Unknown. Direct final rule

5,582 words·~25 min read·/register/2021/10/28/2021-23453

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2021-10-28.xml --- 86 206 Thursday, October 28, 2021 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request on Nutrition as Prevention for Improved Cancer Outcomes, 59718-59720 2021-23456 Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Plant Variety Protection Board, 59694 2021-23462 Agriculture Agriculture Department See Agricultural Marketing Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59694-59695 2021-23513 AIRFORCE Air Force Department NOTICES Decision for the Juniper Butte Range Land Withdrawal Extension, Mountain Home Air Force Base, ID, 59700 2021-23460 Centers Disease Centers for Disease Control and Prevention NOTICES Temporary Extension and Modification of Framework for Conditional Sailing Order for Cruise Ships Operating or Intending to Operate in U.S. Waters, 59720-59733 2021-23573 Coast Guard Coast Guard PROPOSED RULES Special Local Regulation:

Crown Bay, Charlotte Amalie, U.S. Virgin Islands, 59675-59678 2021-23255 NOTICES Meetings: National Merchant Marine Personnel Advisory Committee, 59743-59745 2021-23448 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59698-59700 2021-23441 2021-23443 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rules Relating to Review of National Futures Association Decisions in Disciplinary, Membership Denial, Registration, and Member Responsibility Actions, 59697-59698 2021-23442 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Infant Swings, 59609-59612 2021-23453 NOTICES Meetings; Sunshine Act, 59700 2021-23551 Copyright Office Copyright Office, Library of Congress RULES Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 59627-59641 2021-23311 Defense Department Defense Department See Air Force Department Education Department Education Department RULES Federal-State Relationship Agreements, Federal Pell Grant Program, Academic Competitiveness Grant, and National Science and Mathematics Access to Retain Talent Grant, 59619-59627 2021-23423 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Test Procedures for Residential and Commercial Clothes Washers, 59652-59653 2021-23242 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Nevada; Revisions to Clark County Ozone Maintenance Plan, 59643-59646 2021-23377 South Carolina; 2018 General Assembly New Source Review Update, 59646-59648 2021-23350 South Carolina; Revisions to Definitions, 59641-59643 2021-23349 Designation of Areas for Air Quality Planning Purposes:

California; Eastern Kern, Sacramento Metro, and Western Nevada 2015 Ozone Nonattainment Areas; Reclassification to Serious, 59648-59651 2021-23454 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Base Year Emissions Inventories for the 2015 Ozone Standards; Extension of Comment Period, 59678 2021-23370 California; Ventura County Air Pollution Control District, 59682-59684 2021-23538 North Carolina; Removal of Transportation Facilities Rules for Mecklenburg County, 59678-59682 2021-23348 Regulation of Persistent, Bioaccumulative, and Toxic Chemicals under the Toxic Substances Control Act:

Phenol, Isopropylated Phosphate (3:1); Further Compliance Date Extension, 59684-59693 2021-23337 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Emissions Reporting Requirements (Renewal), 59711 2021-23502 Water Quality Standards Regulation (Renewal), 59712-59713 2021-23503 Strategy to Reduce Lead Exposures and Disparities in U.S. Communities, 59711-59712 2021-23421 Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59713-59716 2021-23461 2021-23466 2021-23469 2021-23471 2021-23475 2021-23476 2021-23484 Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points: Southwest Oregon Regional Airport, OR, 59672-59674 2021-23217 Tok Junction, AK, 59670-59672 2021-23176 Airworthiness Directives: Airbus Helicopters, 59653-59658 2021-23233 2021-23236 Airbus SAS Airplanes, 59662-59665 2021-23216 General Electric Company Turbofan Engines, 59667-59670 2021-23237 International Aero Engines AG Turbofan Engines, 59658-59662 2021-23180 The Boeing Company Airplanes, 59665-59667 2021-23218 NOTICES Waiver of Aeronautical Land Use Assurance:

Astoria Regional Airport, Astoria, OR, 59836 2021-23433 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Request for Information on the National Flood Insurance Program Floodplain Management Standards for Land Management and Use, etc., 59745-59746 2021-23440 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59704-59706 2021-23481 Application: Ampersand Ogdensburg Hydro, LLC, 59706-59707 2021-23487 Authorization for Continued Project Operation:

Aquenergy Systems, LLC, 59703 2021-23486 Combined Filings, 59700-59704 2021-23479 2021-23480 Environmental Impact Statements; Availability, etc.: North Baja Pipeline, LLC; Proposed North Baja XPress Project, 59702-59703 2021-23482 Transcontinental Gas Pipe Line Co., LLC; Regional Energy Access Expansion Project, 59707-59710 2021-23485 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Smoky Mountain Transmission, LLC, 59707 2021-23483 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59716-59718 2021-23432 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59733-59734 2021-23504 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Targeted Mechanism of Action Presentations in Prescription Drug Promotion, 59735-59738 2021-23507 Authorization of Emergency Use of Certain Medical Devices During COVID-19; Availability, 59738-59741 2021-23501 Revocation of Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection and/or Diagnosis of COVID-19;

Availability, 59734-59735 2021-23500 Foreign Assets Foreign Assets Control Office RULES Publication of Ukraine-Related Web General License 16 and Subsequent Iterations, 59615-59619 2021-23473 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Guidance:

Updated HRSA-supported Women's Preventive Services Guidelines: Contraception and Screening for HIV Infection, 59741-59742 2021-23498 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mineral Surveys, Mineral Patent Applications, Adverse Claims, Protests, and Contests, 59746-59747 2021-23511 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59836-59837 2021-23474 2021-23477 Meetings: Advisory Council, 59837 2021-23494 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, 59695-59696 2021-23465 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Tunable Lenses and Products Containing the Same, 59757-59758 2021-23447 Land Land Management Bureau NOTICES Environmental Assessments;

Availability, etc.: Intent to Amend the Moab, Price, and Vernal Resource Management Plans and Prepare Environmental Assessments to Comply with the 2019 Dingell Act, 59747-59750 2021-23464 Proposed Restrictions: Public Lands in Jackson County, OR, 59751-59752 2021-23495 Library Library of Congress See Copyright Office, Library of Congress National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59758-59759 2021-23451 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

Arts Advisory Panel, 59759 2021-23452 Tribal Consultation Policy, 59759 2021-23430 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 59743 2021-23509 National Institute of Allergy and Infectious Diseases, 59742-59743 2021-23508 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Partner Probabilistic Snowfall Messaging Survey, 59696-59697 2021-23512 Meetings: Workshop on the Management Strategy Evaluation for Atlantic Bluefin Tuna, 59696 2021-23506 National Park National Park Service NOTICES Inventory Completion: Anthropological Studies Center, Archaeological Collections Facility, Sonoma State University, Rohnert Park, CA, 59752-59753 2021-23489 Michigan State University, East Lansing, MI, 59753-59755 2021-23490 Temple University Anthropology Laboratory and Museum, Philadelphia, PA, 59755-59756 2021-23488 University of California, Santa Barbara, Santa Barbara, CA, 59756-59757 2021-23491 Meetings:

Native American Graves Protection and Repatriation Review Committee, 59752 2021-23468 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption: Armed Forces Radiobiology Research Institute, 59760-59762 2021-23467 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 59762-59763 2021-23654 Presidential Documents Presidential Documents PROCLAMATIONS COVID-19 Pandemic; Efforts To Advance Safe Resumption of Global Travel (Proc. 10294), 59603-59608 2021-23645 Securities Securities and Exchange Commission NOTICES Order:

Conditional Substituted Compliance in Connection with Certain Requirements Applicable to Non-U.S. Security-Based Swap Dealers and Major Security-Based Swap Participants Subject to Regulation in the Kingdom of Spain, 59776-59797 2021-23444 Orders: Conditional Substituted Compliance in Connection with Certain Requirements Applicable to Non-U.S. Security-Based Swap Dealers and Major Security-Based Swap Participants Subject to Regulation in the Federal Republic of Germany; Non-U.S.

