Unknown. Direct final rule

7,265 words·~33 min read·/register/2024/05/30/2024-11792·

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-2024-05-30.xml --- 89 105 Thursday, May 30, 2024 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Peripheral Nerve Blocks for Postoperative Pain Management in Cardiothoracic Surgery, 46887-46889 2024-11834 Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Outreach and Assistance to Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers Program Application and Performance Reporting, 46853-46854 2024-11906 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Business and Professional Classification Report, 46854-46855 2024-11836 School District Review Program, 46855-46856 2024-11828 Centers Disease Centers for Disease Control and Prevention NOTICES Requests for Nominations: Advisory Committee to the Director, Centers for Disease Control and Prevention, 46889 2024-11871 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Family Violence Prevention and Services Grants to States; Native American Tribes and Alaskan Native Villages; and State Domestic Violence Coalitions, 46889-46890 2024-11830 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Safety Standard for Infant and Cradle Swings, 46797-46802 2024-11792 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:

Data Requirements for Commercial Products for Major Weapon Systems, 46805-46811 2024-11515 Limitation on the Acquisition of Certain Goods Other Than United States Goods, 46811-46816 2024-11514 Restriction on Certain Metal Products, 46816-46821 2024-11513 Technical Amendments, 46821-46822 2024-11516 PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Pilot Program to Incentivize Contracting with Employee-Owned Businesses, 46831-46836 2024-11517 Procurement Technical Assistance Program, 46836-46838 2024-11518 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Adoption of National Oceanographic and Atmospheric Administration Categorical Exclusion, 46868-46869 2024-11865 Hearings, Meetings, Proceedings, etc.:

Defense Advisory Committee on Women in the Services, 46867-46868 2024-11824 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Almac Clinical Services Inc., 46903-46904 2024-11817 AMPAC Fine Chemicals Virginia LLC, 46907-46908 2024-11790 ANI Pharmaceuticals Inc., 46906-46907 2024-11794 Chemtos, LLC, 46907 2024-11816 Quagen Pharmaceuticals LLC, 46905 2024-11892 Revvity, Inc., 46903 2024-11822 Royal Emerald Pharmaceuticals, 46905 2024-11786 Skalar Pharma, LLC, 46908 2024-11793 VA Cooperative Studies Program, 46904-46905 2024-11795 Veranova, LP, 46906 2024-11821 Vici Health Sciences, LLC, 46904 2024-11818 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Maintenance-of-Effort Requirements and Waiver Requests under the Elementary and Secondary School Emergency Relief Fund and the Governor's Emergency Education Relief Fund, 46869-46870 2024-11815 Privacy Act; Systems of Records, 46870-46883 2024-11852 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Water System Restructuring Assessment Rule, 46998-47026 2024-11687 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Air Pollution Regulations for Outer Continental Shelf Activities, 46885-46886 2024-11806 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 46886-46887 2024-11805 Notification of Chemical Exports, 46884-46885 2024-11802 Federal Aviation Federal Aviation Administration NOTICES Hearings, Meetings, Proceedings, etc.: Advanced Aviation Advisory Committee, 46985 2024-11872 Aviation Rulemaking Advisory Committee, 46984-46985 2024-11877 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Pelzer Hydro Co., LLC; Consolidated Hydro Southeast, LLC, 46883 2024-11883 Combined Filings, 46884 2024-11888 Environmental Assessments; Availability, etc.: Great Lakes Hydro America, LLC, 46883 2024-11886 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46985-46986 2024-11843 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Commercial Driver's License;

Covenant Transport Inc. and Landair Transport Inc. jointly d/b/a Covenant Logistics, 46987-46988 2024-11868 Commercial Driver's License; National School Transportation Assn., 46986-46987 2024-11869 Hours of Service of Drivers; American Pyrotechnics Association; Request to Include Additional Member Companies to Current APA HOS Exemptions, 46988-46989 2024-11867 Federal Procurement Federal Procurement Policy Office NOTICES Acquisition Data Management, 46913-46923 2024-11864 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 46887 2024-11903 Federal Trade Federal Trade Commission RULES Health Breach Notification Rule, 47028-47064 2024-10855 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Revision of the Critical Habitat Designation for the Jaguar in Compliance with a Court Order, 46822-46824 2024-11758 PROPOSED RULES Endangered and Threatened Species: Designation of Critical Habitat for the Dixie Valley Toad, 46838-46852 2024-11847 Food and Drug Food and Drug Administration RULES Charter Amendments, Establishments, Renewals and Terminations: Science Advisory Board to the National Center for Toxicological Research, 46802 2024-11811 Foreign Assets Foreign Assets Control Office RULES Publication of Venezuela Sanctions Regulations Web General License 8N, 46802-46803 2024-11846 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Expansion:

Swagelok Co., Cleveland, OH, 46856 2024-11833 Proposed Production Activity: Gotion Inc. (Lithium Battery Packs and Lithium Battery Systems), Foreign-Trade Zone 22, Manteno, IL, 46856-46857 2024-11835 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Findings of Research Misconduct, 46891-46892 2024-11829 Hearings, Meetings, Proceedings, etc.:

Stakeholder Listening Session for the G7 Health Track, 46890-46891 2024-11787 Homeland Homeland Security Department See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirements for Single Family Mortgage Instruments, 46899-46900 2024-11832 Requests for Nominations: Housing Counseling Federal Advisory Committee, 46900-46901 2024-11799 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Hearings, Meetings, Proceedings, etc.:

National Museum and Library Services Board, 46923 2024-11808 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ferrosilicon from Brazil, Kazakhstan, and Malaysia, 46860-46861 2024-11908 Organic Soybean Meal from India, 46864-46866 2024-11909 Export Trade Certificate of Review, 46857 2024-11814 Sales at Less Than Fair Value; Determinations, Investigations, etc.:

Frozen Warmwater Shrimp from Ecuador, 46857-46860 2024-11898 Frozen Warmwater Shrimp from Indonesia, 46861-46864 2024-11899 International Trade Com International Trade Commission NOTICES Complaint, 46901-46902 2024-11845 Meetings; Sunshine Act, 46902-46903 2024-11971 2024-12007 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tribal Access Program Application, 46909 2024-11831 Proposed Consent Decree:

CERCLA, Clean Water Act, 46908 2024-11862 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Authorization Request Form/Certification/Letter of Medical Necessity, 46910-46911 2024-11813 Authorization Request Forms, 46912-46913 2024-11809 Claim for Medical Reimbursement, 46909-46910 2024-11810 Mine Safety and Health Administration Grant Performance Reports, 46912 2024-11812 Occupational Exposure to Beryllium and Beryllium Compounds Standard in the Shipyard Sector, 46911-46912 2024-11874 Occupational Exposure to Beryllium Standard in the Construction Industry, 46911 2024-11875 Management Management and Budget Office See Federal Procurement Policy Office National Archives National Archives and Records Administration RULES Federal Records Management:

Digitizing Temporary Records, 46803-46805 2024-11910 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.: Board of Overseers of the Malcolm Baldrige National Quality Award, 46866 2024-11876 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Stakeholder Measures and Advocate Forms at the National Cancer Institute, 46894-46895 2024-11897 Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 46896-46897 2024-11853 National Center for Advancing Translational Sciences, 46898 2024-11850 National Center for Complementary and Integrative Health, 46892-46893, 46895, 46897-46898 2024-11851 2024-11854 2024-11855 National Heart, Lung, And Blood Institute, 46894 2024-11856 National Institute of Allergy and Infectious Diseases, 46892-46893 2024-11857 2024-11858 National Institute of Mental Health, 46898 2024-11849 Office of the Secretary, 46893-46894 2024-11848 Licenses;

Exemptions, Applications, Amendments etc.: Government-Owned Inventions, 46895-46896 2024-11796 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Removal of American Lobster Effort Control Measures, 46825-46829 2024-11453 Pacific Halibut Fisheries of the West Coast: 2024 Catch Sharing Plan and Recreational Management Measures;

Correction, 46824-46825 2024-11866 NOTICES Requests for Nominations: Membership on the Space Weather Advisory Group, 46866-46867 2024-11827 Personnel Personnel Management Office PROPOSED RULES Prevailing Rate Systems: Abolishment of Calhoun, AL, as a Nonappropriated Fund Federal Wage System Wage Area, 46830-46831 2024-11826 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 46923-46924 2024-11873 Science Technology Science and Technology Policy Office NOTICES Request for Information:

Federal Evidence Agenda on Disability Equity, 46924-46926 2024-11838 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq ISE, LLC, 46926-46937 2024-11801 NYSE Arca, Inc., 46937-46944 2024-11804 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46944 2024-11797 Disaster Declaration: Indiana, 46944-46945 2024-11820 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46945-46947 2024-11803 Trade Representative Trade Representative, Office of United States NOTICES Exclusion: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 46948-46984 2024-11904 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46990-46991 2024-11860 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Registration, 46898-46899 2024-11863 U.S. China U.S.-China Economic and Security Review Commission NOTICES Hearings, Meetings, Proceedings, etc., 46991-46992 2024-11841 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Lay/Witness Statement, 46992 2024-11844 Paralympics and Olympics Monthly Training Allowance Application and Certification, 46993 2024-11861 Statement in Support of Claim, 46992-46993 2024-11840 Veteran's Application for Increased Compensation Based on Unemployability, 46993-46994 2024-11859 Intent To Exempt Copayments for the First Three Mental Health Care Outpatient Visits Annually, 46994-46996 2024-10483 Separate Parts In This Issue Part II Environmental Protection Agency, 46998-47026 2024-11687 Part III Federal Trade Commission, 47028-47064 2024-10855 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. 89 105 Thursday, May 30, 2024 Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Parts 1112 and 1223 [Docket No. CPSC-2013-0025] Safety Standard for Infant and Cradle Swings AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule. SUMMARY: In June 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 ASTM F2088-12a, *Standard Consumer Safety Specification for Infant Swings,* the voluntary standard for infant swings that was in effect at the time. Because the standard applied to both infant and cradle swings, in 2020, ASTM changed the title of the voluntary standard by adding cradle swings to the title. ASTM has now issued a revised standard, ASTM F2088-24, *Standard Consumer Safety Specification for Infant and Cradle Swings.* 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, this direct final rule updates the mandatory standard to incorporate by reference ASTM's 2024 version of the voluntary standard. It also revises the mandatory standard to include “cradle swings” to align with the voluntary standard. DATES: The rule is effective on September 14, 2024, unless the Commission receives a significant adverse comment by July 1, 2024. 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 September 14, 2024. ADDRESSES: You can 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. CPSC typically does not accept comments submitted by email, except as described below. CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. *Mail/Hand Delivery/Courier/Confidential Written Submissions:* Submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone:

(301)504-7479. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: *cpsc-os@cpsc.gov.* *Instructions:* All submissions must include the agency name and docket number. 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 through this website: 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/confidential 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: Will Cusey, Small Business Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone

(301)504-7945 or

(888)531-9070; email: *sbo@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 updating the Commission's rules 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, within 90 days of receiving notice of the revision, 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. 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 (CPSA; 15 U.S.C. 2058), effective 180 days after the Commission received notification of the revision or on a later date specified by the Commission in the **Federal Register** . 15 U.S.C. 2056a(b)(4)(B). B. Safety Standard for Infant and Cradle Swings Under section 104(b)(1) of the CPSIA, the Commission adopted a mandatory rule for infant swings, codified in 16 CFR part 1223, “Safety Standard for Infant Swings.” The rule incorporated by reference ASTM F2088-12a, *Standard Consumer Safety Specification for Infant Swings,* with modifications to make the standard more stringent. 77 FR 66703 (Nov. 7, 2012). The mandatory standard included performance requirements and test methods, as well as requirements for warning labels and instructions, to address hazards to children. At the time the Commission published the final rule, ASTM F2088-12a was the current version of the voluntary standard. In 2013, ASTM notified CPSC that it had issued a revised standard and the Commission published a direct final rule to update 16 CFR part 1223, incorporating by reference the new ASTM F2088-13, with no modifications. 78 FR 37706 (June 24, 2013). ASTM later approved two more revisions: ASTM F2088-15 and ASTM F2088-19. However, ASTM did not notify CPSC of these revisions under CPSIA section 104(b)(4)(B). Consequently, these revised standards did not become the mandatory standards by operation of law, and the Commission did not update the mandatory standard to incorporate by reference these revised ASTM standards. In 2020, ASTM notified CPSC that it had issued a further revised standard, ASTM F2088-20, and the Commission published a direct final rule to update 16 CFR part 1223, incorporating by reference ASTM F2088-20, with no modifications. 1 86 FR 4961 (Jan. 19, 2021). In 2021, ASTM notified CPSC that it had issued another revised standard, ASTM F2088-21, and the Commission published a direct final rule to update 16 CFR part 1223, incorporating by reference ASTM F2088-21, with no modifications. 86 FR 59609 (Oct. 28, 2021). In 2022, ASTM notified CPSC that it had issued an additional revision, ASTM F2088-22, and the Commission published a direct final rule to update 16 CFR part 1223, incorporating by reference ASTM F2088-22, with no modifications. 87 FR 57390 (Sep. 20, 2022). ASTM F2088-22 is the current mandatory standard incorporated by reference in 16 CFR part 1223. 1 One revision to ASTM F2088-20 was to change the title for the standard from “Standard Consumer Safety Specification for Infant Swings” to “Standard Consumer Safety Specification for Infant and Cradle Swings.” The change to the title did not alter the scope of the standard; performance requirements and test methods for cradle swings had been in the scope of the standard since ASTM first adopted it. The revision was a clarifying change to the title to make it clear that the standard also applied to cradle swings. In February 2024, ASTM published a revision to the voluntary standard, approving ASTM F2088-24. On March 18, 2024, ASTM notified CPSC of the revision. On March 28, 2024, the Commission provided notice in the **Federal Register** of the availability of the revised standard and sought comments on the effect of the revisions. 89 FR 21497. CPSC did not receive any comments. As discussed below, based on CPSC staff's review of ASTM F2088-24, 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 and cradle swings, or are neutral with respect to safety. 2 In addition, with this update, the Commission is now revising the mandatory standard to align with the 2020 change to the title of the voluntary standard by including the words “cradle swings.” Accordingly, by operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F2088-24 will become the mandatory consumer product safety standard for infant and cradle swings on September 14, 2024. 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 F2088-24. 2 The Commission voted 5-0 on May 21, 2024, to approve this rule. II. Revisions to ASTM F2088 ASTM F2088-24 includes several substantive additions and revisions, revisions to clarify existing requirements, and editorial revisions that do not alter substantive requirements in the standard or affect safety. The standard continues to apply to both infant and cradle swings. 3 3 An infant swing is “a swing that enables an infant in a seated position to swing or glide and is intended for use with infants from birth until infant attempts to climb out of the swing (approximately 9 months).” A cradle swing is “a swing which is intended for use by an infant lying flat to swing or glide and is intended for use with infants from birth until infant begins to push up on hands and knees (approximately 5 months).” A. Substantive and Clarifying Revisions ASTM F2088-24 contains substantive changes to requirements in section 6.9 that address the strangulation and entrapment hazard to non-occupants associated with tethered straps and cords on swings. 16 CFR part 1223, incorporating by reference ASTM F2088-22, addresses the strangulation hazard posed by a length of strap that can wrap around an infant's neck and specifies that any accessible tethered straps on the underside of the seat must not exceed 16 inches. The 16-inch length limit is based on the approximate perimeter of a 5th percentile 6-month-old small head probe used in other infant product standards (section X1.4). However, accessible tethered straps on the underside of the seat can form an opening with other parts of the swing, also posing an entanglement or strangulation hazard. CPSC staff identified two incidents demonstrating this hazard involving products that would have passed the 16-inch ASTM F2088-22 tethered strap requirement and raised the issue with ASTM. 4 In a non-fatal incident in 2018, 5 a 10-month-old infant became entangled around the neck in the tethered straps on the underside of an infant swing that formed an opening in conjunction with the fabric seat of the product, resulting in injuries. In a fatal incident in 2020, 6 a 10-month-old was found “tangled” and not breathing with the tethered straps around the infant's neck; the straps formed an opening in conjunction with the fabric seat of the swing. 4 Staff letter to Ms. Costello, chair of ASTM F15.21 on Infant Swings, dated October 1, 2020. 5 August 2018, IDI 180814HCC1899. 6 December 2020, IDI 210616CCC3129. Revisions in ASTM F2088-24 address the head entrapment and strangulation hazard by requiring that:

(1)an opening under the swing (formed by the tethered strap by itself, with other straps, or in conjunction with the product) is either too small to allow an infant's head to fit or large enough to allow an infant's torso (and head) to pass through, and

