26654 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 
(h) Exception to Paragraphs (g)(2) and (3) 
Where the applicable Safran ARRIEL MM 
chapters provide instructions to send the 
Module 03 to a Safran Helicopter Engines- approved repair center, the operator may choose to send the Module 03 to any FAA- approved repair center capable of performing the required actions. 
(i) Mandatory Terminating Action 
As terminating action to the requirements 
in paragraph (g) of this AD, within 365 days 
after the effective date of this AD, revise the ALS of the existing approved aircraft maintenance program (AMP) by incorporating: 
(i) Task 05–10–00–150–801–A01, 
‘‘Airworthiness Limitations—General,’’ from the applicable Safran ARRIEL MM chapter. 
(ii) Task 05–10–00–200–801–A01, 
‘‘Airworthiness Limitations—Authorized In- Service Life Limits,’’ from the applicable Safran ARRIEL MM chapter. 
(iii) Task 05–10–10–200–801–A01, 
‘‘Airworthiness Limitations—Tables of Mandatory Maintenance Tasks,’’ from the applicable Safran ARRIEL MM chapter. 
(j) Definitions 
(1) For the purpose of this AD, a ‘‘critical 
part’’ is a part identified in paragraph 1.C., 
‘‘Table of authorized in-service life limits for the ARRIEL 2D,’’ or ‘‘Table of authorized in- service life limits for the ARRIEL 2E,’’ Chapter 05–10–00 of the Safran ARRIEL MM for that engine. 
(2) For the purpose of this AD, the 
‘‘Chapter 05–10–00 of the Safran ARRIEL MM’’ is: 
(i) Chapter 05–10–00 of Safran Aircraft 
Engines ARRIEL 2D MM No. X292 R1 450 2, Update No. 20, dated June 15, 2020; or 
(ii) Chapter 05–10–00 of Safran Aircraft 
Engines ARRIEL 2E MM No. X292 R2 300 2, Update No. 16, dated June 15, 2020. 
(3) For the purpose of this AD, the 
‘‘approved maintenance program’’ is defined as the basis for which the operator ensures the continuing airworthiness of each operated helicopter. 
(k) Credit for Previous Actions 
(1) For affected Safran Arriel 2D model 
turboshaft engines, you may take credit for 
revising the ALS of the existing approved AMP that is required by paragraph (i) of this AD if you incorporated the tasks before the effective date of this AD using Chapter 05– 10–00 of Safran ARRIEL 2D MM No. X292 R1 450 2, Update No. 19, dated December 30, 2019. 
(2) For affected Safran Arriel 2E model 
turboshaft engines, you may take credit for revising the ALS of the existing approved AMP that is required by paragraph (i) of this AD if you incorporated the tasks before the effective date of this AD using Chapter 05– 10–00 of Safran ARRIEL 2E MM No. X292 R2 300 2, Update No. 15, dated December 30, 2019. 
(l) Alternative Methods of Compliance 
(AMOCs) 
(1) The Manager, ECO Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in Related Information. You may email your request to: ANE-AD-AMOC@faa.gov. 
(2) Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. 
(m) Related Information 
(1) For more information about this AD, 
contact Wego Wang, Aviation Safety 
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: (781) 238–7134; fax: (781) 238–7199; email: wego.wang@faa.gov. 
(2) Refer to European Union Aviation 
Safety Agency (EASA) AD 2018–0273, dated December 13, 2018, for more information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by 
searching for and locating it in Docket No. FAA–2020–1038. 
(n) 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) Section 05–10–00, Airworthiness 
Limitations, of Chapter 05, Airworthiness Limitations—Frequencies—Inspections, of the Safran Helicopter Engines ARRIEL 2D Maintenance Manual, Volume 1, No. X 292 R1 450 2, Update No. 20, dated June 15, 
2020. 
(ii) Section 05–10–00, Airworthiness 
Limitations, of Chapter 05, Airworthiness Limitations—Frequencies—Inspections, of the Safran Helicopter Engines ARRIEL 2E Maintenance Manual, Volume 1, No. X 292 R2 300 2, Update No. 16, dated June 15, 2020. 
