37706 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Rules and Regulations 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs for this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. 

(i) Related Information 

(1) For more information about this AD, 

contact Robert Green, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7754; fax: 781–238–7199; 

email: robert.green@faa.gov. 

(2) European Aviation Safety Agency AD 

2013–0060, dated March 11, 2013, pertains to 

the subject of this AD. You may examine this 

AD on the Internet at http:// 

ad.easa.europa.eu/ad/2013-0060. 

(3) RR Non-Mandatory Service Bulletin 

(NMSB) RB.211–72–G702, dated May 23, 

2011, which is not incorporated by reference 

in this AD, can be obtained from Rolls-Royce 

plc using the contact information in 

paragraph (j)(3) of this AD. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Rolls-Royce plc Non-Modification 

Service Bulletin RB.211–72–H311, dated 

March 8, 2013. 

(ii) Rolls-Royce plc Non-Modification 

Service Bulletin RB.211–72–G872, Revision 

2, dated March 8, 2013. 

(3) For Rolls-Royce plc service information 

identified in this AD, contact Rolls-Royce 

plc, P.O. Box 31, Derby DE24 8BJ, UK; phone: 

44 (0) 1332 242424; fax: 44 (0) 1332 249936. 

(4) You may view this service information 

at FAA, Engine & Propeller Directorate, 12 

New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(5) You may view this service information 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

June 5, 2013. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–14922 Filed 6–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1216 and 1223 

Safety Standards for Infant Walkers 

and Infant Swings 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: In accordance with section 

104(b) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), also 

known as the Danny Keysar Child 

Product Safety Notification Act, the U.S. 

Consumer Product Safety Commission 

(Commission or CPSC) has published 

consumer product safety standards for 

numerous durable infant or toddler 

products, including infant walkers and 

infant swings. These standards 

incorporated by reference the ASTM 

voluntary standards associated with 

those products, with some 

modifications. In August 2011, Congress 

enacted legislation which sets forth a 

process for updating standards that the 

Commission has issued under the 

authority of the CPSIA. In accordance 

with that process, the CPSC is 

publishing this direct final rule, revising 

the CPSC’s standards for infant walkers 

and infant swings, to incorporate by 

reference more recent versions of the 

applicable ASTM standards. 

DATES: The rule is effective on October 

7, 2013, unless we receive significant 

adverse comment by July 24, 2013. If we 

receive timely significant adverse 

comments, we will publish notification 

in the Federal Register, withdrawing 

this direct final rule before its effective 

date. The incorporation by reference of 

the publications listed in this rule is 

approved by the Director of the Federal 

Register as of October 7, 2013. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2013– 

0025, by any of the following methods: 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (email), except through 

www.regulations.gov. 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of 

the Secretary, Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

FOR FURTHER INFORMATION CONTACT: For 

information related to the infant walkers 

standard, contact Carolyn Manley, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814–4408; telephone 

(301) 504–7607; cmanley@cpsc.gov. For 

information related to the infant swings 

standard, contact Keysha L. Watson, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814–4408; telephone 

(301) 504–6820; kwatson@cpsc.gov. 

SUPPLEMENTARY INFORMATION:

A. Background 

The Danny Keysar Child Product 

Safety Notification Act. The Consumer 

Product Safety Improvement Act of 

2008 (CPSIA, Pub. L. 110–314) was 

enacted on August 14, 2008. Section 

104(b) of the CPSIA, also known as the 

Danny Keysar Child Product Safety 

Notification Act, requires the 

Commission to promulgate consumer 

product safety standards for durable 

infant or toddler products. The law 

requires that these standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standards if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. Under the statute, the term 

‘‘durable infant or toddler product’’ 

explicitly includes infant walkers and 

infant swings. In accordance with 

section 104(b), the Commission has 

published safety standards for these 

products that incorporate by reference 

the relevant ASTM standards, with 

certain modifications that make the 

voluntary standard more stringent. 

Public Law 112–28. On August 12, 

2011, Congress enacted P.L. 112–28, 

amending and revising several 

provisions of the CPSIA, including the 

Danny Keysar Child Product Safety 

Notification Act. The revised provision 

sets forth a process for updating CPSC’s 


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durable and infant or toddler standards 

when the voluntary standard upon 

which the CPSC standard was based is 

changed. This provision states: 

If an organization revises a standard that 

has been adopted, in whole or in part, as a 

consumer product safety standard under this 

subsection, it shall notify the Commission. 