(2)if the opening is large enough to pass an infant's torso, the tethered strap portion of the opening cannot be manipulated to loop around an infant's neck. The revised requirements and corresponding test methods ensure that any openings bounded by the strap are either too small for an infant's head to enter or are large enough for the infant's head to escape (without also posing a strangulation hazard in the strap portion of the opening). Several revisions in the standard relate to this change. First, the Terminology section of ASTM F2088-24 adds definitions for “cord” (section 3.1.3) and “strap” (section 3.1.13) and revises the definition of “tethered strap” (section 3.1.15). ASTM added the word “cord” to the requirements related to tethered straps throughout the standard. Using both “cord” and “strap” in the relevant requirements and defining these terms ensures that all components that present the same hazard are included within the relevant requirements. Consistent with this change, the defined term “tethered strap” was expanded to include “and/or cord,” and the wording of the definition was revised—previously it included only straps that attached a restraint system or seat to the product frame; as revised, it includes any accessible and exposed strap or cord behind or below the occupant support surface with both ends secured to the product or itself. This revised definition addresses the fact that hazardous straps/cords can be part of or be attached to any component of the product and not just the restraint system or seat. 7 7 The Terminology section also includes two added “discussion” points to clarify that neither straps/cords that are part of the restraint system and attached only to the front of the seat, nor straps/cords that are inaccessible or covered by other components of the product, are considered a “tethered strap and/or cord.” The hazard indicated in the incidents do not implicate these configurations. Second, ASTM F2088-24 includes revised provisions in the Performance Requirements section (section 6.9) and Test Methods section (section 7.16). Where ASTM F2088-22 simply specified a 16-inch length limit for a tethered strap that is accessible on the underside of the seat, ASTM F2088-24 states that when tested under conditions specified in section 7 of the standard, all tethered straps and cords that form a bounded opening, alone or in conjunction with the product

(1)must not allow the passage of the small head probe, or

(2)must allow the passage of the large head probe, and the strap/cord portion of the bounded opening must not form a loop with a perimeter greater than 7.4 inches. Revised test methods in section 7.16 modify the test set-up and initial conditions for testing to ensure that the product is secured, the loop formed below the product is not influenced by weight in the seat, and the buckles and/or hardware are positioned to allow for the maximum length of any strap/cord to be accessible from behind or below the occupant support surface during testing. ASTM F2088-24 also adds the use of a 3/4-inch diameter clamping surface tool during the strap/cord evaluation test method to ensure consistency during the application of the pull force. During the assessment of the bounded openings, the test methods specify the insertion forces to be used with the small and large head probes (10 and 5 pounds, respectively). 8 The insertion forces allow for compression of soft goods in the testing area and consistency in testing. After the large head probe test in the evaluation of the bounded opening, the test methods also include a provision to use a 7.4-inch circumference cylindrical probe to evaluate the strap/cord length and tautness. The standard includes new figures (figures 14, 15, 16, and X1.1) to provide dimensions and illustrations of the small head probe, large head probe, and cylindrical probe. 8 The 10-pound force is based on the force used to evaluate loops and cords in the ASTM Toy Standard and the ANSI standard for Window Coverings (ASTM F2088-24, section X1.9). CPSC considers the revisions in ASTM F2088-24 to be an improvement to safety because the revisions address entrapment and strangulation hazards posed by openings created by accessible tethered straps under the swing and other parts of the product; this hazard is not addressed by ASTM F2088-22. Limiting the length of a tethered strap alone, as ASTM F2088-22 does, is less effective to address the entrapment and strangulation hazard because it does not address the size of an opening formed with the strap/cord and other parts of the product. The intent of the 16-inch maximum length requirement was to prevent the head of a child 6-months or older from becoming entangled if an exposed tethered strap formed a loop with itself. However, the requirement does not account for a strap that creates a bounded opening with other parts of the swing, which could create an opening large enough to allow the head of an infant to enter, and consequently, become entangled. Additionally, the requirement did not address that adjoined straps can pose an entrapment hazard. The revised requirements in ASTM F2088-24 address those hazard patterns. The revised requirements ensures that the opening formed in conjunction with the strap/cord is either

