The General Counsel of the Consumer Product Safety Commission sent a briefing memorandum and a ballot sheet to its Commissioners stating that “staff advises that the Commission could determine that ASTM F2057-23 satisfies STURDY’s requirements.”
The Commissioners’ ballots are due on March 28, 2023.
The ASTM 52057-23 has the support of the American Home Furnishings Alliance (AHFA) as well as the Parents Against Tip-overs. The CPSC developed its own standard that was set to take effect on May 24, 2023. A ruling in favor of 52057-23 would supersede the CPSC standard.
The ballot vote sheet adds that if the Commission makes this determination, then the “Office of the General Counsel recommends publication of the … draft direct final rule that adopts the performance requirements of ASTM F2057-23 as the Safety Standard for Clothing Storage Units in 16 C.F.R. part 1261, in place of the current part 1261 requirements that otherwise will take effect on May 24, 2023.”
The direct final rule would be effective for CSUs manufactured starting 120 days after its publication in the Federal Register. The draft Federal Register would also stay implementation of the current part 1261 requirements, so that they will not take effect on May 24.
The ballot sheet asks the Commissioners to vote if the ASTM F2057-23 "meets the requirements of STURDY," or does not "meets the requirements of STURDY."
The full briefing and memorandum are available here.
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