIA as ‘‘a durable product Pub. L. 110–314, 122 Stat. 3016), Room 820, 4330 East West Highway, intended for use, or that may be requires the United States Consumer Bethesda, MD 20814; telephone (301) reasonably expected to be used, by Product Safety Commission 504–7923. children under the age of 5 years.’’ (‘‘Commission’’ or ‘‘CPSC’’) to Instructions: All submissions received Section 104(f)(2)(C) of the CPSIA promulgate consumer product safety must include the agency name and specifically identifies high chairs as a standards for durable infant or toddler docket number for this proposed durable infant or toddler product. products. These standards must be rulemaking. All comments received may Pursuant to section 104(b)(1)(A) of the substantially the same as applicable be posted without change, including CPSIA, the Commission consulted with voluntary standards or more stringent any personal identifiers, contact representatives of manufacturers, than the voluntary standard if the information, or other personal consumer groups, consultants, retailers, Commission determines that more information provided, to: http:// industry trade groups, and government stringent requirements would further www.regulations.gov. Do not submit agencies in reviewing and assessing the reduce the risk of injury associated with confidential business information, trade effectiveness of the existing voluntary a product. In response to the direction secret information, or other sensitive or standard for high chairs, ASTM F404– under section 104(b) of the CPSIA, the protected information that you do not 15, largely through ASTM Commission is proposing a safety want to be available to the public. If International’s (‘‘ASTM’’; formerly the standard for high chairs. The proposed furnished at all, such information American Society for Testing and rule would incorporate by reference should be submitted by mail/hand Materials) standard-development ASTM F404–15, Standard Consumer delivery/courier. process. The standard the Commission Safety Specification for High Chairs Docket: For access to the docket to is proposing in this notice of proposed (‘‘ASTM F404–15’’) into our new read background documents or rulemaking (‘‘NPR’’) is based on ASTM regulation and impose more stringent comments received, go to: http:// F404–15 with more stringent requirements for rearward stability and www.regulations.gov, and insert the requirements for rearward stability and warnings on labels and in instructional docket number, CPSC–2015–0031, into warnings in labels and instructional literature. In addition, the Commission the ‘‘Search’’ box, and follow the literature. proposes to amend our regulations to prompts. The testing and certification include the newly proposed high chair FOR FURTHER INFORMATION CONTACT: requirements of section 14(a) of the standard in the list of notice of Stefanie C. Marques, Project Manager, Consumer Product Safety Act (‘‘CPSA’’; requirements (‘‘NORs’’) issued by the Directorate for Health Sciences, U.S. 15 U.S.C. 2051–2089) apply to the Commission. Consumer Product Safety Commission, standards promulgated under section DATES: Submit comments by January 25, 5 Research Place, Rockville, MD 20850; 104 of the CPSIA. Section 14(a)(3) of the 2016. telephone: 301–987–2581; email: CPSA requires the Commission to ADDRESSES: Comments related to the [email protected]. publish an NOR for the accreditation of Paperwork Reduction Act aspects of the SUPPLEMENTARY INFORMATION: third party conformity assessment labeling and instructional literature bodies (i.e., test laboratories) to assess requirements of the proposed I. Background and Statutory Authority whether a children’s product conforms mandatory standard for high chairs The CPSIA was enacted on August 14, to applicable children’s product safety should be directed to the Office of 2008. Section 104(b) of the CPSIA, part rules. If adopted, the proposed rule for VerDate Sep<11>2014 19:17 Nov 06, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69145 high chairs would be a children’s shoulder harnesses. High chair designs III. Incident Data product safety rule that requires the include restaurant-style chairs, four- The Commission receives data issuance of an NOR. For this reason, this legged A-frame styles, single-leg regarding product-related injuries from NPR also proposes to amend 16 CFR pedestals, and Z-frame styles. several sources. One such source is the part 1112 to include proposed 16 CFR Restaurant-style high chairs are National Electronic Injury Surveillance part 1231, the section in which the high discussed further in section VII. of this System (‘‘NEISS’’), from which CPSC chair standard would be codified. preamble. can estimate the number of injuries II. The Product B. Market Description associated with specific consumer products that are treated in U.S. hospital A. Definition In 2013, the CPSC conducted a emergency departments (‘‘EDs’’) ASTM F404–15 defines a ‘‘high chair’’ Durable Nursery Product Exposure nationwide, based on a probability as ‘‘a free standing chair for a child up Survey (‘‘DNPES’’) of U.S. households sample. Other sources include reports to 3 years of age which has a seating with children under the age of 6. Data from consumers and others through the surface more than 15 in. above the floor from DNPES indicate that there are Consumer Product Safety Risk and elevates the child normally for the approximately 9.74 million high chairs Management System (which also purposes of feeding or eating.’’ The in U.S. households with children under includes some NEISS data) and reports ASTM standard further specifies that a the age of 6 and about 7.14 million high from retailers and manufacturers high chair may be sold with or without through CPSC’s Retailer Reporting chairs actually in use in those a tray, have adjustable heights, and System (collectively referred to as households. High chairs range in price recline for infants. Consumer Product Safety Risk from $35 to $650. There are various designs and Management System data (‘‘CPSRMS’’)). construction materials for high chairs. Staff identified 62 firms supplying Through CPSRMS sources, the Typical high chairs consist of a plastic, high chairs to the U.S. market. Fifty-one Commission has received 1,296 reports wood, or metal frame, often with a of these are domestic, including 27 of incidents related to high chairs that padded fabric seat. Some models fold manufacturers, 19 importers, and five occurred between January 1, 2011 and for storage and transport or convert for wholesalers. The remaining 11 firms are December 31, 2014. Because several of continued use as a child grows. Some foreign, including nine manufacturers, these reports include more than one high chairs include a removable snack one importer, and one retailer. Of these incident or issue, the total number of tray or mounted toy accessories and 62 firms, 48 market their high chairs to incidents is 1,308. These reports include some have no trays. High chairs may consumers. The remaining 14 firms one fatality and 138 injuries;