Unknown. Direct final rule

6,060 words·~28 min read·/register/2021/09/28/2021-20851

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-09-28.xml --- 86 185 Tuesday, September 28, 2021 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment for the Chicago Breast Cancer Quality Consortium, 53658-53659 2021-21072 Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53628 2021-20975 Agriculture Agriculture Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53628-53629 2021-21051 Centers Disease Centers for Disease Control and Prevention NOTICES Rescission of Humanitarian Exemption for All Afghan Evacuees Subject to Global Testing Order, 53659-53660 2021-20987 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53662-53663 2021-20978 Medicare Program: Application by the Association of Diabetes Care and Education Specialists for Continued Approval of its Diabetes Outpatient Self-Management Training Program, 53660-53662 2021-20957 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 53642 2021-21160 2021-21162 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Gates and Enclosures, 53535-53539 2021-20851 Defense Department Defense Department NOTICES Meetings: Wage Committee, 53644-53645 2021-21038 Request for Comments: One-Year Response to ''America's Supply Chains'', 53642-53644 2021-21046 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

International Resource Information System, 53645 2021-21008 Employment and Training Employment and Training Administration NOTICES Trade Adjustment Assistance; Determinations, 53683-53686 2021-20953 Trade Adjustment Assistance; Investigations, 53683 2021-20951 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application to Export Electric Energy: Trafigura Trading, LLC, 53646-53647 2021-21052 2021-21062 Emergency Order: California Independent System Operator Corporation to Operate Power Generating Facilities under Limited Circumstances in California as a Result of Extreme Weather, 53647-53648 2021-21012 Environmental Protection Environmental Protection Agency RULES Air Quality Designations:

North Carolina; Redesignation of the Brunswick County 2010 Sulfur Dioxide Unclassifiable Area, 53555-53557 2021-20639 Air Quality State Implementation Plans; Approvals and Promulgations: Michigan; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards: Partial Approval and Partial Disapproval for Infrastructure SIP Requirements for the 2015 Ozone NAAQS, 53550-53552 2021-20794 North Carolina; Mecklenburg Miscellaneous Rules Revisions, 53552-53555 2021-20008 Pesticide Tolerances:

Metaflumizone; Correction, 53557-53558 2021-20357 State Hazardous Waste Management Program: Arizona, 53558-53562 2021-19986 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Hawaii; Interstate Transport for the 2015 Ozone National Ambient Air Quality Standards, 53571-53576 2021-20619 Parent Company Definition for Toxics Release Inventory Reporting, 53577-53583 2021-20965 State Hazardous Waste Management Program: Arizona, 53576-53577 2021-19987 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Final Authorization for Hazardous Waste Management Programs, 53655-53656 2021-21020 Hazardous Remediation Waste Management Requirements Contaminated Media, 53656-53657 2021-21019 State Program Adequacy Determination: Municipal Solid Waste Landfills and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator Hazardous Waste, 53653-53655 2021-21018 Applying the Supreme Court's County of Maui v.

Hawaii Wildlife Fund Decision in the Clean Water Act National Pollutant Discharge Elimination System Permit Program; Rescission, 53653 2021-20993 Meetings: Environmental Financial Advisory Board, 53656 2021-20994 Proposed CERCLA Administrative Cost Recovery Settlement: West Vermont Drinking Water Contamination Site, Indianapolis, IN, 53652-53653 2021-20795 Federal Aviation Federal Aviation Administration NOTICES Petition for Exemption; Summary: 417 Drone Imaging, LLC, 53724-53725 2021-20999 Country Club Lawn and Tree Specialist, LLC, 53723 2021-20997 IVM Solutions, LLC, 53723-53724 2021-20998 Ohana Drone, 53724 2021-20996 Federal Communications Federal Communications Commission RULES Review of the Commission's Personal Radio Services Rules, 53563-53566 2021-19399 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53657 2021-20973 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 53658 2021-21119 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 53668-53669 2021-20980 Flood Hazard Determinations; Proposals, 53669-53672 2021-20981 2021-20982 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Turlock Irrigation District, Modesto Irrigation District, 53652 2021-21013 Combined Filings, 53649, 53651 2021-21023 2021-21024 Environmental Assessments;

