Revisions to Safety Standards for Infant Bath Seats, Toddler Beds, and Full-Size Baby Cribs, 73692-73696 [2013-29226]

Download as PDF 73692 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Parts 1215, 1217 and 1219 Revisions to Safety Standards for Infant Bath Seats, Toddler Beds, and Full-Size Baby Cribs Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: 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 bath seats, toddler beds, and full-size baby cribs. These standards incorporated by reference the ASTM voluntary standards associated with the products, with some modifications. In August 2011, Congress enacted Public Law 112–28, which sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, the CPSC is publishing this direct final rule, revising the CPSC’s standards for infant bath seats, toddler beds, and fullsize cribs, to incorporate by reference more recent versions of the applicable ASTM standards. DATES: The rule is effective on March 24, 2014, unless we receive significant adverse comment by January 8, 2014. 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 March 24, 2014. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2013– 0043, by any of the following methods: Submit electronic comments via: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. The Commission is no longer accepting comments submitted by electronic mail (email), except through www.regulations.gov. Submit written submissions by: 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. pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:40 Dec 06, 2013 Jkt 232001 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 https://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 information related to the infant bath seat standard, contact: Keysha Walker, 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. For information related to the toddler bed standard, contact Daniel Dunlap, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814–4408; telephone: (301) 504–7733; email: ddunlap@ cpsc.gov. For information related to the full-size crib standard, contact Justin Jirgl, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814–4408; telephone: (301) 504–7814; email: jjirgl@cpsc.gov. FOR FURTHER INFORMATION CONTACT: 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 bath seats, toddler beds, and full-size cribs. 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Public Law 112–28. On August 12, 2011, Congress enacted Public Law 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 durable infant or toddler standards when a voluntary standard group changes a voluntary standard upon which the CPSC standard was based. 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 ASTM Revisions. On September 25, 2013, ASTM notified CPSC of ASTM’s approval and publication of revisions to ASTM F1967, Standard Consumer Specification for Infant Bath Seats; ASTM F1821, Standard Consumer Safety Specification for Toddler Beds; and ASTM F1169, Standard Consumer Safety Specification for Full-Size Baby Cribs. In the notification, ASTM stated that ASTM has revised these standards since the Commission adopted the earlier versions of the standards as CPSC mandatory standards. The Commission has reviewed the revisions. Under Public Law 112–28, the revised standards shall be considered consumer product safety rules, unless the Commission determines and notifies ASTM that these revisions do not improve the safety of these consumer products and that the Commission is retaining the existing standard. The Commission has declined to make such a determination and notification to ASTM with respect to these revisions. Accordingly, we are publishing this direct final rule, which revises the incorporation by reference included in each of these rules so that the Code of Federal Regulations will accurately reflect the revised version of the relevant ASTM standards. E:\FR\FM\09DER1.SGM 09DER1 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES B. Revisions to the Particular ASTM Standards 1. Infant Bath Seats Background. On June 4, 2010, the Commission published a final rule for infant bath seats that incorporated by reference ASTM F1967–08a, Standard Consumer Specification for Infant Bath Seats, with certain modifications to make the standard more stringent. (75 FR 31691). On May 16, 2012, ASTM notified the CPSC that ASTM had approved and published a revised version of the bath seat standard, ASTM F1967–11a. In accordance with Public Law 112–28, the revised standard was considered a consumer product safety standard issued by the Commission in the absence of a notification to ASTM of a Commission determination that the proposed revision did not improve safety. The Commission published a final rule incorporating by reference the revised bath seat standard, ASTM F1967–11a, as the Commission’s standard for infant bath seats. 