Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91545 

4Staffing-Related Relief Concerning Operations at 

Ronald Reagan Washington National Airport, John 

F. Kennedy International Airport, LaGuardia 

Airport, and Newark Liberty International Airport, 

October 27, 2024, through March 29, 2025 (Winter 

2024/2025) and March 30, 2025, through October 

25, 2025 (Summer 2025). 89 FR 49256 (June 11, 

2024). 

without any mitigation measures, and 

one scenario with arrival limit 

mitigation measures in place. The 

mitigation measures incorporate Air 

Traffic Control (ATC) data used to 

assess capacity at EWR throughout the 

construction period. These mitigation 

measures align with the number of 

operations that ATC finds to be 

sustainable during the runway closure, 

while accounting for the differing 

demand profiles. 

For the scenario without any 

mitigation measures, the FAA estimates 

approximately 65% of total arrivals 

would be delayed by an average of 55.8 

minutes per arrival, and 92% of total 

departures would be delayed by an 

average of 86.6 minutes per departure. 

These arrival delays would be 

unrecoverable throughout the day. 

The FAA then modeled a scenario 

that limited operations to no more than 

35 arrivals per hour through 2:00 p.m., 

and no more than 31 arrivals per hour 

from 3:00 p.m. to the end of the day. 

The FAA also modeled operations with 

no more than 35 departures per hour 

through 4:00 p.m., and no more than 31 

departures per hour from 5:00 p.m. 

through the end of the day. The FAA 

arrived at these arrival and departure 

limits based on analysis of historical 

data from the previous closure of 

Runway 4L–22R due to construction in 

2014. These numbers reflect the median 

rates that EWR was able to sustain 

under the constraint of a runway 

closure. 

With these mitigation measures in 

place, the FAA estimates that 

approximately 21% of total arrivals 

would experience an average delay of 

about 38 minutes per delayed arrival, or 

an average of 7.9 minutes of delay per 

arrival, and approximately 44% of total 

departures would experience an average 

delay of about 39.9 minutes per delayed 

departure, or an average of 17.5 minutes 

of delay per departure. 

The FAA determined that the 

mitigation measures will balance 

efficient and timely operations at EWR 

during the construction period and limit 

the impact on carrier’s scheduled 

operations for the convenience of the 

flying public. Although the potential for 

some delays may still occur in the 

evening hours, a more stringent hourly 

targeted limit would result in some 

airport capacity being under-utilized. 

Decision 

The FAA has determined that the 

runway closures at EWR warrant 

limited, conditional schedule relief 

because the impacts to operations are 

beyond the carriers’ control and extend 

throughout 2025. The targeted schedule 

reductions detailed below apply to both 

the weekend closures March 1, 2025, to 

April 14, 2025, and September 1, 2025, 

to December 31, 2025, and the daily 

closures from April 15, 2025, through 

June 15, 2025. 

For arrivals, the FAA requests that 

carriers reduce operations to no more 

than 35 arrivals per hour from 6:00 a.m. 

through 2:00 p.m., and no more than 31 

arrivals per hour from 3:00 p.m. through 

the end of the day, without moving 

operations into the adjacent hours. For 

departures, the FAA requests that 

carriers reduce operations to no more 

than 35 departures per hour from 6:00 

a.m. through 4:00 p.m., and no more 

than 31 departures per hour from 5:00 

p.m. through the end of the day. The 

FAA will not approve any new 

requested timings during the runway 

closure period. These targeted 

scheduling limits are effective from 

Friday at 11:00 p.m. through 5:00 a.m. 

on Sunday from March 1, 2025, to April 

14, 2025, and September 1, 2025, to 

December 31, 2025, and continuously 

from April 15, 2025, through June 15, 

2025. 

Recognizing that the Summer 2025 

Scheduling Season begins on March 30, 

2025, the FAA will work with carriers 

to reduce schedules, if needed, through 

the transition from the Winter 2024/ 

2025 Scheduling Season to the Summer 

2025 Scheduling Season where the 

runway closures overlap with 2024/ 

2025 Winter schedules. 

The FAA is also extending a limited, 

conditional waiver from minimum 

usage requirements at DCA for service to 

and from EWR, and providing similar 

relief at ORD, LAX and SFO under the 

Level 2 process for approved schedules 

to and from EWR. Carriers may also 

choose to use those slots at DCA, or the 

approved runway times at ORD, LAX 

and SFO, for operations to airports other 

than EWR. If carriers choose to reduce 

their schedules between EWR–DCA or 

EWR and other Level 2 airports, the 

FAA encourages, to the extent 

practicable, carriers to utilize their slots 

or approved schedules to operate to 

other destinations. 