(3) For service information identified in 
this AD, contact Safran Helicopter Engines, S.A., 64511 Bordes—Cedex, France; phone: (33) 05 59 74 40 00; fax: (33) 05 59 74 45 15. 
(4) You may view this service information 
at FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (781) 238–7759. 
(5) You may view this service information 
that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fedreg.legal@nara.gov, or go to: 
https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on May 11, 2021. 
Lance T. Gant, 
Director, Compliance & Airworthiness 
Division, Aircraft Certification Service. 
[FR Doc. 2021–10310 Filed 5–14–21; 8:45 am] 
BILLING CODE 4910–13–P 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Parts 1112, 1130, and 1232 
[Docket No. CPSC–2015–0029] 
Safety Standard for Children’s Folding 
Chairs and Stools 
AGENCY : Consumer Product Safety 
Commission. 
ACTION : Direct final rule. 
SUMMARY : In December 2017, the U.S. 
Consumer Product Safety Commission (CPSC) issued a consumer product safety standard for children’s folding chairs and stools. The standard incorporated by reference the applicable ASTM voluntary standard. The Consumer Product Safety Improvement Act (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. Since 2017, ASTM has revised the voluntary standard for children’s folding chairs and stools twice. Consistent with the CPSIA update process, this direct final rule updates the mandatory standard for children’s folding chairs and stools to incorporate by reference ASTM’s 2021 version of the voluntary standard. 
DATES : The rule is effective on August 
21, 2021, unless we receive significant adverse comment by June 16, 2021. 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 publication listed in this rule is approved by the Director of the Federal Register as of August 21, 2021. 
ADDRESSES : You may submit comments, 
identified by Docket No. CPSC–2015– 0029, by any of the following methods: 
Electronic Submissions: Submit 
electronic comments to the Federal eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. The CPSC does not accept comments submitted by electronic mail (email), except through https://www.regulations.gov and as described 
below. The CPSC encourages you to submit electronic comments by using 
VerDate Sep<11>2014 21:39 May 14, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 U:\17MYR1.SGM 17MYR1khammond on DSKJM1Z7X2PROD with RULES926655 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 
the Federal eRulemaking Portal, as 
described above. 
Mail/Hand Delivery/Courier 
Submissions: Submit comments by 
mail/hand delivery/courier to: Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7479. Alternatively, as a temporary option during the COVID–19 pandemic, you can email such submissions to: cpsc-os@cpsc.gov. 
Instructions: All submissions received 
must include the agency name and docket number for this notice. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https://www.regulations.gov. Do not submit 
electronically confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information please submit it according to the instructions for 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- 2015–0029, into the ‘‘Search’’ box, and follow the prompts. 
FOR FURTHER INFORMATION CONTACT : 
Keysha Walker, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone: 301–504–6820; email: kwalker@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
A. Background 
1. Statutory Authority 
Section 104(b)(1)(B) of the CPSIA, 
also known as the Danny Keysar Child 
Product Safety Notification Act, requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. The law requires these standards to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. 
The CPSIA also sets forth a process 
for updating CPSC’s durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA provides that 
if an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this subsection, it shall notify the Commission. In addition, the revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard. 
2. ASTM Standard for Children’s Chairs 
and Stools 
On December 15, 2017, the 
Commission published a final rule issuing a mandatory standard for children’s folding chairs and stools that incorporated by reference the voluntary standard in effect at that time, ASTM F2613–17a, Standard Consumer 
Specification for Children’s Chairs and Stools. 82 FR 59505. The ASTM 
standard for children’s folding chairs and stools, ASTM F2613, Standard Consumer Safety Specification for Children’s Chairs and Stools, applies to children’s folding chairs and stools with a seat height of 15 inches or less, and equipped with or without a rocking base. These chairs are intended to be 
used by a single child who can get in and out of the product unassisted. The standard was codified in the Commission’s regulations at 16 CFR part 1232. Since publication of ASTM F2613–17a, the original mandatory standard, ASTM has published two revisions to ASTM F2613. ASTM F2613–19 was approved and published in November 2019. On April 1, 2020, the Commission issued a direct final rule updating the incorporation by reference to ASTM F2613–19 as the mandatory standard. 85 FR 18111. In February 2021, ASTM approved and published ASTM F2613–21. ASTM officially notified the Commission of this revision on February 22, 2021. The rule is incorporating by reference ASTM F2613–21 as the mandatory standard. 