Availability, etc.: Bard College, New York, 53649-53650 2021-21015 Brookfield White Pine Hydro, LLC, 53648-53649 2021-21014 Environmental Impact Statements; Availability, etc.: Columbia Gulf Transmission, LLC, Proposed East Lateral Xpress Project, 53650-53651 2021-20995 Filing: Pacific Gas and Electric Co., 53650 2021-21022 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway Projects in Texas, 53725-53727 2021-20916 Federal Mediation Federal Mediation and Conciliation Service RULES Production or Disclosure of Information, 53542-53550 2021-19906 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 53658 2021-21028 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings:

Employee Thrift Advisory Council, 53658 2021-20976 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Endangered Status for South Llano Springs Moss and Designation of Critical Habitat, 53609-53627 2021-20924 Penasco Least Chipmunk and Designation of Critical Habitat, 53583-53609 2021-20934 Food and Drug Food and Drug Administration NOTICES Meetings: Analgesic Clinical Trial Designs, Extrapolation, and Endpoints in Patients from Birth to Less Than Two Years of Age;

Public Workshop, 53663-53664 2021-21000 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Airbus OneWeb Satellites North America LLC; Foreign-Trade Zone 136; Brevard County, FL, 53629 2021-21039 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health RULES Health and Human Services Grants, 53562 2021-20753 NOTICES Delegation of Authority:

National Coordinator for Health Information Technology, 53664 2021-21140 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection PROPOSED RULES Deferred Action for Childhood Arrivals, 53736-53816 2021-20898 Housing Housing and Urban Development Department PROPOSED RULES Continuation of Demonstration to Assess the National Standards for the Physical Inspection of Real Estate and Associated Protocols, 53570-53571 2021-21049 NOTICES Multifamily and Healthcare Loan Sale (MHLS 2022-1), 53672-53674 2021-21054 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Public Libraries Survey FY 2021-FY 2023, 53693-53694 2021-21086 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES User Fee for Estate Tax Closing Letter, 53539-53542 2021-21029 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products of Brazil, 53636-53637 2021-21041 Certain Corrosion-Resistant Steel Products from Italy, 53637-53639 2021-21042 Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, 53631-53633 2021-21044 Forged Steel Fittings from the People's Republic of China, 53629-53631 2021-21045 Application(s) for Duty-Free Entry of Scientific Instruments:

Rice University, et al., 53634-53636 2021-21043 Meetings: Renewable Energy and Energy Efficiency Advisory Committee, 53633-53634 2021-21084 Request for Panel Review: United States-Mexico-Canada Agreement: Binational Panel Review, 53634 2021-20929 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Chemical Mechanical Planarization Slurries and Components Thereof, 53674-53676 2021-20984 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Applicant Appraisal Questionnaire, 53681-53682 2021-21071 Application for Registration, Application for Registration Renewal, 53677-53678 2021-21069 Application for Suspension of Deportation, 53677 2021-21066 Community Oriented Policing Services Extension Request Form, 53680-53681 2021-21070 FBI Expungement Form, 53681 2021-21067 National Training and Technical Assistance Center Feedback Form Package, 53678-53679 2021-21077 Number of Law Enforcement Employees as of October 31, 53676-53677 2021-21068 Request for Registration under the Gambling Devices Act, 53682 2021-20958 Unfair Immigration-Related Employment Practices Complaint Form, 53679-53680 2021-21065 Labor Department Labor Department See Employment and Training Administration See Veterans Employment and Training Service See Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Asbestos in Construction Standard, 53689-53690 2021-21004 Coverage of Certain Preventive Services under the Affordable Care Act—Private Sector, 53687-53688 2021-20971 Experience Rating Report, 53689 2021-20952 Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form, 53688-53689 2021-21005 Tax Performance System, 53686-53687 2021-20950 YouthBuild Reporting System, 53687 2021-21007 Management Management and Budget Office NOTICES Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order, 53691-53692 2021-21184 National Capital National Capital Planning Commission NOTICES Senior Executive Service;