(1)small enough to prevent an infant's head from entering and getting entrapped and posing a strangulation hazard, 9 or

(2)large enough for an infant's head to escape and not get entrapped and not pose a strangulation hazard when in the bounded opening. 10 If the opening is large enough to allow an infant's torso and head to pass, an additional test ensures that the strap portion of the opening is not loose/long enough to wrap around an infant's neck; this test uses a 7.4-inch circumference probe to verify strap cannot form loop around it. 11 9 As the revised section X1.4 of the Rationale section indicates, the small head probe represents the 5th percentile 6-month-old child because that is the youngest child with the developmental abilities to become entrapped. 10 As the new section X1.5 of the Rational section indicates, the large head probe represents the 97th percentile 3-year-old child. 11 As the new section X1.5 of the Rational section indicates, the 7.4-inch circumference limit was selected to provide a safety factor based on an average neck circumference of about 8.3 inches for a 5th percentile 3- to 6-month-old infant and is consistent with the cord length requirements in the Play Yards Standard (ASTM F406). These revisions in ASTM F2088-24 are an improvement to the safety of the swings because they address the head entrapment and entanglement hazards demonstrated in incidents with exposed straps/cords behind or below swings. B. Non-Substantive Revisions ASTM F2088-24 also includes several minor additions and revisions that are editorial and do not alter any substantive requirements in the standard. In particular, ASTM F2088-24 updates the list of Referenced Documents and includes several minor wording changes for consistency with the revisions to the tethered strap/cord requirements ( *e.g.,* changing “tethered straps” to “tethered straps and cords”). The revised standard also updates section and figure numbers to reflect revised and new sections and figures. ASTM also updated the Rationale section of the standard to provide explanatory information about the revisions. Because these revisions do not change any substantive requirements, they are neutral regarding the safety of infant and cradle swings. III. Incorporation by Reference Section 1223.2 of the direct final rule incorporates by reference ASTM F2088-24. 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. Revisions to ASTM F2088 of this preamble summarizes the major provisions of ASTM F2088-24 that the Commission incorporates by reference into 16 CFR part 1223. The standard is reasonably available to interested parties in several ways. Until the direct final rule takes effect, a read-only copy of ASTM F2088-24 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/.* Additionally, interested parties can purchase a copy of ASTM F2088-24 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; phone:

(610)832-9500; *www.astm.org.* Finally, interested parties can schedule an appointment to inspect a copy of the standard at CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone:

(301)504-7479; email: *cpsc-os@cpsc.gov.* IV. Certification Section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)) requires manufacturers, including importers, 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 and cradle 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; 12 the phthalates prohibitions in section 108 of the CPSIA 13 and 16 CFR part 1307; the tracking label requirements in section 14(a)(5) of the CPSA; 14 and the consumer registration form requirements in section 104(d) of the CPSIA. 15 ASTM F2088-24 makes no changes that would impact any of these existing requirements. 12 15 U.S.C. 1278a. 13 15 U.S.C. 2057c. 14 15 U.S.C. 2063(a)(5). 15 15 U.S.C. 2056a(d). V. Notice of Requirements In accordance with section 14(a)(3)(B)(vi) of the CPSA, the Commission previously published a notice of requirements