77 FR 4542 (July 31, 2012). Subsequently, ASTM notified us on September 25, 2013, that ASTM has revised ASTM’s infant bath seat standard again; the current ASTM standard is ASTM F1967–13. There are several differences between ASTM F1967–11a, the version that CPSC currently mandates as the safety standard for bath seats, and the revised voluntary standard, ASTM F1967–13. In this section of the preamble, we summarize those differences. Attachment Components. The 2013 version of the ASTM standard contains a new definition and requirement for attachment components. The requirement specifies that all components needed to attach the bath seat to the bath tub (attachment components) must be permanently attached to the bath seat. Staff is aware of a bath seat design that provides some attachment components that are separate from the bath seat. With this design, consumers must install the attachment components, consisting of adhesive discs, on to the bath tub surface. If the consumer fails to install the adhesive discs or fails to install them properly, these bath seats pose a tip over hazard. We believe requiring all attachment components to be permanently attached to the bath seats will increase the safety of bath seats. Test Surface Preparation. ASTM F1967–11a specifies that bath seats be tested for stability on two specific test surfaces and also provides specific directions for preparing the test surfaces. Staff is aware of third party testing laboratories that interpreted one VerDate Mar<15>2010 14:40 Dec 06, 2013 Jkt 232001 step in the testing preparation directions differently than ASTM intended. Following this alternate interpretation, the testing laboratory provided passing test results for some bath seats that otherwise would not have passed the stability requirement. Therefore, ASTM changed this section of the standard to specify more clearly test surface preparation. We believe this change will improve the safety of bath seats because the revised provision would prevent bath seats that should, in ASTM’s view, be deemed non-complying from passing the requirement in the future. Definition of a Bath Seat/Restraints Systems. In 2011, ASTM changed the definition of a ‘‘bath seat’’ to specify better the type of support that a bath seat provides. Before the ASTM F1967– 11a version, the definition of ‘‘bath seat’’ did not specify the type of support the product provided. The revised (and current) definition states that a bath seat provides, at a minimum, support to the front and back of a seated infant. Thus, a product with only back support is no longer considered a bath seat. ASTM F1967–13 removes a provision that applied to bath seats with only back support because the provision is no longer relevant, given the current definition of ‘‘bath seat’’ as a product with front and back support. This change thus removes an obsolete provision. Suction Cup Requirements. ASTM clarified two requirements for testing bath seats that use suction cups. The standard provides two suction cup test requirements: One provision evaluates the attachment between the suction cups and the test surface; the other evaluates the attachment of the suction cups to the bath seat itself. The first difference between the two versions clarifies the test requirement to emphasize that the bath seat must actually attach to the test surfaces as part of the test. The second difference specifies that this particular test only needs to be performed on one of the two test surfaces. Both revisions are clarifications. Markings and Labeling. ASTM made two minor changes to labeling requirements. One revision changed the test for label permanency to the relative humidity (RH) to be a range rather than a specific RH. Staff considers this a practical change that is needed because producing an exact RH for the test is difficult. The second change to the labeling requirements removes the word ‘‘adult’’ before the term ‘‘caregiver’’ in a provision that requires a warning to ‘‘be located on the product so that it is visible to the [adult] caregiver.’’ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 73693 Assessment. Except for the revisions for attachment components and test surface preparation, the revisions discussed above do not make any substantial change to the standard. Staff’s opinion is that the new requirement for attachment components and the change to the test surface preparation provision will improve the safety of the bath seats. As a result, the Commission did not determine or notify ASTM that the revised standard does not improve the safety of infant seats. In accordance with Public Law 112– 28, the revised ASTM standard for infant bath seats therefore becomes the new CPSC standard 180 days after the date the CPSC received notification of the revision from ASTM. This rule revises the incorporation by reference at 16 CFR part 1215, to reference the revised ASTM standard, ASTM F1967–13. 2. Toddler Beds Background. On April 20, 2011, the Commission published a final rule for toddler beds that incorporated by reference ASTM F1821–09, Standard Consumer Safety Specification for Toddler Beds, with several modifications to make the standard more stringent. 