Performance Review Board, 53692 2021-20961 National Credit National Credit Union Administration PROPOSED RULES Subordinated Debt, 53567-53570 2021-21055 NOTICES Request for Information: Digital Assets and Related Technologies, 53692-53693 2021-21085 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: National Council on the Arts, 53694 2021-21025 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fatal Crash Seat Belt Use Reporting and Awareness, 53727-53729 2021-21040 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 53665 2021-21035 National Cancer Institute, 53665-53666 2021-20983 2021-21034 2021-21036 National Center for Complementary and Integrative Health, 53666-53667 2021-21003 National Institute of Biomedical Imaging and Bioengineering, 53667 2021-21001 National Institute of Nursing Research, 53664-53665 2021-21002 National Oceanic National Oceanic and Atmospheric Administration RULES Swim with and Approach Regulation for Hawaiian Spinner Dolphins under the Marine Mammal Protection Act, 53818-53843 2021-20616 PROPOSED RULES Establishment of Time-Area Closures for Hawaiian Spinner Dolphins under the Marine Mammal Protection Act, 53844-53862 2021-20620 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Aleutian Islands Pollock Fishery Requirements, 53639 2021-20991 Application for Commercial Fisheries Authorization under the Marine Mammal Protection Act, 53639-53640 2021-20990 Economic Surveys of Specific United States Commercial Fisheries, 53640-53641 2021-20989 Meetings: Stock Status of Western Atlantic Bluefin Tuna, 53641-53642 2021-21057 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.:

Westinghouse Electric Co., LLC; Columbia Fuel Fabrication Facility, 53694-53695 2021-21053 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 53695-53696 2021-21037 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 53696 2021-21165 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 53722-53723 2021-21118 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 53696-53699 2021-20970 Public Company Accounting Oversight Board, 53699-53718 2021-21056 The Options Clearing Corp., 53718-53722 2021-20969 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53729-53732 2021-20977 2021-21075 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fiscal Service Schedule of Excess Risks, 53732 2021-20968 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Advance Information from Certain Undocumented Individuals on the Land Border, 53667-53668 2021-20988 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: uSPEQ Consumer Experience Survey (Rehabilitation), 53732-53733 2021-21017 Veterans Employment Veterans Employment and Training Service NOTICES Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 53690 2021-20955 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Work Study Program of the Child Labor Regulations, 53690-53691 2021-20956 Separate Parts In This Issue Part II Homeland Security Department, 53736-53816 2021-20898 Part III Commerce Department, National Oceanic and Atmospheric Administration, 53818-53862 2021-20616 2021-20620 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 185 Tuesday, September 28, 2021 Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1239 [Docket No. CPSC-2019-0014] Safety Standard for Gates and Enclosures AGENCY: Consumer Product Safety Commission. ACTION:

Direct final rule. SUMMARY: In July 2020, the U.S. Consumer Product Safety Commission (CPSC or Commission) published a consumer product safety standard for gates and enclosures under section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The Commission's mandatory standard incorporated by reference the American Society for Testing and Materials

(ASTM)voluntary standard that was in effect for gates and enclosures at the time, with modifications to make the standard more stringent, to further reduce the risk of injury associated with gates and enclosures. 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 June 2021, ASTM published a revised voluntary standard for gates and enclosures, and it notified the Commission of this revised standard in July 2021. This direct final rule updates the mandatory standard for gates and enclosures to incorporate by reference ASTM's 2021 version of the voluntary standard for gates and enclosures. DATES: The rule is effective on January 2, 2022, unless the Commission receives a significant adverse comment by October 28, 2021. If the Commission receives such a comment, it will publish a document 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 January 2, 2022. ADDRESSES: You can submit comments, identified by Docket No. CPSC-2019-0014, 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, 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: *cpsc-os@cpsc.gov.* *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: *h* *ttps:* */* */www.regulations.gov,* and insert the docket number, CPSC-2019-0014, into the “Search” box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone

(301)504-7814; email: *jjirgl@cpsc.gov.* 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 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 Gates and Enclosures On July 6, 2020, under section 104 of the CPSIA, the Commission published a final rule that incorporated by reference ASTM F1004-19, *Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures,* as the mandatory standard for gates and enclosures, with modifications to the standard to further reduce the risk of injury. 85 FR 40100. Modifications in the final rule included the following additional requirements, depending on the design of a pressure-mounted gate, to further reduce the risk of injury associated with incorrectly installed pressure-mounted gates:

(1)For pressure-mounted gates that include wall cups with the product to meet the 30-pound push-out force test in the standard, the gates must include a separate warning label in a conspicuous location on the top rail of the gate regarding correct installation using wall cups, or