Additionally, the FAA understands 

that terminal-related construction 

projects and shortened runways are 

planned at EWR between September 1, 

2024, and December 31, 2025. The FAA 

will continue to work with the Port 

Authority of New York and New Jersey 

(PANYNJ) and other stakeholders 

throughout the various phases of this 

project. The FAA requests that carriers 

submit requests for relief associated 

with the terminal construction separate 

from this policy on an individual, asneeded basis, for the FAA’s 

consideration. If needed, based on 

future analyses, the FAA may establish 

additional schedule reduction periods 

to accommodate these phases of the 

construction project. 

Finally, the FAA notes that the 

Staffing-Related Relief is in place from 

October 27, 2024, through October 25, 

2025.4 This relief cannot be combined 

with the Staffing-Related Relief. 

For the weekend runway closures 

from March 1, 2025, to April 14, 2025, 

and September 1, 2025, to December 31, 

2025, and the daily runway closures 

from April 15, 2025, through June 15, 

2025, the FAA will recognize priority of 

approved schedules or the historical 

precedence of related slots, subject to 

the following conditions: 

(1) Slots or approved schedules for 

initial use in the Summer 2025 and 

Winter 2025/2026 scheduling seasons 

are not eligible for relief. 

(2) Slots granted historic precedence 

for subsequent seasons based on this 

relief are not eligible for transfer if the 

slot holder ceases all operations at the 

airport. 

Issued in Washington, DC, on November 

13, 2024. 

Daniel J. Murphy, 

Acting Vice President, System Operations 

Services. 

[FR Doc. 2024–26820 Filed 11–18–24; 11:15 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1226 

[Docket No. CPSC–2013–0014] 

Safety Standard for Soft Infant and 

Toddler Carriers 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: In March 2014, the U.S. 

Consumer Product Safety Commission 

(CPSC or Commission) published a 

safety standard for soft infant and 

toddler carriers under section 104 of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA). The standard 

incorporated by reference ASTM 

F2236–14, Standard Consumer Safety 

Specification for Soft Infant and 

Toddler Carriers, the voluntary standard 


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91546 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

1On November 13, 2024, the Commission voted 

(5–0) to approve this rule. 

for soft infant and toddler carriers that 

was in effect at the time. ASTM has now 

issued a revised standard, ASTM 

F2236–24. Consistent with the CPSIA, 

this direct final rule updates the 

mandatory standard to incorporate by 

reference ASTM’s 2024 version of the 

voluntary standard. 

DATES: The rule is effective on February 

22, 2025, unless CPSC receives a 

significant adverse comment by 

December 20, 2024. 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 February 22, 

2025. 

ADDRESSES: You can submit comments, 

identified by Docket No. CPSC–2013– 

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 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–2013–0014, 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 ‘‘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, 

then 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 Soft Infant and 

Toddler Carriers 

Under section 104(b)(1) of the CPSIA, 

the Commission published a mandatory 

standard for soft infant and toddler 

carriers, codified in 16 CFR part 1226, 

‘‘Safety Standard for Soft Infant and 

Toddler Carriers.’’ The rule 

incorporated by reference the thencurrent voluntary standard, ASTM 

F2236–14, Standard Consumer Safety 

Specification for Soft Infant and 

Toddler Carriers, without alteration. 79 

FR 17422 (Mar. 28, 2014). ASTM F2236 

applies to soft infant and toddler 

carriers, defined as ‘‘a product, normally 

of sewn fabric construction, which is 

designed to contain a full term infant to 

a toddler, generally in an upright 

position, in close proximity to the 

caregiver.’’ The mandatory standard 

includes performance requirements and 

test methods, as well as requirements 

for warning labels and instructions, to 

address hazards associated with soft 

infant and toddler carriers. 

After the Commission adopted the 

mandatory standard in 2014, ASTM 

approved two more revisions: ASTM 

F2236–16 and ASTM F2236–16a. 

However, ASTM did not notify CPSC of 

these revisions under CPSIA section 

104(b)(4)(B). Consequently, the 

Commission did not update its 

mandatory standard to incorporate by 

reference either of these revised ASTM 

standards. 

In July 2024, ASTM approved another 

revision to the voluntary standard for 

soft infant and toddler carriers, ASTM 

F2236–24. On August 26, 2024, ASTM 

notified CPSC of the revision. On 

September 10, 2024, the Commission 

published in the Federal Register a 

notice of availability of the revised 

voluntary standard and sought 

comments on the effect of the revisions. 