Security-Based Swap Entities Subject to Regulation in the French Republic or the United Kingdom; Extending the Time to Meet Certain Conditions Relating to Capital and Margin, 59797-59824 2021-23445 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 59824-59833 2021-23436 Miami International Securities Exchange, LLC, 59833-59835 2021-23437 Nasdaq BX, Inc., 59763-59766 2021-23438 Nasdaq PHLX, LLC, 59767-59771 2021-23435 New York Stock Exchange, LLC, 59774-59776 2021-23532 The Nasdaq Stock Market, LLC, 59771-59774 2021-23434 State Department State Department RULES Schedule of Fees for Consular Services:

Passport Security Surcharge, 59613-59615 2021-23449 NOTICES Meetings: U.S. President's Emergency Plan for AIDS Relief (PEPFAR) Scientific Advisory Board; Correction, 59835 2021-23455 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Wyoming Regulatory Program, 59674-59675 2021-23314 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Suspension of Monthly Check, 59838 2021-23493 VA Fiduciary's Account, Court Appointed Fiduciary's Account, Cert. of Bal. on Deposit and Auth. to Dis. Financial Record, 59837-59838 2021-23492 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. 86 206 Thursday, October 28, 2021 Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1223 [Docket No.

CPSC-2013-0025] Safety Standard for Infant Swings AGENCY: Consumer Product Safety Commission. ACTION: Direct final rule. SUMMARY: In November 2012, the U.S. Consumer Product Safety Commission

(CPSC)published a consumer product safety standard for infant swings under section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The standard incorporated by reference the ASTM voluntary standard for infant swings that was in effect at that 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. Consistent with the CPSIA update process, in January 2021, the Commission issued a direct final rule to revise the incorporation by reference for the mandatory infant swings standard, to reflect ASTM's 2020 revised voluntary standard for infant swings. This direct final rule updates the mandatory standard for infant swings to incorporate by reference ASTM's 2021 version of the voluntary standard. DATES: The rule is effective on January 29, 2022, unless CPSC receives a significant adverse comment by November 29, 2021. If CPSC 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 29, 2022. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-0025, 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. The CPSC does not accept comments submitted by electronic mail (email), except through *https://www.regulations.gov* and as described below. The 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, U.S. 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: *cpscos@cpsc.gov* . *Instructions:* All submissions received must include the agency name and docket number for this direct final rule. All comments received may be posted 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 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-2013-0025, 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: *kwalker@cpsc.gov* . SUPPLEMENTARY INFORMATION: A. Background 1. Statutory Authority Section 104(b)(1)(B) of the CPSIA, also known as the Danny Keysar Child Product Safety Notification Act, requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. The law requires these standards to be “substantially the same as” applicable voluntary standards or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The CPSIA also sets forth a process for updating CPSC's durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA provides that if an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this subsection, it shall notify the Commission. In addition, the revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act