(2)For pressure-mounted gates that do not use wall cups to meet the 30- pound push-out force test in the standard, the gates must use visual side-pressure indicators to provide consumers feedback as to whether the gate is correctly installed. *Id.* The final rule is codified at 16 CFR part 1239. The rule for gates and enclosures applies to barriers “intended to be erected in an opening, such as a doorway, to prevent the passage of young children, but which can be removed by older persons who are able to operate the locking mechanism” (ASTM F1004 sec. 3.1.7) and “self-supporting barrier[s] intended to completely surround an area or play-space within which a young child may be confined” (ASTM F1004 sec. 3.1.6). On July 6, 2021, ASTM notified CPSC that it had published a revised standard for gates and enclosures, ASTM F1004-21. 1 The revised voluntary standard was approved on May 15, 2021, and published in June 2021. In accordance with the procedures set out in section 104(b)(4)(B) of the CPSIA, the Commission reviewed ASTM F1004-21 to determine whether the revised voluntary standard improves the safety of gates and enclosures and found that ASTM substantively revised the voluntary standard to harmonize with the requirements of the current mandatory standard for gates and enclosures. Based on CPSC's review of ASTM F1004-21, 2 the Commission will allow the revised voluntary standard to become the mandatory standard for gates and enclosures without modification, because the revised performance requirements in ASTM F1004-21 are identical to 16 CFR part 1239, and thus, the revisions are neutral when compared with 16 CFR part 1239. Accordingly, by operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F1004-21 will become the mandatory consumer product safety standard for gates and enclosures on January 2, 2022. 3 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR part 1239 to incorporate by reference the revised voluntary standard, ASTM F1004-21, without modification. 1 Until the standard becomes effective on January 2, 2022, 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 1239, ASTM F1004-21 becomes the mandatory standard for gates and enclosures, and it will be available, to read only, at: *https://www.astm.org/READINGLIBRARY/.* 2 CPSC staff's briefing memorandum regarding ASTM F1004-21 is available at: *https://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-Gates-and-Enclosures.pdf?VersionId=PDxzSc9QGGUVWWsdoLv1iAAl19Fd6P6Y.* 3 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 July 6, 2021 notice date is January 2, 2022. II. Description of ASTM F1004-21 The ASTM standard for gates and enclosures includes performance requirements, test methods, and requirements for warning labels and instructional literature, to address hazards to infants and children associated with gates and enclosures. This is the first revision ASTM has made to the voluntary standard since the Commission published the final rule for gates and enclosures in July 2020, based on ASTM F1004-19. The June 2021 revision to the voluntary standard, ASTM F1004-21, includes editorial and substantive provisions. ASTM made minor and editorial changes throughout ASTM F1004-21 including the following examples: • Hyphenating multiple terms used as adjectives, such as “single-action,” “pressure-mounted,” “partially-bounded,” and “hold-open,” throughout; • Correcting the spelling of “guage” to “gauge” in section 3.1.16; • Adding conversions to Celsius in section 4.4; • Changing the capitalization of some terms, such as “Small Torso Probe” to “small torso probe”; and • Changing unit expressions to bring the standard into accordance with ASTM Form and Style, such as adding a repeater unit when expressing a range ( *e.g.,* “2 in. x 2 in.” instead of “2 x 2 in.”). These changes are neutral and do not affect the safety of gates and enclosures. ASTM also made three substantive revisions to the voluntary standard in ASTM F1004-21 to harmonize with the current mandatory standard for gates and enclosures codified in 16 CFR part 1239. The revised voluntary standard adds the following requirements:

(1)A visual side-pressure indicator for pressure-mounted gates that do not incorporate wall-cups. To implement this change, ASTM:

(a)Added new definitions for “side-pressure” and “visual side-pressure indicators,” which are identical to those in 16 CFR 1239.2(b)(2)(i) and (ii);

(b)Modified the directions for visual side-pressure indicators in the test method in 7.9.1.2 to be substantially identical to 16 CFR 1239.2(b)(4)(i);

(c)Added a new section, 6.8, specifying requirements for visual side-pressure indicators. This section is substantially identical to the requirements in 16 CFR 1239.2(b)(3)(i) through (vi);

(d)Added section 9.5 with instructional requirements for gates with visual side-pressure indicators, which is identical to the instructional requirements for gates in 16 CFR 1239.2(b)(8)(i); and

(e)Added section X.1.2.5.4 to provide a rationale for the inclusion of visual side-pressure indicators in the rationale section, which is identical to 16 CFR 1239.2(b)(9)(i).