The revised voluntary standard shall be 

considered to be a consumer product safety 

standard issued by the Commission under 

section 9 of the Consumer Product Safety Act 

(15 U.S.C. 2058), effective 180 days after the 

date on which the organization notifies the 

Commission (or such later date specified by 

the Commission in the Federal Register) 

unless, within 90 days after receiving that 

notice, the Commission notifies the 

organization that it has determined that the 

proposed revision does not improve the 

safety of the consumer product covered by 

the standard and that the Commission is 

retaining the existing consumer product 

safety standard. 

Public Law 112–28, section 3. 

Notification and Review of Revisions. 

On April 10, 2013, ASTM notified CPSC 

of ASTM’s approval and publication of 

revisions to ASTM F977, Standard 

Consumer Safety Specification for Infant 

Walkers and ASTM F2088, Standard 

Consumer Safety Specification for Infant 

Swings. In its notification, ASTM stated 

that revisions to these standards have 

occurred since the Commission adopted 

the earlier versions of the standards as 

CPSC mandatory standards. 

The Commission has reviewed the 

revisions. As explained below, ASTM’s 

revisions to its standards for infant 

walkers and infant swings make these 

revised ASTM standards nearly the 

same as the CPSC-mandated standards 

for these products. In accordance with 

Public Law 112–28, the revised standard 

shall be considered a consumer product 

safety rule unless the Commission 

notifies ASTM that these revisions do 

not improve the safety of these 

consumer products and that the 

Commission is retaining the existing 

standard. Because the Commission 

declines to make such a notification to 

ASTM, we are publishing this direct 

final rule, revising the incorporation by 

reference included in each of these rules 

so that they will accurately reflect the 

revised version of the relevant ASTM 

standards. 

B. Revisions to the Particular ASTM 

Standards 

1. Infant Walkers 

On June 21, 2010, the Commission 

published a final rule issuing a safety 

standard for infant walkers that 

incorporated by reference ASTM F977– 

07, Standard Consumer Specification 

for Infant Walkers, with 22 

modifications to make the standard 

more stringent. 75 FR 35266. 

ASTM notified CPSC that the current 

version of the ASTM standard for infant 

walkers is ASTM F977–12, which was 

approved on May 1, 2012, and 

published in May 2012. There have 

been four revisions to ASTM F977 since 

publication of ASTM F977–07: 

• ASTM F977–09, approved on 

November 1, 2009, and published in 

December 2009; 

• ASTM F977–11a, approved on 

September 26, 2011, and also published 

in September 2011; 

• ASTM F977–11b, approved on 

December 1, 2011, and published in 

January 2012; and 

• ASTM F977–12 approved on May 1, 

2012 and also published in May 2012. 

The first two revisions referenced above 

contain changes that matched closely or 

identically the various modifications 

included in 16 CFR part 1216. The latter 

two revisions of ASTM F977 contain 

changes to the standard that were not 

included in 16 CFR part 1216. 

As revised, ASTM F977–12 differs 

from 16 CFR part 1216 in the following 

ways: 

• ASTM F977–12 includes a revised 

forward stability test procedure that is 

needed for testing certain style walkers; 

• Two references to federal 

regulations that are no longer valid were 

removed from ASTM F977–12, as well 

as a requirement that was written in the 

standard twice; 

• A few sections in ASTM F977–12 

have modified language that corrects 

errors or adds clarity to the section; and 

• Other minor editorial changes were 

made throughout the standard, as 

needed. 

Most of these changes are editorial in 

nature. The change to the forward 

stability test procedure adds a new step 

to the test procedure that enables test 

laboratories to test certain styles of 

walkers more effectively. This 

additional step requires the test 

laboratory to exchange the specified 

aluminum stop with one that is 

‘‘suitable’’ to complete the test. Because 

these changes make the revised ASTM 

standard nearly the same as the CPSC 

mandatory standard for walkers, the 

Commission declines to notify ASTM 

that it is retaining the existing standard 

and therefore, in accordance with P.L. 

112–28, the revised ASTM standard for 

infant walkers becomes the new CPSC 

standard 180 days from the date the 

CPSC received notification of the 

revision from ASTM. This rule revises 

the incorporation by reference at 16 CFR 

part 1216, to reference the revised 

ASTM standard. 