76 FR 22019 (correction notice, 76 FR 27882 (May 13, 2011)). On May 16, 2012, ASTM notified the Commission that ASTM had revised ASTM’s toddler bed standard and published ASTM F1821–11b. The CPSC reviewed the revised standard and concluded that the revision, ASTM F1821–11b, did not improve the safety of toddler beds. The revised standard contained several provisions for guardrail height and guardrail strength that were less stringent than the CPSC’s existing standard in 16 CFR part 1217. The Commission retained ASTM F1821–09 as the standard incorporated by reference into the CPSC’s mandatory standard at 16 CFR part 1217. The staff briefing package discussing staff’s review of ASTM F1821–11b is posted on the Commission’s Web site at: https://www.cpsc.gov/Global/Newsroom/ FOIA/CommissionBriefingPackages/ 2012/ASTMRevisioinstoSafety StandardsforDurableInfantToddler Products.pdf. Revised Standard. On September 25, 2013, ASTM notified the Commission that ASTM has revised ASTM F1821 again and has published a new version, ASTM F1821–13. This version contains 12 significant changes from ASTM F1821–09. These changes bring the ASTM standard into accord with the CPSC’s mandatory standard for toddler beds at 16 CFR part 1217. E:\FR\FM\09DER1.SGM 09DER1 73694 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES Assessment. Staff has concluded that the revised standard, ASTM F1821–13, is neutral with respect to safety as compared to the prior standard. Staff recommends that the Commission allow the ASTM revisions to the toddler bed standard to become the CPSC-mandated standards. Nothing in Section 104 obligates the Commission to make a determination that safety is not improved or to notify the applicable standards organization accordingly. As a result, where a proposed revision to the voluntary standard does not impact safety, the Commission has the discretion to make no determination, which would result in the revised voluntary standard becoming the applicable consumer product safety standard. In the toddler bed situation, because the revised standard is neutral with respect to safety, a determination by the Commission under the statute is not warranted and the revised voluntary standard will therefore become effective as a consumer product safety standard pursuant to the statute. The revisions bring ASTM F1821 into accord with the CPSC’s regulation in 16 CFR part 1217. In accordance with Public Law 112– 28, the revised ASTM standard for toddler beds becomes the new CPSC standard on March 24, 2014, which is 180 days after the date we received notification of the revision from ASTM. The rule the Commission issues today revises the incorporation by reference at 16 CFR part 1217 to reference the revised ASTM standard, ASTM F1821–13. 3. Full-Size Cribs Background. On December 28, 2010, the Commission published a final rule for full-size cribs that incorporated by reference ASTM F1169–10, Standard Consumer Safety Specification for FullSize Baby Cribs, along with two modifications. On May 16, 2012, ASTM notified the CPSC that ASTM had published a revised 2011 version of ASTM’s standard, ASTM F1169–11. The CPSC reviewed the revised standard and determined that the revision, ASTM F1169–11, was essentially identical to the full-size crib standard that the Commission mandated at 16 CFR part 1219. Staff’s briefing package is available at https://www.cpsc.gov/ Global/Newsroom/FOIA/Commission BriefingPackages/2012/ASTMRevisioins toSafetyStandardsforDurableInfant ToddlerProducts.pdf. In accordance with Pub. L. 112–28, the Commission published a final rule that incorporated by reference the revised full-size crib standard, ASTM F1169–11, as the Commission’s standard for full-size VerDate Mar<15>2010 14:40 Dec 06, 2013 Jkt 232001 cribs. 77 FR 4542 (July 31, 2012). As noted above, ASTM notified us on September 25, 2013, that ASTM again has revised ASTM’s full-size crib standard; the current ASTM standard is ASTM F1169–13. Revised Standard. The revised standard, ASTM F1169–13, differs from ASTM F1169–11 (the current CPSC standard) in one aspect that is reflected in two sections of the revised standard. ASTM F1169–11 requires that before and after testing a crib, the crib must comply with all general requirements of the standard. These general requirements address the distance between slats. However, the specific testing procedure for slats allows for one slat to fail during testing if the load at failure is at least 60 pounds and an additional 25 percent of the slats are tested and meet the 80-pound force requirement. Thus, a tested crib potentially could comply with the specific testing procedures for slats even if a slat failed during testing, but not meet the general slat spacing requirements because of the failed slat. In that situation, the crib would not comply with the requirements in the current standard because the crib would not meet all of the general requirements after the crib had been tested. The revised standard, ASTM F1169– 13, provides an exception for this specific situation so that a crib’s failure to meet the slat spacing requirement under the testing circumstances described above would not cause the crib to be considered noncompliant. Assessment. The revision clarifies the intent of the ASTM standard and removes an unintended inconsistency. The revision does not change the substantive requirements of the standard. As previously noted, the Commission is not obligated to make a determination that safety is not improved or to notify the applicable standards organization accordingly. As a result, where a proposed revision to the voluntary standard does not impact safety, the Commission has the discretion to make no determination, which would result in the revised voluntary standard becoming the applicable consumer product safety standard. In the crib situation, because the revised standard is neutral with respect to safety, a determination by the Commission under the statute is not warranted. The revised voluntary standard will therefore become effective as a consumer product safety standard pursuant to the statute. In accordance with Public Law 112– 28, the revised ASTM standard for fullsize cribs becomes the new CPSC standard on March 24, 2014, which is PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 180 days after the date the CPSC received notification of the revision from ASTM. This rule revises the incorporation by reference at 16 CFR part 1219, to reference the revised ASTM standard, ASTM F1169–13. 