B. Revisions to the ASTM Standard 
Under section 104(b)(4)(B) of the 
CPSIA, unless the Commission 
determines that ASTM’s revision of a voluntary standard that is a CPSC 
mandatory standard ‘‘does not improve the safety of the consumer product covered by the standard,’’ the revised voluntary standard becomes the new 
mandatory standard. As discussed below, the Commission determines that the changes made in ASTM F2613–21 are neutral or improve the safety of children’s folding chairs and stools. Therefore, the Commission will allow the revised voluntary standard ASTM F2613–21 to become effective as a mandatory consumer product safety standard under the statute, effective August 21, 2021. 
Differences Between 16 CFR Part 1232 
and ASTM F2613–21 
In February 2021, ASTM revised 
ASTM F2613–19. The resulting standard, ASTM F2613–21, includes the following changes: 
Substantive Change 
ASTM F2613–21 makes one 
substantive change to the standard by 
updating the definition of stools in the standard to include ottomans. The Commission finds the substantive change made in ASTM F2613–21 to be an improvement to safety as it clarifies the standard’s scope to include ottomans, a product previously not clearly subject to the mandatory standard. 
Non-Substantive Changes 
Other changes to the standard were 
minor or editorial in nature as described 
below. 
•Clarification that infant/toddler 
rockers are not included within the scope of the standard, because infant/ toddler rockers are subject to a different voluntary standard, ASTM F3084–20, Standard Consumer Safety Specification for Infant and Infant/ Toddler Rockers. 
•Removal of a previous version of a 
locking test method that is no longer referenced in ASTM F2613–21. The ASTM F2613–21 standard contains the current latching and locking test method that is similar to a previous version of a locking test method. Although removal of the previous version of the test method was included on an ASTM ballot, when ASTM published F2613– 19, the previous locking test method was inadvertently retained in the test method section of the standard. There are no performance requirements associated with the previous locking testing method and the test method is not currently being used for testing products to the standard. Therefore, ASTM F2613–21 removed this unused test method. 
VerDate Sep<11>2014 21:39 May 14, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 U:\17MYR1.SGM 17MYR1khammond on DSKJM1Z7X2PROD with RULES926656 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 
The Commission finds that all of the 
non-substantive changes in ASTM 
F2613–21 are editorial in nature, and therefore, neutral regarding safety, and thus do not affect the safety of children’s folding chairs and stools. 
C. Revisions to Parts 1112, 1130, and 
1232 
CPSC has received an inquiry from a 
testing laboratory regarding whether 16 CFR part 1232 was intended to apply to non-folding stools, because the title of the Part did not specifically state it applied to ‘‘folding chairs and folding stools.’’ Previous discussions in the preambles of the NPR (80 FR 63155, October 19, 2015) and the final rule (82 FR 59505, December 15, 2017) for the folding chairs and stools standard clearly indicate that folding stools fell within the scope of the mandatory standard. To avoid any misinterpretation regarding the scope of the standard, the Commission is amending the title of the rule to read ‘‘Safety standard for children’s folding chairs and children’s folding stools’’ and the title of the requirements in section 1232.2 to read ‘‘Requirements for children’s folding chairs and children’s folding stools’’ to remove any ambiguity regarding whether the standard to applies to children’s folding stools versus non-folding stools. The rule also amends section 1232.1 
regarding scope to state it establishes a standard for ‘‘children’s folding chairs and children’s folding stools.’’ For consistency, the rule makes the corresponding amendment to the notice of requirements listed in section 1112.15(b)(43) of 16 CFR part 1112 to read ‘‘16 CFR part 1232, Safety Standard for Children’s Folding Chairs and Children’s Folding Stools’’. The rule also makes the corresponding amendment to the definition in section 1130.2(a)(13) of 16 CFR part 1130 to read ‘‘Children’s folding chairs and children’s folding stools.’’ 