(2)A wall-cup warning located on the top of the gate, by adding a new section 8.5.7, containing warning requirements for gates that use wall-cups or other mounting hardware to meet the requirements of the push-out test in section 6.3. Such gates must display the following warning, separate from all other warnings, and located along the top rail of the gate: *You MUST install [wall-cups] to keep gate in place. Without [wall-cups], child can push out and escape* . This requirement is identical to the provisions in 16 CFR 1239.2(b)(7)(i) through (iv);

(3)Harmonization of the definition of “conspicuous” with 16 CFR part 1239 and other ASTM standards, by modifying the definition of “conspicuous” to use the definition as 16 CFR 1239.2(b)(1)(i), and by describing the adjective “conspicuous,” rather than defining an adjective with a definition that describes a noun ( *i.e.,* a label). Under CPSIA section 104(b)(4)(B), unless the Commission determines that ASTM's revision to a voluntary standard that is referenced in a mandatory standard “does not improve the safety of the consumer product covered by the standard,” the revised voluntary standard becomes the new mandatory standard. As described above, ASTM F1004-21 is substantially identical to 16 CFR part 1239. Accordingly, ASTM F1004-21 is safety neutral when compared to 16 CFR part 1239. The Commission will allow ASTM F1004-21 to become the mandatory standard for gates and enclosures, and is updating 16 CFR part 1239 to reference this most recent updated voluntary standard, without modification. III. Incorporation by Reference Section 1239.2 of the direct final rule incorporates by reference ASTM F1004-21. 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 F1004-21 of this preamble summarizes the major and revised provisions of ASTM F1004-21 that the Commission incorporates by reference into 16 CFR part 1239. 4 The standard is reasonably available to interested parties in several ways. Interested parties can purchase a copy of ASTM F1004-21 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 F1004-21 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, 4330 East-West Highway, Bethesda, MD 20814, telephone: 301-504-7479; email: *cpsc-os@cpsc.gov.* 4 A detailed description of ASTM F1004-19 and the modifications made by the Commission in the final rule are also available in the final rule for gates and enclosures at 85 FR at 40104-05. 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 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 gates and enclosures are children's products, a CPSC-accepted third party conformity assessment body must test samples of the products for compliance with 16 CFR part 1239. Products subject to part 1239 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 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). 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 gates and enclosures, and codified the requirement at 16 CFR 1112.15(b)(49). 85 FR at 40112. The NOR provided the criteria and process for CPSC to accept accreditation of third party labs for testing gates and enclosures to 16 CFR part 1239. *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. Because ASTM F1004-21 is substantially identical to the existing mandatory standard for gates and enclosures, the Commission considers third party labs that are currently CPSC-accepted for 16 CFR part 1239 to have demonstrated competence to test gates and enclosures to the revised ASTM F1004-21, as incorporated into part 1239. Third party labs have already begun testing to part 1239 when it became effective on July 6, 2021. Accordingly, the existing accreditations that the Commission has accepted for testing to this standard will cover testing to the revised standard. The existing NOR for the Safety Standard for Gates and Enclosures 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 gates and enclosure 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 F1004-21 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 F1004-21 takes effect as the new CPSC standard for gates and enclosures, 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 January 2, 2022. 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 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 gates and enclosures 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 gates and enclosures does not alter these requirements. The Commission took the steps required by the PRA for information collections when it adopted 16 CFR part 1239, 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 gates and enclosures. Therefore, ASTM F1004-21 automatically will take effect as the new mandatory standard for gates and enclosures on January 2, 2022, 180 days after the Commission received notice of the revision on July 6, 2021. As a direct final rule, unless the Commission receives a significant adverse comment within 30 days of this notification, the rule will become effective on January 2, 2022. 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 1239 Consumer protection, Imports, Incorporation by reference, Infants and children, Labeling, Law enforcement, Toys. For the reasons discussed in the preamble, the Commission amends 16 CFR chapter II as follows: PART 1239—SAFETY STANDARD FOR GATES AND ENCLOSURES 1. Revise the authority citation for part 1239 to read as follows: Authority: 15 U.S.C. 2056a. 2. Revise § 1239.2 to read as follows: § 1239.2 Requirements for gates and enclosures. Each gate and enclosure shall comply with all applicable provisions of ASTM F1004-21, *Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures,* approved on May 15, 2021. 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, 4330 East-West Highway, Bethesda, MD 20814, telephone

(301)504-7479, email: *cpsc-os@cpsc.gov,* or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email *fr.inspection@nara.gov,* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html.* Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2021-20851 Filed 9-27-21; 8:45 am]

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