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, which automatically become consumer product standards and which simply would be incorporated by reference into applicable regulatory provisions, notice and comment is not necessary. 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. For accuracy and to avoid misleading the public as to the applicable consumer product standard, the Commission believes that issuing a rule revising the incorporation by reference in these circumstances is appropriate. 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). 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. Revising the regulatory references to the ASTM standards will conform the regulation to the substantive change in the applicable consumer product standard that will occur by operation of law under Public Law 112–28. Public comment will not impact the substantive changes to the standards or the effect of the revised standards as consumer product safety standards 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 E:\FR\FM\09DER1.SGM 09DER1 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Rules and Regulations rule will become effective on March 24, 2014. 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 March 24, 2014. pmangrum on DSK3VPTVN1PROD with RULES E. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires that agencies review proposed and final rules for the rules’ 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 bath seat, toddler bed, and full-size crib standards reflect changes made by operation of law under Public Law 112– 28. Therefore, the 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 VerDate Mar<15>2010 14:40 Dec 06, 2013 Jkt 232001 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 The infant bath seat, toddler bed, and full-size crib standards 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 informationcollection 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 73695 issued under section 104(b)(1)(B) of the CPSIA are ‘‘consumer product safety standards.’’ Thus, they are subject to the testing and certification requirements of section 14 of the CPSA. Because infant bath seats, toddler beds, and full-size cribs 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 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 NORs for accreditation of third party conformity assessment bodies for testing infant bath seats (75 FR 31688 (June 4, 2010)); toddler beds (76 FR 22030 (April 20, 2011)); and full-size cribs (75 FR 81789 (December 28, 2010)). The NORs provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing infant bath seats to 16 CFR part 1215; for testing toddler beds to 16 CFR part 1217; and for testing full-size cribs to 16 CFR part 1219. These NORs are listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies.’’ 16 CFR part 1112. The revisions discussed above do not add any new provisions that would require a third party conformity assessment body (testing laboratory) to conduct additional tests. As discussed above, the infant bath seat revision adds a requirement that attachment components must be permanently attached to the bath seat. Although this is a new requirement, the revision does not involve a new test, only a brief evaluation. The revisions to the toddler bed standard bring the ASTM standard into accord with the CPSC standard. Thus, the revised toddler bed standard will not change existing test methods. The revision to the full-size crib standard is a clarification and will not change the existing test methods in that standard. Revising the references for the infant bath seat, toddler bed, and full-size crib standards will not necessitate any change in the way that third party conformity assessment bodies test these products for compliance to CPSC standards. Therefore, the Commission E:\FR\FM\09DER1.SGM 09DER1 73696 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Rules and Regulations considers the existing accreditations that the Commission has accepted for testing to these standards also to cover testing to the revised standards. The existing NORs for these standards remain in place, and CPSC-accepted third party conformity assessment bodies are expected to update the scope of the testing laboratories’ accreditation to reflect the revised standards in the normal course of renewing their accreditation. List of Subjects in 16 CFR Parts 1215, 1217, and 1219 Consumer protection, Incorporation by reference, Imports, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends 16 CFR chapter II as follows: PART 1215—SAFETY STANDARD FOR INFANT BATH SEATS 1. The authority citation for part 1215 is revised to read as follows: ■ Authority: Sec. 104, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ 2. Revise § 1215.2 to read as follows: § 1215.2 seats. 