D. Incorporation by Reference 
Section 1232.2 of the direct final rule 
incorporates by reference ASTM F2613– 
21. The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble to the final rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). 
In accordance with the OFR’s 
requirements, section A of this preamble summarizes the major provisions of the 
ASTM F2613–21 standard that the Commission incorporates by reference into 16 CFR part 1232. The standard is reasonably available to interested parties, and interested parties can purchase a copy of ASTM F2613–21 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832–9585; www.astm.org. Additionally, until the direct final rule takes effect, a read-only copy of ASTM F2613–21 is available for viewing on ASTM’s website at: https://www.astm.org/CPSC.htm. Once the rule takes 
effect, a read-only copy of the standard will be available for viewing on the ASTM website at: https://www.astm.org/READINGLIBRARY/. Interested 
parties can also schedule an appointment to inspect a copy of the standard at CPSC’s Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301–504–7479; email: cpsc-os@cpsc.gov. 
E. Certification 
Section 14(a) of the CPSA requires 
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 accredited by the Commission 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 children’s folding chairs and 
stools are children’s products, samples of these products must be tested by a third party conformity assessment body whose accreditation has been accepted by the Commission. These products also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA, the tracking label requirement in section 14(a)(5) of the CPSA, and the consumer registration form requirements in section 104(d) of the CPSIA. 
F. Notice of Requirements 
In accordance with section 
14(a)(3)(B)(vi) of the CPSIA, the Commission has previously published a 
notice of requirements (NOR) for accreditation of third party conformity assessment bodies for testing children’s folding chairs and stools (82 FR 59505, December 15, 2017). The NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing children’s folding chairs and stools to 16 CFR part 1232. 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 at 16 CFR part 1112. 
None of the changes to ASTM F2613– 
21 would impact a CPSC accepted laboratory’s competence to be able to conduct testing to the revised standard. Therefore, the Commission considers the existing CPSC-accepted laboratories for testing to ASTM F2613–19 to be competent to conduct testing to ASTM F2613–21 as well. Accordingly, the existing NOR for this standard will remain in place, and CPSC-accepted third party conformity assessment bodies are expected in the normal course of renewing their accreditation to update the scope of the testing laboratories’ accreditation to reflect the revised standard. 
G. 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.’’ 5 U.S.C. 553(b)(B). The Commission concludes that when the Commission updates a reference to an ASTM standard that the Commission 
has incorporated by reference under section 104(b) of the CPSIA, notice and comment are not necessary. 
Under the process set out in section 
104(b)(4)(B) of the CPSIA, when ASTM revises a standard that the Commission has previously incorporated by reference as a Commission standard for a durable infant or toddler product under section 104(b)(1)(b) of the CPSIA, that revision will become the new CPSC standard, unless the Commission determines that ASTM’s revision does not improve the safety of the product. Thus, unless the Commission makes such a determination, the ASTM revision becomes CPSC’s standard by operation of law. The Commission is allowing ASTM F2613–21 to become CPSC’s new standard. The purpose of 
VerDate Sep<11>2014 21:39 May 14, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 U:\17MYR1.SGM 17MYR1khammond on DSKJM1Z7X2PROD with RULES926657 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 
this direct final rule is merely to update 
the reference in the Code of Federal Regulations (CFR) so that it reflects accurately the version of the standard that takes effect by statute. The rule updates the reference in the CFR, but under the CPSIA, ASTM F2613–21 takes effect as the new CPSC standard for children’s folding chairs and children’s folding stools, even if the Commission did not issue this rule. Additionally, the title and text of Part 1232 is revised to clarify the scope of the standard regarding children’s folding stools, with corresponding revisions to the references in Parts 1112 and 1130 for consistency. Thus, public comment will not impact the substantive changes to the standard or the effect of the revised standard as a consumer product safety standard under section 104(b) of the CPSIA. Under these circumstances, notice and comment are not necessary. 