2. Infant Swings 

On November 7, 2012, the 

Commission published a final rule 

issuing a standard for infant swings that 

incorporated by reference ASTM 

F2088–12a, with two modifications to 

make the standard more stringent. 77 FR 

66703. 

ASTM notified CPSC that the current 

version of the ASTM standard for infant 

swings is ASTM F2088–13, which was 

approved on January 15, 2013, and 

published in February 2013. ASTM 

F2088–13 is the first revision since 16 

CFR part 1223 was published. The 

changes to the ASTM standard were 

made specifically to bring the standard 

into accord with CPSC’s regulation. 

These changes were made to address 

three sections of the standard: 

• Mobile Attachment Strength (7.12); 

• Warning labels (8.3.1); and 

• Instructional Literature (9.2). 

The changes made to the mobile 

attachment strength section of the 

standard update the testing 

requirements to bring testing into 

accordance with the CPSC regulation. 

The other changes to this section are 

editorial and include removing 

references to the previous test fixture 

and renumbering the figures to place the 

figure of the new Hinged Weight Gage— 

Infant before the other test figures. 

ASTM F2088–13 revises the warning 

label requirements that were in ASTM 

F2088–12a to bring the standard into 

accord with CPSC’s regulation. There 

are two differences between these 

changes and CPSC’s regulation. First, 

ASTM switched the order of the first 

two warnings. The CPSC regulation 

places the adjustable seat recline 

warning before the fall and 

strangulation warning. Second, in the 

warning about the adjustable seat 

recline, the CPSC regulation includes 

the statement: ‘‘Young infants have 

limited head and neck control.’’ To 

reduce the amount of information on the 

warning label, ASTM removed that 

statement from the warning but left it in 

the instructional literature. The 

statement was intended to provide more 

clarification; however, the same 

information is implied by other 

references to head control in the 

warning, so limiting that statement to 

the instructional literature as ASTM has 

done in F2088–13 is acceptable. 

Because the Commission declines to 

notify ASTM that it is retaining the 

existing standard, in accordance with 

Public Law 112–28, the revised ASTM 

standard for infant swings becomes the 

new CPSC standard 180 days from the 

date we received notification of the 

revision from ASTM. This rule revises 


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the incorporation by reference at 16 CFR 

part 1223 to reference the revised ASTM 

standard. 

C. Direct Final Rule Process 

The Commission is issuing this rule 

as a direct final rule. Although the 

Administrative Procedure Act (APA) 

generally requires notice and comment 

rulemaking, section 553 of the APA 

provides an exception when the agency, 

for good cause, finds that notice and 

public procedure are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Commission concludes 

that in the context of these revisions to 

ASTM standards upon which CPSC’s 

durable infant or toddler product 

standards are based, notice and 

comment is not necessary. Public Law 

112–128 provides for updating of 

durable infant or toddler product 

standards that the Commission issues 

under the Danny Keysar Child Product 

Safety Notification Act, if ASTM revises 

the underlying voluntary standard and 

the Commission does not determine that 

the revision ‘‘does not improve the 

safety of the consumer product covered 

by the standard.’’ 

Without Commission action to update 

the incorporation by reference in the 

CPSC’s mandated standards, the 

standard published in the Code of 

Federal Regulations will not reflect the 

revised ASTM standard that will be in 

effect by operation of law under Public 

Law 112–28. Thus, the Commission 

believes that issuance of a rule revising 

the incorporation by reference in these 

circumstances is appropriate. However, 

little would be gained by allowing 

public comment because Public Law 

112–28 requires that the CPSC’s 

mandatory standard must change to the 

revised voluntary standard (unless the 

Commission has made the requisite 

finding concerning safety). 

In Recommendation 95–4, the 

Administrative Conference of the 

United States (ACUS) endorsed direct 

final rulemaking as an appropriate 

procedure to expedite promulgation of 

rules that are noncontroversial and that 

are not expected to generate significant 

adverse comment. See 60 FR 43108 

(August 18, 1995). 

Thus, the Commission is publishing 

this rule as a direct final rule because 

we do not expect any significant adverse 

comments. Revising the references to 

the ASTM standards reflects what 

occurs by operation of law under Public 

Law 112–28. Therefore, there is little for 

the public to comment upon. Unless we 

receive a significant adverse comment 

within 30 days, the rule will become 

effective on October 7, 2013. In 

accordance with ACUS’s 

recommendation, the Commission 

considers a significant adverse comment 

to be one where the commenter explains 

why the rule would be inappropriate, 

including an assertion challenging the 

rule’s underlying premise or approach, 

or a claim that the rule would be 

ineffective or unacceptable without 

change. Should the Commission receive 

a significant adverse comment, the 

Commission would withdraw this direct 

final rule. Depending on the comments 

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. 