(CPSA)(15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the **Federal Register** ) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard. 2. Safety Standard for Infant Swings In November 2012, under section 104(b)(1) of the CPSIA, the Commission adopted a mandatory rule for infant swings, codified in 16 CFR part 1223. The rule incorporated by reference ASTM F2088-12a, *Standard Consumer Safety Specification for Infant Swings,* with modifications to the labeling and test method requirements. 1 77 FR 66703 (Nov. 7, 2012). At the time the Commission published the final rule, ASTM F2088-12a was the current version of the voluntary standard. Since promulgation of the mandatory infant swings standard in 2012, ASTM has revised the voluntary standard five times. ASTM F2088-20 is the current mandatory standard incorporated by reference in 16 CFR part 1223. 1 The modifications included changes to the required warning label content and a revised test method to address an omission in the voluntary standard for toy mobiles attached to swings. On August 2, 2021, ASTM notified CPSC that it had revised the voluntary standard for infant swings, approving ASTM F2088-21 on May 15, 2021. 2 As discussed in this preamble, based on CPSC staff's review of ASTM F2088-21, 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 infant swings or are safety neutral. Accordingly, by operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F2088-21 will become the mandatory consumer product safety standard for infant swings on January 29, 2022. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR part 1223 to incorporate by reference the revised voluntary standard, ASTM F2088-21. 2 ASTM published ASTM F2088-21 in June 2021. B. Revisions to ASTM F2088 The ASTM standard for infant swings includes performance requirements, test methods, and requirements for warning labels and instructional literature, to address hazards to infants associated with infant swings. ASTM has revised the voluntary standard for infant swings since ASTM F2088-20, which is the current mandatory standard. On May 15, 2021, ASTM approved a revised version of ASTM F2088 and published ASTM F2088-21 in June 2021. This section describes the changes in ASTM F2088-21. The 2021 revision contains a few editorial, non-substantive changes, along with several substantive changes to improve clarity, provide consistent terminology, and harmonize wording and warning label requirements consistent with other juvenile product standards. ASTM also made several revisions to ASTM F2088 to align the standard with wording changes initiated by ASTM for all of its juvenile products standards. Specific changes to the standard from ASTM F2088-20 to ASTM F2088-21 are described below. 1. Substantive Changes *(a)* ASTM revised the age and developmental information for infant and cradle swings to maintain consistency between the scope, definitions, and warnings sections of the standard. Additionally, the revisions harmonize the age and developmental information with the ASTM F2194 *Bassinets and Cradles* standard. 3 3 A cradle swing falls within the scope of ASTM F2194 *Bassinets and Cradles* standard when it is not in motion ( *i.e.,* a cradle swing is a swing when in motion and a cradle when at rest.) Specifically, ASTM: • Replaced the statement *“a child who cannot climb out of the product”* with *“an infant”* in section 1.3 (part of section 1. *Scope* ) when describing the products and the intended user covered under this consumer safety specification. The use of the generic term *“infant”* better defines the developmental characteristics of the two age groups already defined in the standard:

(1)*“* [infant] *begins to push up on hands and knees (approximately 5 months)”* and