89 FR 73320. CPSC received no 

comments on the notice of availability. 

As discussed below, based on staff’s 

review of ASTM F2236–24, the 

Commission will allow the revised 

voluntary standard to become the 

mandatory standard for soft infant and 

toddler carriers because the revised 

requirements in the voluntary standard 

improve the safety of soft infant and 

toddler carriers overall; and none of the 

revised requirements reduce safety.1

Accordingly, by operation of law under 

section 104(b)(4)(B) of the CPSIA, 

ASTM F2236–24 will become the 

mandatory consumer product safety 

standard for soft infant and toddler 

carriers on February 22, 2025. 15 U.S.C. 

2056a(b)(4)(B). This direct final rule 

updates part 1226 to incorporate by 

reference the revised voluntary 

standard, ASTM F2236–24. 

II. Revisions to ASTM F2236 

ASTM has revised the voluntary 

standard for soft infant and toddler 

carriers three times since its adoption of 


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2ASTM F2236–14 and ASTM F2236–16 defined 

‘‘fastener’’ as a ‘‘mechanical means of attachment 

that may also allow for adjustments of the product 

fit to wearer and occupant including, but not 

limited to, buckles, snaps, rings, D-rings, hook-andloop, etc., and excluding fabric-only means of 

attachment and fit adjustment such as, but not 

limited to, consumer-tied knots.’’ 

3ASTM F2236–16, in section 3.1.12, defined 

‘‘primary load bearing fastener’’ as ‘‘any fastener 

used in the attachment of the product to the 

caregiver which provides support for the child or 

is used to attach that support of the child to the 

caregiver, or both, that is subject to the direct force 

of the occupant load, including those fasteners 

associated with positioning or supporting the 

child’s torso within the carrier.’’ Section 3.1.14 

defined ‘‘secondary load bearing fastener’’ as ‘‘any 

fastener used in the attachment of the product to 

the caregiver which provides aid to the wearer for 

positioning primary load bearing components (for 

example, sternum strap fasteners). Such fasteners 

are subject to forces less than those exhibited by the 

direct occupant load in intended/foreseeable use.’’ 

4ASTM F2236–16a deleted ‘‘used in the 

attachment of the product to the caregiver’’ because 

it was not relevant to the definition of load bearing 

fasteners and could cause confusion. 

5The truncated test cone is 4.7 inches long, 4.7 

inches in diameter at one end, and 3.0 inches in 

diameter at the other end. The 4.7-inch diameter is 

meant to simulate the 50th percentile hip 

circumference of the smallest child likely to use the 

carrier (i.e., 7 to 8 lbs). 

ASTM F2236–14, which is the current 

mandatory standard. This section 

describes the changes in these three 

versions of the standard—ASTM F2236– 

16, ASTM F2236–16a, and ASTM 

F2236–24. The newly revised 2024 

version includes the revisions that 

ASTM made in the two 2016 versions of 

the standard. 

A. ASTM F2236–16 and ASTM F2236– 

16a 

On May 1, 2016, ASTM approved a 

revised version of the standard, ASTM 

F2236–16. On September 1, 2016, 

ASTM approved another revised version 

of the standard, ASTM F2236–16a. 

ASTM F2236–16 and ASTM F2236–16a 

included several substantive and 

clarifying additions and revisions, as 

well as editorial revisions that did not 

alter substantive requirements in the 

standard or affect safety. 

1. Substantive and Clarifying Revisions 

ASTM F2236–14 only provided a 

general definition for ‘‘fastener’’ in 

section 3.1.6.2 ASTM F2236–16 

included additions and revisions to the 

definition of ‘‘fastener’’ to clarify which 

type of fastener, primary load bearing, 

secondary load bearing, or non-load 

bearing, is subject to each performance 

requirement. First, the Terminology 

section of ASTM F2236–16 added 

definitions for ‘‘primary load bearing 

fastener’’ (section 3.1.12) and 

‘‘secondary load bearing fastener’’ 

(section 3.1.14).3 ASTM F2236–16a 

slightly modified these definitions for 

clarity.4

ASTM F2236–16 also included 

revisions to the performance 

requirements regarding fastener strength 

and strap retention (section 6.4) to 

clarify that primary load bearing 

fasteners are the type of fasteners that 

are subject to the performance 

requirements in section 6.4.1, which 

require an 80-pound load on the strap 

in accordance with sections 7.7.1 and 

7.7.2; secondary load bearing fasteners 

are the type of fasteners that are subject 

to the performance requirements in 

section 6.4.2, which require a 45-pound 

load on the strap in accordance with 

sections 7.7.1 and 7.7.3; and non-load 

bearing fasteners intended to retain 

accessory items or fasteners which do 

not provide support or securement of 

the child’s torso within the carrier are 

exempt from the requirements in section 

6.4. 