D. Effective Date 

Under the procedure set forth in 

Public Law 112–28, when a voluntary 

standard organization revises a standard 

upon which a consumer product safety 

standard issued under the Danny Keysar 

Child Product Safety Notification Act 

was based, the revision becomes the 

CPSC standard within 180 days of 

notification to the Commission, unless 

the Commission determines that the 

revision does not improve the safety of 

the product, or the Commission sets a 

later date in the Federal Register. In 

accordance with this provision, this rule 

establishes an effective date that is 180 

days after we received notification from 

ASTM of revisions to these standards. 

As discussed in the preceding section, 

this is a direct final rule. Unless the 

Commission receives a significant 

adverse comment within 30 days, the 

rule will become effective on October 7, 

2013. 

E. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires that agencies 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 and 604. The changes to the 

incorporation by reference in the infant 

walkers and infant swings standards 

will not result in any substantive 

changes to the standards. Therefore, this 

rule will not have any economic impact 

on small entities. 

F. Environmental Considerations 

The Commission’s regulations 

provide a categorical exclusion for the 

Commission’s rules from any 

requirement to prepare an 

environmental assessment or an 

environmental impact statement 

because they ‘‘have little or no potential 

for affecting the human environment.’’ 

16 CFR 1021.5(c)(2). This rule falls 

within the categorical exclusion, so no 

environmental assessment or 

environmental impact statement is 

required. 

G. Paperwork Reduction Act 

Both the infant walkers standard and 

the infant swings standard contain 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). No changes 

have been made to those sections of the 

standards. Thus, these revisions will not 

have any effect on the information 

collection requirements related to those 

standards. 

H. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides that where a 

‘‘consumer product safety standard 

under [the Consumer Product Safety Act 

(CPSA)]’’ 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. 

(Section 26(c) of the CPSA also provides 

that states or political subdivisions of 

states may apply to the Commission for 

an exemption from this preemption 

under certain circumstances.) The 

Danny Keysar Child Product Safety 

Notification Act (at section 104(b)(1)(B) 

of the CPSIA) refers to the rules to be 

issued under that section as ‘‘consumer 

product safety standards,’’ thus, 

implying that the preemptive effect of 

section 26(a) of the CPSA would apply. 

Therefore, a rule issued under section 

104 of the CPSIA will invoke the 

preemptive effect of section 26(a) of the 

CPSA when it becomes effective. 

I. Certification 

Section 14(a) of the CPSA imposes the 

requirement that 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, be 

certified as complying 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 on a 

sufficient number of samples by a third 

party conformity assessment body (test 

laboratory) accredited by the 

Commission to test according to the 

applicable requirements. As noted in 

the preceding discussion, standards 

issued under section 104(b)(1)(B) of the 

CPSIA are ‘‘consumer product safety 

standards.’’ Thus, they are subject to the 


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testing and certification requirements of 

section 14 of the CPSA. 

Because infant walkers and infants 

swings are children’s products, they 

must be tested by a third party 

conformity assessment body whose 

accreditation has been accepted by the 

Commission. They also must comply 

with all other applicable CPSC 

requirements, such as the lead content 

requirements of section 101 of the 

CPSIA, the tracking label requirement in 

section 14(a)(5) of the CPSA, and the 

consumer registration form 

requirements in the Danny Keysar Child 

Product Safety Notification Act. 

J. Notice of Requirements 

In accordance with section 

14(a)(3)(B)(iv) of the CPSIA, the 

Commission has previously published 

notices of requirements for accreditation 

of third party conformity assessment 

bodies for testing infant walkers (75 FR 

35282 (June 21, 2010)) and infant 

swings (78 FR 15836 (March 12, 2013)). 

The notices of requirements provided 

the criteria and process for our 

acceptance of accreditation of third 

party conformity assessment bodies for 

testing infant walkers to 16 CFR part 

1216 (which incorporated ASTM F977– 

07 with modifications) and for testing 

infant swings to 16 CFR part 1223 

(which incorporated ASTM F2088–12a 

with modifications). This rule revises 

the references to the standards that are 

incorporated by reference in the CPSC’s 

infant walkers and infant swings 

standards. 