In Recommendation 95–4, the 
Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgating rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 
(August 18, 1995). ACUS recommended 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 we do not expect any significant adverse comments. 
Unless we receive a significant 
adverse comment within 30 days, the rule will become effective on August 21, 2021. 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. As noted, this rule merely updates a reference in the CFR to reflect a change that occurs by statute and corresponding changes to Part 1232 and two other parts for consistency and clarity. 
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. H. 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 RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As explained, the 
Commission has determined that notice and comment are not necessary for this direct final rule. Thus, the RFA does not apply. We also note 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. 
I. Paperwork Reduction Act 
The standard for children’s folding 
chairs and stools contains information- 
collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The revisions to the standard made no changes to that section of the standard. Thus, the revisions will have no effect on the information-collection requirements related to the standard. 
J. Environmental Considerations 
The Commission’s regulations 
provide a categorical exclusion for the 
Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. 
K. Preemption 
Section 26(a) of the CPSA, 15 U.S.C. 
2075(a), 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. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the CPSC for an exemption from this preemption under certain circumstances. Section 104(b) of the CPSIA deems rules issued under that 
provision to be ‘‘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. L. Effective Date 
Under the procedure set forth in 
section 104(b)(4)(B) of the CPSIA, when 
a voluntary standard organization revises a standard upon which a consumer product safety standard 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. The Commission is taking neither of those actions with respect to the standard for children’s folding chairs and stools. Therefore, ASTM F2613–21 will automatically take effect as the new mandatory standard for children’s folding chairs and stools on August 21, 
2021, which is 180 days after the Commission received notice of the revision on February 22, 2021. 
M. The 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 submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a ‘‘major rule.’’ Pursuant to the CRA, this rule does not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General. 
List of Subjects 16 CFR Part 1112 
Consumer protection, Incorporation 
by reference, Third party conformity 
assessment body requirements, Audit. 
16 CFR Part 1130 
Administrative practice and 
procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements. 
16 CFR Part 1232 
Consumer protection, Imports, 
Incorporation by reference, Infants and 
children, Law enforcement, Safety, Toys. 
For the reasons stated in the 
preamble, the Commission amends title 16 CFR chapter II as follows: 
VerDate Sep<11>2014 21:39 May 14, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 U:\17MYR1.SGM 17MYR1khammond on DSKJM1Z7X2PROD with RULES926658 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 
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; Pub. L. 110– 
314, section 3, 122 Stat. 3016, 3017 (2008). 
■2. Amend § 1112.15 by revising 
paragraph (b)(43) 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) * * * 
(43) 16 CFR part 1232, Safety 
Standard for Children’s Folding Chairs 
and Children’s Folding Stools. 
* * * * * 
PART 1130—REQUIREMENTS FOR 
CONSUMER REGISTRATION OF DURABLE INFANT OR TODDLER PRODUCTS 
■3. The authority citation for part 1130 
continues to read as follows: 
Authority: 15 U.S.C. 2056a, 2065(b). 
■4. Amend § 1130.2 by revising 
paragraph (a)(13) to read as follows: 
§ 1130.2 Definitions. 
* * * * * 
(a) * * * 
(13) Children’s folding chairs and 
children’s folding stools; 
* * * * * 
■5. Revise part 1232 to read as follows: 
PART 1232—SAFETY STANDARD FOR 
CHILDREN’S FOLDING CHAIRS AND CHILDREN’S FOLDING STOOLS 
Sec. 
1232.1 Scope. 1232.2 Requirements for children’s folding 
chairs and children’s folding stools. 
Authority: Sec. 104, Pub. L. 110–314, 122 
Stat. 3016 (15 U.S.C. 2056a); Sec 3, Pub. L. 112–28, 125 Stat. 273. 
§ 1232.1 Scope. 
This part establishes a consumer 
product safety standard for children’s 
folding chairs and children’s folding stools. 
§ 1232.2 Requirements for children’s 
folding chairs and children’s folding stools. 
Each children’s folding chair and 
children’s folding stool shall comply 
with all applicable provisions of ASTM F2613–21, Standard Consumer Safety 
Specification for Children’s Chairs and Stools, approved on February 1, 2021. 