ASTM was made aware of questions 

and varying interpretations of ASTM 

F2236–14 that could result in straps not 

being tested to their proper test method, 

which would make the testing less 

stringent in some cases (specifically, if 

a fastener that is meant to be tested to 

section 7.7.2 is instead tested to the less 

stringent 7.7.3). In response, ASTM 

made these revisions to ensure that 

fasteners are tested using the proper test 

method. These revisions do not change 

which fasteners should be subject to 

each performance requirement. 

However, the revisions improve the 

clarity of the standard and better ensure 

that third party laboratories consistently 

test fasteners using the proper test 

method. As a result, these revisions will 

improve the safety of soft infant and 

toddler carriers. 

ASTM F2236–16a included further 

clarifying additions and revisions to test 

methods. ASTM F2236–14 included a 

Dynamic Load Test in which products 

are tested by repeatedly dropping a 

mass into the product in each of its 

carrying positions/configurations. This 

test is performed to evaluate the 

structural integrity of the product as it 

relates to occupant retention, as well as 

the slippage of the product’s adjustable 

support/shoulder straps. This test is 

meant to ensure that products do not 

create a hazardous condition as defined 

by Section 5 (examples: sharp edges and 

small parts), do not fail structurally, and 

do not fall off the wearer during normal 

use. Section 7.2.1.1 specified that the 

test must be performed with either a 25 

lb mass or a mass equal to the 

manufacturer’s recommended maximum 

weight for the specific carrying position 

of the product, whichever is greater. 

ASTM F2236–16a, however, added the 

word ‘‘occupant’’ before ‘‘weight’’ to 

clarify that that the weight being 

referred to in this section is the 

maximum occupant weight. ASTM 

explained in the Rationale section 

(section X1.2.1) that the ‘‘occupant’’ 

weight clarification was made to be 

consistent with the terminology used in 

the Static Load Test in section 7.2.2.3. 

ASTM also explained that the maximum 

weight for load tests was always 

intended to be the recommended 

maximum occupant weight, and that 

any additional weight from accessory 

items that come with the product or are 

sold specifically for use with the 

product and stored in pockets or 

pouches is negligible and need not be 

considered in the recommended carry 

weight of the product. While these 

revisions improve the clarity of the test 

method and ensure that the test is 

applied consistently, they do not 

increase the stringency of the test 

method or impact the outcome of 

performance testing because the 

accessory items generally consist of 

hoods, straps and similar components of 

the carrier that are stored in pockets or 

pouches and are not heavy enough to 

make a meaningful difference. 

Additionally, since neither version of 

the test specifies evaluating a product’s 

pockets/pouches, this revision does not 

affect the structural integrity of pockets/ 

pouches (which are not spaces that 

contain a child). Therefore, they are 

neutral regarding the safety of soft infant 

and toddler carriers. 

In addition, ASTM F2236–16a 

included revisions to the Unbounded 

Leg Opening Test (section 7.6.2). This 

test involves securing a product to a test 

torso, placing a 17 lb shot bag, meant to 

represent the weight/size of an occupant 

into the product, placing the truncated 

test cone 5 into a leg opening of the 

product, and applying a 5 lb force to the 

test cone for a minute to try to push the 

test cone through the leg opening. To 

meet the performance requirements, 

products shall not allow the truncated 

test cone to pass through any of the leg 

openings. This test is meant to evaluate 

the product’s leg openings and ensure 

that occupants cannot slip through the 

leg openings. Section 7.6.2 of ASTM 

F2236–14 only instructed that 

adjustable leg openings should be 

adjusted to their ‘‘smallest size’’ as 

described in the manufacturer’s 

literature or instructions. ASTM F2236– 

16a clarified that adjustable leg 

openings should be adjusted to ‘‘the size 

recommended for the smallest suitable 

occupant’’ as described in the 

manufacturer’s literature or instructions. 

ASTM made this clarification to address 

products for which, when the seat width 


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91548 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

is configured to accommodate the 

smallest suitable occupant, the leg 

openings are not in their smallest 

possible configuration. In these 

instances, staff assesses that it is 

appropriate to test the leg openings 

based on the product configuration most 

appropriate for the smallest occupant, 

rather than the configuration that 

produces the smallest leg opening. 