1. Infant Walkers 

As discussed previously, the revised 

ASTM F977–12 standard for infant 

walkers is nearly the same as the infant 

walkers standard that the Commission 

mandated, with one exception regarding 

an alternative test method. Section 

7.3.2.4 of ASTM F977–12 has added a 

new alternative test method concerning 

the forward stability test procedure that 

would affect how a third party 

assessment body would test certain 

styles of walkers. The revised test 

procedure was added to the ASTM 

standard because testing laboratories 

were having difficultly completing the 

forward stability test on certain styles of 

walkers. The test method requires that 

the walkers be manually tipped over. 

This is accomplished by blocking the 

walker up against a specified aluminum 

stop and then applying a horizontal 

force to the walker until it tips over. The 

amount of force required to tip the 

walker over determines whether the 

walker passes or fails the requirement. 

With certain styles of walkers, the 

aluminum stop that is specified in the 

standard is ineffective, and the walker 

will not tip over, but rather, the wheels 

lift and ‘‘jump’’ the stop. Therefore, 

ASTM added an additional step in the 

test procedure for walkers that will not 

tip over during the procedure specified 

in section 7.3.2.4 of the revised 

standard. This additional step requires 

the third party conformity assessment 

body to exchange the specified 

aluminum stop with one that is 

‘‘suitable’’ to complete the test. 

Thus, revising the infant walkers 

reference will necessitate, in limited 

circumstances, one change in the way 

that third party conformity assessment 

bodies are testing walkers for 

compliance to the CPSC standard. 

However, the Commission considers the 

existing accreditations that the 

Commission has accepted for testing to 

the infant walkers standard to continue 

to be acceptable because the original test 

method for ASTM F977–07 remains 

unchanged in ASTM F977–12 for most 

walkers that undergo the test. The 

existing NOR remains in place for 

ASTM F977, and CPSC-accepted third 

party conformity assessment bodies are 

expected to update the scope of their 

accreditation to reflect ASTM F977–12 

in the normal course of renewing their 

accreditation. Third party conformity 

assessment bodies that are currently 

accepted by the CPSC to test for ASTM 

F977–07 may conduct testing for the 

alternative test method in ASTM F977– 

12 before having updated their scope of 

accreditation under the normal renewal 

process. 

2. Infant Swings 

As discussed previously, the revised 

standard for infant swings, ASTM 

F2088–13, is nearly the same as the 

infant swings standard that the 

Commission mandated. The principal 

difference is in requirements for the 

warning label. This would not 

necessitate any change in the way that 

a test laboratory would test the product. 

Thus, revising the reference to specify 

ASTM F2088–13 will not necessitate 

any change in the way that third party 

conformity assessment bodies are 

testing infant swings for compliance to 

CPSC the standard. Therefore, the NOR 

does not require modification, and the 

Commission considers the existing 

accreditations that the Commission has 

accepted for testing to the ASTM 

F2088–12a infant swings standard also 

to cover testing to the revised standard, 

ASTM F2088–13. 

List of Subjects in 16 CFR Parts 1216 

and 1223 

Consumer protection, Incorporation 

by reference, Imports, Infants and 

children, Law enforcement, Safety, 

Toys. 

For the reasons stated above, the 

Commission amends Title 16 CFR 

chapter II as follows: 

PART 1216—SAFETY STANDARD FOR 

INFANT WALKERS 

■ 1. The authority citation for part 1216 

is revised to read as follows: 

Authority: The Consumer Product Safety 

Improvement Act of 2008, Pub. L. 110–314, 

Sec. 104, 122 Stat. 3016 (August 14, 2008); 

section 3 of Pub. L. 112–28, 125 Stat. 273 

(August 12, 2011). 

■ 2. Revise § 1216.2 to read as follows: 

§ 1216.2 Requirements for infant walkers. 