The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832– 9585; www.astm.org. A read-only copy 
of the standard is available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You 
may inspect a copy at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7479, email: cpsc-os@cpsc.gov, or at the National 
Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: 
www.archives.gov/federal-register/cfr/ ibr-locations.html. 
Alberta E. Mills, 
Secretary, U.S. Consumer Product Safety 
Commission. 
[FR Doc. 2021–10293 Filed 5–14–21; 8:45 am] 
BILLING CODE 6355–01–P 
OCCUPATIONAL SAFETY AND 
HEALTH REVIEW COMMISSION 
29 CFR Part 2204 Rules Implementing the Equal Access 
to Justice Act 
AGENCY : Occupational Safety and Health 
Review Commission. 
ACTION : Final rule. 
SUMMARY : The Occupational Safety and 
Health Review Commission (‘‘OSHRC’’) is amending its procedural rules implementing the Equal Access to Justice Act (‘‘EAJA’’). The amendments closely conform with new model rules from the Administrative Conference of the United States. 
DATES : Effective May 17, 2021. 
FOR FURTHER INFORMATION CONTACT : 
Carter Tellinghuisen, Attorney-Advisor, Office of the General Counsel, by telephone at (202) 606–5410 ext. 211, by email at ctellinghuisen@oshrc.gov, or by 
mail at 1120 20th Street NW, Ninth Floor, Washington, DC 20036–3457. 
SUPPLEMENTARY INFORMATION : OSHRC 
published a notice of proposed rulemaking on March 8, 2021, 86 FR 13251, which announced revisions to the Commission’s rules of procedure implementing EAJA, 29 CFR part 2204, and invited interested persons to submit written comments. OSHRC received no public comments. Accordingly, the Commission now adopts the proposed rule as the agency’s final rule, with one technical amendment to correct a 
typographical error in § 2204.301(c). 
I. Revisions to Part 2204 
EAJA directs Federal agencies to 
consult with the Administrative 
Conference of the United States (‘‘ACUS’’) to develop procedural rules to implement the provisions of the statute. 5 U.S.C. 504(c)(1). On August 8, 2019, ACUS published Revised Model Rules for Implementation of the Equal 
Access to Justice Act to reflect subsequent amendments to the law and practice, and to promote greater accuracy and clarity. 84 FR 38934 (August 8, 2019). The Commission is amending its procedural rules in line with the amendments made by ACUS to the model rules. 
ACUS summarized and explained its 
amendments in the preamble to the amended model rules and in Administrative Conference Recommendation 2019–4. 84 FR 38934, 38934 (August 8, 2019); 84 FR 38927, 38933 (August 8, 2019). To the extent applicable, the Commission relies upon the rationale ACUS provided in those documents as the basis for the amendments to the Commission’s rules. 
In addition, the Commission has 
determined that an adjustment for increases in the cost of living is appropriate in considering an applicant’s request for attorney or agent fees. Accordingly, pursuant to 5 U.S.C. 504(b)(1)(A), the Commission revises §§ 2204.303 and 2204.406(c)(2) to allow an applicant to request, with supporting documentation, an increase in hourly fees to account for inflation as measured by the consumer price index in the relevant locality. 
II. Statutory and Executive Order 
Reviews 
Executive Orders 12866 and 13132, 
and the Unfunded Mandates Reform Act of 1995: The Review Commission is an independent regulatory agency and, as such, is not subject to the requirements of E.O. 12866, E.O. 13132, or the Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq. 
Regulatory Flexibility Act: Pursuant to 
5 U.S.C. 605(a), a regulatory flexibility analysis is not required because these rules concern ‘‘interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice’’ under 5 U.S.C. 553(b). 
Paperwork Reduction Act of 1995: 
The Review Commission has determined that the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., does not apply because these rules do not contain any information collection requirements that require the approval 
VerDate Sep<11>2014 21:39 May 14, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 U:\17MYR1.SGM 17MYR1khammond on DSKJM1Z7X2PROD with RULES9