Specifically, the smallest occupant 

could have a larger leg size than the 

smallest possible opening. As large leg 

openings are more likely than small leg 

openings to fail the Unbounded Leg 

Opening Test by allowing the test cone 

to pass through, this revision makes the 

test more stringent for products where a 

larger leg opening is appropriate for the 

smallest suitable occupant. Therefore, 

this revision is an improvement to 

safety. 

2. Non-Substantive Revisions 

ASTM F2236–16 and ASTM F2236– 

16a also included several minor 

additions and revisions that were 

editorial in nature and did not alter any 

substantive requirements in the 

standard. For example, ASTM F2236–16 

updated section and figure numbers to 

reflect the substantive and clarifying 

revisions. ASTM also updated the 

Rationale sections of both standards to 

provide explanatory information about 

the 2016 revisions. Because these 

revisions did not change any 

substantive requirements, they are 

neutral regarding the safety of soft infant 

and toddler carriers. 

B. ASTM F2236–24 

On July 1, 2024, ASTM approved a 

revised version of the standard, ASTM 

F2236–24. ASTM F2236–24 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. All the revisions in both 2016 

ASTM versions of the standard are 

included in the newly revised version, 

ASTM F2236–24. Many of the changes 

in ASTM F2236–24 are intended to 

align with ASTM’s Ad Hoc Wording 

Task Group (Ad Hoc TG) 

recommendations for durable infant and 

toddler product standards. In December 

2013, ASTM convened the Ad Hoc TG, 

consisting of members of the various 

durable nursery products voluntary 

standards committees, including CPSC 

staff. The purpose of the Ad Hoc TG is 

to harmonize the wording, as well as the 

warning format, across durable infant 

and toddler product voluntary 

standards. This latest revision to the Ad 

Hoc TG recommendations is in a 

reference document titled 

‘‘Recommended Language Approved by 

Ad Hoc Task Group Revision H,’’ and is 

a part of the ASTM’s F15 Committee 

Documents. 

1. Substantive and Clarifying Revisions 

a. Terminology 

In the Terminology section of ASTM 

F2236–24, the definition of ‘‘static load’’ 

is revised. ASTM F2236–14 defined the 

term as ‘‘vertically downward force 

applied by a calibrated force gage or by 

dead weights.’’ ASTM F2236–24 revises 

the term by replacing the word ‘‘force’’ 

with ‘‘load’’ and replacing ‘‘a calibrated 

force gage or by dead weights’’ with 

‘‘weights or other means,’’ so that the 

definition is revised to state ‘‘vertically 

downward load applied by weights or 

other means.’’ These changes were made 

to align with Ad Hoc TG 

recommendations. Because these 

revisions simply modify wording and 

do not change the substantive meaning 

of the terms or change the stringency of 

the standard, they are neutral regarding 

the safety of soft infant and toddler 

carriers. 

b. Flammability 

ASTM F2236–24 makes revisions to 

section 5.7 regarding flammability, 

which include renaming the section to 

‘‘Flammability of Soft Infant and 

Toddler Carriers’’ from ‘‘Flammability 

of Textile Products.’’ ASTM F2236–24 

also replaces the word ‘‘product’’ with 

‘‘fabrics’’ in section 5.7.1 to clarify that 

fabrics, rather than products, are subject 

to the flammability requirements in 16 

CFR part 1610—Standard for the 

Flammability of Clothing Textiles. In 

addition, section 5.7.2 of ASTM F2236– 

14 stated that ‘‘[i]f a soft infant and 

toddler carrier is incapable of being 

evaluated to the requirements of 16 CFR 

1610 due to construction characteristics, 

the product shall not be flammable as 

defined under 16 CFR 1500.3(c)(6)(vi) 

[‘‘Flammable solid’’ definition] when 

tested in accordance with Consumer 

Safety Specification F963, Annex 5.’’ 

ASTM F2236–24 revises section 5.7.2 to 

clarify that ‘‘[c]omponents of the 

product that contain padding material(s) 

shall not be flammable as defined under 

16 CFR 1500.3(c)(6)(vi) when tested in 

accordance with Consumer Safety 

Specification F963, Annex A5.’’ ASTM 

made these revisions in response to 

reports that several testing laboratories 

were not evaluating fabrics to 16 CFR 

1610 and were instead evaluating them 

to 16 CFR 1500.3(c)(6)(vi). These 

revisions improve the clarity of the 

standard by specifying that all fabrics 

are subject to 16 CFR 1610, with the 

exception of padding components that 

are to be tested to 16 CFR 

1500.3(c)(6)(vi) using the test method in 

Consumer Safety Specification F963, 

Annex A5. These revisions also ensure 

that fabrics and padding materials are 

consistently being tested to the 

flammability requirements/test method 

best suited for their characteristics. 