Each infant walker shall comply with 

all applicable provisions of ASTM 

F977–12, Standard Consumer Safety 

Specification for Infant Walkers, 

approved on May 1, 2012. The Director 

of the Federal Register approves the 

incorporation by reference listed in this 

section in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. You may 

obtain a copy of these ASTM standards 

from ASTM International, 100 Barr 

Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428–2959 USA, 

telephone: 610–832–9585; http:// 

www.astm.org/. You may inspect copies 

at the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814, telephone 301– 

504–7923, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

PART 1223—SAFETY STANDARD FOR 

INFANT SWINGS 

■ 3. The authority citation for part 1223 

is revised to read as follows: 

Authority: The Consumer Product Safety 

Improvement Act of 2008, Pub. L. 110–314, 

Sec. 104, 122 Stat. 3016 (August 14, 2008); 

section 3 of Pub. L. 112–28, 125 Stat. 273 

(August 12, 2011). 

■ 4. Revise § 1223.2 to read as follows: 

§ 1223.2 Requirements for infant swings. 

Each infant swing shall comply with 

all applicable provisions of ASTM 

F2088–13, Standard Consumer Safety 

Specification for Infant Swings, 

approved on January 15, 2013. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain a copy 


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from ASTM International, 100 Barr 

Harbor Drive, PO Box 0700, West 

Conshohocken, PA 19428; telephone 

610–832–9585; www.astm.org. You may 

inspect a copy at the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814, telephone 301–504–7923, or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Dated: June 19, 2013. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2013–14991 Filed 6–21–13; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0020] 

Safety Zone; Milwaukee Air and Water 

Show; Lake Michigan; Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone on Lake Michigan in 

Milwaukee, Wisconsin for the 

Milwaukee Air and Water Show. This 

action is necessary and intended to 

ensure safety of life on the navigable 

waters during the 2013 Milwaukee Air 

and Water Show. During the 

aforementioned periods, the Coast 

Guard will enforce restrictions upon, 

and control movement of, vessels in the 

safety zone. No person or vessel may 

enter the safety zone while it is being 

enforced without permission of the 

Captain of the Port, Lake Michigan. 

DATES: This zone will be enforced from 

8:30 a.m. until 5 p.m. on each day of 

July 31 and August 1, 2, 3, and 4, 2013. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI at 

(414) 747–7148, email 

joseph.p.mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.929(a)(42) as well as the 

general regulations in 33 CFR 165.929, 

Safety Zones; Annual events requiring 

safety zones in the Captain of the Port 

Lake Michigan zone, for the Milwaukee 

Air and Water Show. This zone will be 

enforced from 8:30 a.m. until 5 p.m. on 

each day of July 31 and August 1, 2, 3, 

and 4, 2013. 

All vessels must obtain permission 

from the Captain of the Port, Lake 

Michigan, or his or her on-scene 

representative to enter, move within, or 

exit a safety zone. Requests must be 

made in advance and approved by the 

Captain of the Port before transits will 

be authorized. Approvals will be 

granted on a case by case basis. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port, Lake Michigan, or a designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice is issued under authority 

of 33 CFR 165.929, Safety Zones; 

Annual events requiring safety zones in 

the Captain of the Port Lake Michigan 

zone and 5 U.S.C. 552(a). In addition to 

this notice in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

this event via Broadcast Notice to 

Mariners or Local Notice to Mariners. If 

the Captain of the Port determines that 

the enforcement of these safety zones 

need not occur as stated in this notice, 

he or she might suspend such 

enforcement and notify the public of the 

suspension via a Broadcast Notice to 

Mariners. The Captain of the Port, Lake 

Michigan, or his or her on-scene 

representative may be contacted via 

VHF Channel 16. 

Dated: June 3, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–14954 Filed 6–21–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0386] 

RIN 1625–AA00 

Safety Zone; Wicomico Community 

Fireworks Rain Date, Great Wicomico 

River, Heathsville, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Great Wicomico River in the vicinity 

of Mila, VA for the Wicomico 

Community Fireworks event Rain Date. 

This action is necessary to provide for 

the safety of life on navigable waters 

during the Wicomico Community 

Fireworks event. This action is intended 

to restrict vessel traffic movement on 

the Great Wicomico River to protect 

mariners from the hazards associated 

with fireworks displays. 

DATES: This rule is effective on July 7, 

2013, from 9 p.m. to 10 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2013– 

0386 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2013–0386 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email LCDR Hector Cintron, 

Waterways Management Division Chief, 

Sector Hampton Roads, Coast Guard; 

telephone 757–668–5581, email 

Hector.L.Cintron@uscg.mil. If you have 

questions on viewing the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable. The Coast 

Guard did not learn of the need for a 

rain date until insufficient time 

remained before the fireworks display. 

As such, it is impracticable because 

immediate action is necessary to 


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