(NOR)for accreditation of third-party conformity assessment bodies (third-party labs) for testing infant and cradle swings and codified the requirement at 16 CFR 1112.15(b)(8). 78 FR 15836 (March 12, 2013). The NOR provided the criteria and process for CPSC to accept accreditation of third-party conformity assessment bodies for testing infant and cradle 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.* For consistency, the rule amends the notice of requirements in § 1112.15(b)(8) of 16 CFR part 1112 to read “16 CFR part 1223, Safety Standard for Infant and Cradle Swings.” ASTM F2088-24 includes revised requirements for testing infant and cradle swings. The revision requires the use of a small head probe, a large head probe, a 3/4 -inch clamping surface tool, and a 2.355-inch diameter cylinder probe. The small head probe, large head probe, and clamping surface tool are common test equipment used by third-party labs on several juvenile products that are subject to CPSC mandatory standards, such as play yards (ASTM F406 uses all three tools), infant walkers (ASTM F977 uses the small head probe and clamping tool), high chairs (ASTM F404 uses the clamping tool), toys (ASTM F963 uses the clamping tool), infant bouncers (ASTM F2167 uses the clamping tool), and strollers (ASTM F833 uses the clamping tool). Accordingly, third-party labs that test juvenile products are likely to already have this test equipment. However, third-party labs will need to buy or construct a cylindrical probe of 2.355 inches in diameter to perform the strap/cord length and tautness test (section 7.16.8). The building materials are easily accessible from supply stores and the probe would be simple to construct. The cost to procure or build the cylindrical probe is estimated to be approximately $50. Accordingly, the revisions do not significantly change the way that third-party labs test these products for compliance with the safety standard for swings. In addition, the existing accreditations that the Commission has accepted for testing requirements in earlier versions of ASTM F2088, including ASTM F2088-22, will cover testing to the revised standard. Therefore, the Commission considers the existing CPSC-accepted laboratories for the testing requirements in ASTM F2088-22 to be capable of testing to ASTM F2088-24 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. VI. Direct Final Rule Process On March 28, 2024, the Commission provided notice in the **Federal Register** of the revision to the standard and requested comment on whether the revision improves the safety of swings covered by the standard. 89 FR 21497. CPSC did not receive any comments. Now, 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. 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 F2088-24 would take effect as the new CPSC standard for infant and cradle swings in the absence of any action by the Commission. Thus, public comments would not lead to substantive changes to the standard or to 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. CPSC did not receive any adverse comments about the requirements in this update in response to the Notice of Availability published on March 28, 2024. Unless CPSC receives a significant adverse comment within 30 days of this notification, the rule will become effective on September 14, 2024. 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 that undermines “the rule's underlying premise or approach,” or a showing that the rule “would be ineffective or unacceptable without change.” 60 FR 43108, 43111. As noted, this rule 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 further 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. VIII. Paperwork Reduction Act The current mandatory standard 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 Commission took the steps required by the PRA for information collections when it promulgated 16 CFR part 1223, and the marking, labeling, and instructional literature for infant and cradle swings are currently approved under Office of Management and Budget

(OMB)Control Number 3041-0159. The revision does not affect the information collection requirements or approval related to the standard. IX. Environmental Considerations The Commission's regulations provide for a categorical exclusion 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). 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 180 days after 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 infant and cradle swings. Therefore, ASTM F2088-24 automatically will take effect as the new mandatory standard for infant and cradle swings on September 14, 2024, 180 days after the Commission received notice of the revision. As a direct final rule, unless the Commission receives a significant adverse comment within 30 days of this notice, the rule will become effective on September 14, 2024. 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, OIRA has determined that 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 16 CFR Part 1112 Consumer protection, Third party conformity assessment body requirements, Audit. 16 CFR Part 1223 Consumer protection, Imports, Incorporation by reference, Infants and children, Labeling, Law enforcement, Safety, Toys. For the reasons discussed in the preamble, the Commission amends 16 CFR chapter II as follows: PART 1112—REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY ASSESSMENT BODIES 1. The authority citation for part 1112 continues to read as follows: Authority: 15 U.S.C. 2063. 2. Amend § 1112.15 by revising paragraph (b)(8) to read as follows: § 1112.15 When can a third party conformity assessment body apply for CPSC acceptance for a particular CPSC rule or test method?

(b)* * *

(8)16 CFR part 1223, Safety Standard for Infant and Cradle Swings; 3. Revise part 1223 to read as follows: PART 1223—SAFETY STANDARD FOR INFANT AND CRADLE SWINGS Sec. 1223.1 Scope. 1223.2 Requirements for infant and cradle swings. Authority: 15 U.S.C. 2056a. § 1223.1 Scope. This part establishes a consumer product safety standard for infant and cradle swings (including combination swings). § 1223.2 Requirements for infant and cradle swings. Each infant and cradle swing (including combination swings) must comply with all applicable provisions of ASTM F2088-24, * Standard Consumer Safety Specification for Infant and Cradle Swings, * approved on February 1, 2024. 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 inspect a copy at the Office of the Secretary, 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.* A read-only copy of the standard is available for viewing on the ASTM website at *https://www.astm.org/READINGLIBRARY/.* You may obtain a copy from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone

(610)832-9500; *www.astm.org.* Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2024-11792 Filed 5-29-24; 8:45 am]

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