(Fabrics are generally not well-suited for 

testing to the F963, Annex A5 test 

method.) Therefore, these changes 

constitute an improvement to safety. 

Also, the revised ASTM standard 

adds a note that the exemptions for 

flammability testing listed in 16 CFR 

1610.1(d) and 1610.6(a)(1)(vi) apply 

when a fabric is subject to the 

requirements of 16 CFR part 1610. The 

exemptions include the following 

fabrics: plain surface fabrics, regardless 

of fiber content, weighing 2.6 ounces 

per square yard or more; all fabrics, both 

plain surface and raised-fiber surface 

textiles, regardless of weight, made 

entirely from any of the following fibers 

or entirely from combination of the 

following fibers: acrylic, modacrylic, 

nylon, olefin, polyester, and wool; and 

narrow fabrics and loose fibrous 

materials manufactured less than 50 mm 

(2 in) in width in either direction. 

Although only indirectly stated, these 

exemptions under 16 CFR 1610.1(d) and 

1610.6(a)(1)(vi) previously were 

recognized as part of the standard and 

applied by test laboratories assessing 

products to ASTM F2236–14. Because 

the additional note does not provide for 

any new exemptions that were not 

already in existence at the time of 

ASTM F2236–14, it is neutral regarding 

the safety of soft infant and toddler 

carriers. 

Additionally, per the 

recommendation of the Ad Hoc TG, 

ASTM F2236–24 adds a requirement 

that non-toy accessories that are sold 

with and are intended to be attached to 

the product are also subject to the 

flammability requirements of section 

5.7. ASTM made this new requirement 

to ensure that non-toy accessory 

products such as hoods and bibs that are 

commonly included with and attached 

to soft infant and toddler carriers are 

subject to flammability requirements as 

well. Because these accessory products 

attach to the soft infant and toddler 

carriers, they pose a foreseeable 

flammability hazard. Therefore, this 

change introducing a new requirement 

for non-toy accessories improves safety 

because it ensures that these accessory 

products are also subject to the 

flammability requirements of section 

5.7. 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91549 

c. Marking and Labeling 

ASTM F2236–24 introduces an 

additional required warning statement 

for carriers that allow for nursing. This 

warning applies to all carriers except 

those that possess characteristics which 

render it impossible for the caregiver to 

nurse their baby while the baby is in the 

carrier. This warning instructs 

caregivers to reposition their baby after 

nursing so that the baby’s face is not 

pressed against the caregiver’s body. 

The new warning statement informs that 

if a baby’s face is pressed against the 

caregiver’s body while in the carrier, the 

baby could suffocate. The additional 

warning statement is an improvement to 

safety because it addresses a suffocation 

hazard pattern observed in soft infant 

and toddler carriers. There is no 

warning statement that addresses this 

suffocation hazard pattern in the 2014 

version of the standard incorporated in 

16 CFR part 1226. 

In addition, section 8 of ASTM 

F2236–24 includes several revisions to 

the marking and labeling requirements 

to bring the standard into alignment 

with current Ad Hoc TG 

recommendations. These revisions 

include: 

• requiring that the warnings be easy 

to read and understand and be in the 

English language at a minimum (section 

8.4.1); 

• requiring that any marking or 

labeling provided in addition to those 

required not contradict the meaning of 

the required information (section 8.4.2); 

• requiring that the warnings conform 

to ANSI Z535.4–2011 and other sections 

of the standard, which provide guidance 

on formatting (font size, layout, use of 

signal words, colors, and etc.) of 

warning labels (section 8.4.4); 

• adding a note that typefaces with 

large height-to-width ratios (i.e., 

condensed, compressed, or narrow) 

should be avoided (Note 4); 

• requiring that the message panel 

text layout be left-aligned, ragged-right 

for all but one-line text messages, which 

can be left-aligned or centered (section 

8.4.6.1); 

• adding Figure X1.1 in Appendix X1 

to show examples of left-aligned text as 

described in section 8.4.6.1 (Note 5); 

• updating Figure 5 to illustrate 

changes to section 8 and explaining that 

it is presented as an example for the 

display of the required warnings 

(section 8.5.3); and 

• adding a note to section 8.5 

explaining that verbiage other than what 

is shown can be used as long as the 

meaning is the same or information that 

is product-specific is presented (Note 6). 