(2)*“* [infant] *attempts to climb out of the swing (approximately 9 months).”* • Added *“to swing or glide”* to the definition of *“cradle swing”* in section 3.1.3 to describe the motions of this product type, and to maintain consistency with section 1 *Scope* and with the motion types already defined for “ *infant swings”* in section 3.1.5. • Replaced *“can roll over or”* with *“begins to”* in the definition of *“cradle swings”* in section 3.1.3, and in the warning statements in section 8.6.2 *Cradle Swing,* to maintain consistency throughout the standard and to harmonize the wording with ASTM F2194 *Bassinets and Cradles* standard. • Added the parenthetical statement *“(approximately 5 months)”* to the warning statements in section 8.6.2 *Cradle Swing,* to maintain consistency with the definition of *“cradle swing”* in section 3.1.3. The Commission concludes that the substantive changes discussed above are neutral to the safety of infant swings, because they clarify the language of the standard, to harmonize the provisions throughout this standard and with other ASTM juvenile product standards. *(b)* After the publication of Revision F of *“Recommended Language Approved by Ad Hoc Task Group,”* 4 the ASTM F15.21 subcommittee adopted the battery informational statements and/or warning language from the Ad Hoc document and incorporated it to the 2021 revision of F2088. Additionally, the revision consolidated the battery language spread throughout the standard into a single section titled 8.4 *Battery-operated Product Marking* under section 8 *Marking and Labeling* . 4 Revision F of *“Recommended Language Approved by Ad Hoc Task Group”* was published on November 30, 2020. To effect these changes, ASTM made the following modifications: • Created section 8.4 *Battery-operated Product Marking* to group all battery cautionary information into a single section; • moved section 6.1.1 regarding the battery compartment marking and labeling to section 8.4.1 using the language from the Ad Hoc Wording recommendations; • moved sections 8.6, 8.6.1, 8.6.2 and 8.6.3 regarding the battery cautions to sections 8.4.2, 8.4.2.1, 8.4.2.2 and 8.4.2.3 using the language from the Ad Hoc Wording recommendations. The Commission concludes that adoption of the Ad Hoc Wording recommendations and consolidation into an area-specific section are improvements to safety because they provide clear, concise guidance to manufacturers to provide noticeable and consistent warning labels on infant swings. *(c)* ASTM revised the requirement for *Instructional Literature* in section 9.4 and moved it to section 9.2, harmonizing it with the Ad Hoc Wording recommendations and to match the warning requirements with the *Marking and Labeling* section of the standard. The Commission concludes that these changes improve the safety of infant swings, because they provide noticeable warning information and instructional literature that is consistent with the corresponding on-product warnings. 2. Non-Substantive Changes ASTM made minor formatting changes to the standard, in accordance with ASTM form and style guidelines, such as changes to font size of the metric system expressions. Additionally, ASTM updated the sections' numbering hierarchy throughout the standard, to reflect added and updated sections. The Commission finds that all the non-substantive changes made in ASTM F2088-21 are neutral regarding safety for infant swings, because they are editorial in nature. C. Incorporation by Reference Section 1223.2 of the direct final rule incorporates by reference ASTM F2088-21. 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 B. Revisions to ASTM F2088, of this preamble summarizes the major provisions of ASTM F2088-21 that the Commission incorporates by reference into 16 CFR part 1223. The standard is reasonably available to interested parties and interested parties can purchase a copy of ASTM F2088-21 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 F2088-21 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, Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone: 301-504-7479; email: *cpsc-os@cpsc.gov* . D. 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 infant swings are children's products, a CPSC-accepted third party conformity assessment body must test samples of the products. Products subject to part 1223 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). E. 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 for testing infant swings. 78 FR 15836 (Mar. 12, 2013). The NOR provided the criteria and process for CPSC to accept accreditation of third party conformity assessment bodies for testing infant swings to 16 CFR part 1223. The NORs for all mandatory standards for durable infant or toddler products are listed in the Commission's rule, “Requirements Pertaining to Third Party Conformity Assessment Bodies,” codified in 16 CFR part 1112. *Id.* The revisions to ASTM F2088-21 do not require any change in the way that third party conformity assessment bodies test infant swings. Therefore, testing laboratories that have demonstrated competence for testing in accordance with ASTM F2088-20 will have the competence to test in accordance with the revised standard ASTM F2088-21. Therefore, the Commission considers the existing CPSC-accepted laboratories for testing to ASTM F2088-20 to be capable of testing to ASTM F2088-21 as well. Accordingly, the existing NOR for this standard will remain in place, and CPSC-accepted third party conformity assessment bodies are expected to update the scope of the testing laboratories' accreditations to reflect the revised standard in the normal course of renewing their accreditations. F. 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 mandatory standard by operation of law. The Commission is allowing ASTM F2088-21 to become CPSC's new mandatory 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 update provision of section 104 of the CPSIA, ASTM F2088-21 takes effect as the new CPSC standard for infant swings, 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 standard 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)endorsed 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 direct final rule, the rule will become effective on January 29, 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. G. 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 F. 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. CPSC 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. H. Paperwork Reduction Act The current mandatory standard for infant swings 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). While the revised mandatory standard updates the provisions for marking, labeling, and instructional literature regarding consistency and clarity to be consistent with other ASTM voluntary standards, the revised mandatory standard does not alter these requirements substantively. The Commission took the steps required by the PRA for information collections when it adopted 16 CFR part 1223, 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. I. 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. J. 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 state or political subdivision of a state requirements in accordance with section 26(a) of the CPSA. K. 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 standard for infant swings. Therefore, ASTM F2088-21 will take effect as the new mandatory standard for infant swings on January 29, 2022, 180 days after the Commission received notice of the revision on August 2, 2021. Because it is 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 29, 2022. L. 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 1223 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 1223—SAFETY STANDARD FOR INFANT SWINGS 1. The authority citation for part 1223 continues to read as follows: Authority: Sec. 104, Public Law 110-314, 122 Stat. 3016 (15 U.S.C. 2056a); Sec 3, Public Law 112-28, 125 Stat. 273. 2. Revise § 1223.2 to read as follows: § 1223.2 Requirements for infant swings. Each infant swing shall comply with all applicable provisions of ASTM F2088-21, *Standard Consumer Safety Specification for Infant and Cradle Swings,* 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, Room 820, 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, U.S. Consumer Product Safety Commission. [FR Doc. 2021-23453 Filed 10-27-21; 8:45 am]

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