Because these revisions provide a 

consistent format for manufacturers to 

follow and improve messaging so that it 

is more conspicuous, clear, noticeable, 

easily readable, and understandable to 

the consumer, they are an improvement 

to safety. Other revisions include 

requiring that the marking and labeling 

on the product and its retail package 

include both the place of business and 

telephone number of the manufacturer, 

distributor, or seller (section 8.1.1); and 

requiring that the marking and labeling 

on the product be permanent (section 

8.2). The revision in section 8.1.1 is an 

improvement to safety because it 

provides more information to the 

consumer, so that the consumer has 

more than one way of contacting the 

manufacturer, distributor, or seller if 

they have any safety-related questions 

or concerns. The revision in section 8.2 

is also an improvement to safety 

because it ensures that marking and 

labeling will not fall off of the product, 

so that marking and labeling would 

better be able to withstand normal wear 

and tear and remain visible to the 

consumer. 

Also, in some places for warnings on 

the product, use of the words ‘‘infant,’’ 

‘‘infants,’’ ‘‘child,’’ and ‘‘children’’ have 

been replaced with ‘‘baby’’ or ‘‘babies’’ 

(sections 8.5 and 8.6). Because these 

revisions don’t affect the substance of 

the messaging, they are neutral 

regarding the safety of soft infant and 

toddler carriers. 

d. Instructional Literature 

ASTM F2236–24 includes several 

revisions to the instructional literature 

requirements in section 9 for 

consistency with the current Ad Hoc TG 

recommendations and the revised 

warning label requirements in section 8. 

These revisions to the instructional 

literature requirements include adding 

requirements that instructions be in the 

English language at a minimum; that 

warnings in the instructions meet 

certain requirements specified in 

section 8 with regard to contrast with 

the background; and that any 

instructions provided in addition to 

those required shall not contradict or 

confuse the meaning of the required 

information or be otherwise misleading 

to the consumer. These revisions also 

include a note referencing ANSI Z535.6 

for additional guidance on the design of 

warnings for instructional literature. 

These revisions improve the safety of 

soft infant and toddler carriers by 

providing a consistent format for 

manufacturers to follow and providing 

messaging that is clear, noticeable, and 

consistent with the corresponding 

marking and labeling requirements to 

the consumer. 

In addition, in some places, in the 

instructional literature, use of the words 

‘‘infant,’’ ‘‘infants,’’ ‘‘child,’’ and 

‘‘children’’ have been replaced with 

‘‘baby’’ or ‘‘babies’’ (sections 9.2 and 

9.3). Because these revisions don’t affect 

the substance of the messaging, they are 

neutral regarding the safety of soft infant 

and toddler carriers. 

2. Non-Substantive Revisions 

ASTM F2236–24 also includes several 

minor additions and revisions that are 

editorial in nature and do not alter any 

substantive requirements in the 

standard. These revisions include 

formatting changes to align with ASTM 

form and style guidelines, and 

adjustments to section and figure 

numbers to reflect revised and new 

sections and figures. ASTM also 

updated the Rationale section in 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 soft infant 

and toddler carriers. 

III. Incorporation by Reference 

Section 1226.2 of the direct final rule 

incorporates by reference ASTM F2236– 

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 of the 

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 of this preamble 

summarizes the material in ASTM 

F2236–24 that the Commission 

incorporates by reference into 16 CFR 

part 1226. The standard is reasonably 

available to interested parties in several 

ways. Until the direct final rule takes 

effect, a read-only copy of ASTM 

F2236–24 is available for viewing on 

ASTM’s website at: 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: www.astm.org/ 

READINGLIBRARY/. Additionally, 

interested parties can purchase a copy 

of ASTM F2236–24 from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959; telephone: (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 


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91550 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

6 15 U.S.C. 1278a. 

7 15 U.S.C. 2057c. 

8 15 U.S.C. 2063(a)(5). 

Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814; 

telephone: (301) 504–7479; email: cpscos@cpsc.gov. Interested parties can also 

schedule an appointment to inspect a 

copy of the standard at the National 

Archives and Records Administration 

by emailing fr.inspection@nara.gov, or 

going to: www.archives.gov/federalregister/cfr/ibr-locations.html. 

IV. Certification 

Section 14(a) of the CPSA (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 CPSCaccepted third party conformity 

assessment body accredited 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 soft infant and toddler 

carriers are children’s products, a CPSCaccepted third party conformity 

assessment body must test samples of 

the products. Products subject to part 

1226 must also comply with all other 

applicable CPSC requirements, such as 

the lead content requirements in section 

101 of the CPSIA,6 the phthalates 

prohibitions in section 108 of the 

CPSIA 7 and 16 CFR part 1307, the 

tracking label requirements in section 

14(a)(5) of the CPSA,8 and the consumer 

registration form requirements in 16 

CFR part 1130. ASTM F2236–24 makes 

no changes that would impact any of 

these existing requirements. 

V. Notice of Requirements 

In accordance with section 

14(a)(3)(B)(vi) of the CPSA (15 U.S.C. 

2063(a)(3)(B)(vi)), the Commission 

previously published a notice of 

requirements (NOR) for accreditation of 

third party conformity assessment 

bodies (third party labs) for testing soft 

infant and toddler carriers. 79 FR 17433 

(Mar. 28, 2014). The NOR provided the 

criteria and process for CPSC to accept 

accreditation of third party conformity 

assessment bodies for testing soft infant 

and toddler carriers to 16 CFR part 

1226. 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. The NOR 

for accreditation of third party labs for 

testing soft infant and toddler carriers is 

codified at 16 CFR 1112.15(b)(37). 

ASTM F2236–24 did not change the 

testing requirements, testing equipment, 

or testing protocols for soft infant and 

toddler carriers. Although ASTM 

F2236–16 and ASTM F2236–16a 

contained revisions relating to the 

testing requirements, these revisions 

served only to clarify previously 

existing requirements and did not 

require additional equipment or test 

protocols beyond those that already 

exist in the standard. Accordingly, the 

revisions in these versions of the 

standard have not changed the way that 

third party conformity assessment 

bodies test these products for 

compliance with the safety standard for 

soft infant and toddler carriers. Testing 

laboratories that have demonstrated 

competence for testing in accordance 

with ASTM F2236–14 will have the 

competence to test in accordance with 

the revised standard ASTM F2236–24. 

Therefore, the Commission considers 

the existing CPSC-accepted laboratories 

for testing to ASTM F2236–14 to be 

capable of testing to ASTM F2236–24 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 September 10, 2024, the 

Commission published in the Federal 

Register a notice of availability 

regarding the 2024 revision to ASTM 

F2236 and requested comment on 

whether the revision improves the 

safety of soft infant and toddler carriers 

covered by the standard. 89 FR 73320. 

CPSC received no comments. 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 previously 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 F2236–24 

would take effect as the new CPSC 

standard for soft infant and toddler 

carriers 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 September 10, 2024. 

Unless CPSC receives a significant 

adverse comment within 30 days of this 

notification, the rule will become 

effective on February 22, 2025. 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 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91551 

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 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). While 

the revised mandatory standard adds 

marking, labeling, and instructional 

literature requirements for soft infant 

and toddler carriers, the new 

requirements would not materially add 

to the burden hours because the 

products already require marking, 

labeling, and instructional literature. 

The new requirements merely require 

revisions to the labeling language in 

addition to that already required by the 

standard. The Commission took the 

steps required by the PRA for 

information collections when it 

promulgated 16 CFR part 1226, and the 

marking, labeling, and instructional 

literature for soft infant and toddler 

carriers are currently approved under 

OMB Control Number 3041–0159. The 

agency will consider whether OMB 

Control Number 3041–0159 should be 

revised for soft infant and toddler 

carriers in the next scheduled update. 

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 soft 

infant and toddler carriers. Therefore, 

ASTM F2236–24 automatically will take 

effect as the new mandatory standard 

for soft infant and toddler carriers on 

February 22, 2025, 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 

document, the rule will become 

effective on February 22, 2025. 

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 in 16 CFR Part 1226 

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 1226—SAFETY STANDARD FOR 

SOFT INFANT AND TODDLER 

CARRIERS 

■ 1. The authority citation for part 1226 

is revised to read as follows: 

Authority: 15 U.S.C. 2056a. 

■ 2. Revise § 1226.2 to read as follows: 

§ 1226.2 Requirements for soft infant and 

toddler carriers. 

Each soft infant and toddler carrier 

must comply with all applicable 

provisions of ASTM F2236–24, 

Standard Consumer Safety 

Specification for Soft Infant and 

Toddler Carriers, approved on July 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. This material 

is available for inspection at the U.S. 

Consumer Product Safety Commission 

and at the National Archives and 

Records Administration (NARA). 

Contact the U.S. Consumer Product 

Safety Commission at: the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814, 

telephone: (301) 504–7479, email: cpscos@cpsc.gov. 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. A read-only copy of 

the standard is available for viewing on 

the ASTM website at www.astm.org/ 

READINGLIBRARY/. You may also 

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. 2024–27042 Filed 11–19–24; 8:45 am] 

BILLING CODE 6355–01–P 


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