4. Revise § 1217.2 to read as follows: § 1217.2 Requirements for toddler beds. Each toddler bed shall comply with all applicable provisions of ASTM F1821–13, Standard Consumer Safety Specification for Toddler Beds, approved on June 1, 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 from ASTM International, 100 Barr Harbor Drive, P.O. 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: https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. PART 1219—SAFETY STANDARD FOR FULL-SIZE BABY CRIBS Requirements for infant bath PART 1217—SAFETY STANDARD FOR TODDLER BEDS 3. The authority citation for part 1217 is revised to read as follows: ■ Authority: Sec. 104, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). VerDate Mar<15>2010 5. The authority citation for part 1215 is revised to read as follows: ■ Each infant bath seat shall comply with all applicable provisions of ASTM F1967–13, Standard Consumer Safety Specification for Infant Bath Seats, approved on August 1, 2013. 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, P.O. Box C700, West Conshohocken, PA 19428–2959 USA, telephone: 610–832–9585; https:// 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: https://www.archives.gov/ federal_register/code_of_federal regulations/ibr_locations.html. pmangrum on DSK3VPTVN1PROD with RULES ■ 14:40 Dec 06, 2013 Jkt 232001 Authority: Sec. 104, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ 6. Revise § 1219.2 to read as follows: § 1219.2 cribs. Requirements for full-size baby Each full-size baby crib shall comply with all applicable provisions of ASTM F1169–13, Standard Consumer Safety Specification for Full-Size Baby Cribs, approved May 1, 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 from ASTM International, 100 Barr Harbor Drive, P.O. 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: https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. PO 00000 Frm 00010 Fmt 4700 Sfmt 9990 Dated: December 3, 2013. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2013–29226 Filed 12–6–13; 8:45 am] BILLING CODE 6355–01–P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA–2013–0040] RIN 0960–AH62 Extension of Expiration Date for Mental Disorders Body System Listings; Correction Social Security Administration. Final rule; correction. AGENCY: ACTION: In the Federal Register of December 3, 2013, we published a final rule document extending the expiration date of the Mental Disorders body system in the Listing of Impairments (listings) in our regulations. We inadvertently stated the RIN incorrectly as 0960–AH49. This document corrects the RIN to 0960–AH62. DATES: Effective on December 9, 2013. FOR FURTHER INFORMATION CONTACT: William P. Gibson, Office of Regulations and Reports Clearance, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 966–9039. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772– 1213, or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at https://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: We published a final rule document in the Federal Register of December 3, 2013, (78 FR 72571) extending the expiration date of the Mental Disorders body system in the Listing of Impairments (listings) in our regulations. In this final rule, we incorrectly stated the RIN as 0960–AH49. This correction changes the RIN to 0960–AH62. In FR Doc. 2013–28836 appearing on page 72571 in the Federal Register of Tuesday, December 3, 2013, the following correction is made: On page 72571, in the second column, the RIN is corrected to read ‘‘0960– AH62’’. SUMMARY: Paul Kryglik, Director, Office of Regulations and Reports Clearance. [FR Doc. 2013–29264 Filed 12–6–13; 8:45 am] BILLING CODE 4191–02–P E:\FR\FM\09DER1.SGM 09DER1

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Consumer Product Safety Commission

[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Rules and Regulations]
[Pages 73692-73696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29226]

[[Page 73692]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1215, 1217 and 1219

Revisions to Safety Standards for Infant Bath Seats, Toddler
Beds, and Full-Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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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 bath seats, toddler beds, and full-size baby cribs. These
standards incorporated by reference the ASTM voluntary standards
associated with the products, with some modifications. In August 2011,
Congress enacted Public Law 112-28, which sets forth a process for
updating standards that the Commission has issued under the authority
of section 104(b) of the CPSIA. In accordance with that process, the
CPSC is publishing this direct final rule, revising the CPSC's
standards for infant bath seats, toddler beds, and full-size cribs, to
incorporate by reference more recent versions of the applicable ASTM
standards.

DATES: The rule is effective on March 24, 2014, unless we receive
significant adverse comment by January 8, 2014. 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 March 24, 2014.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0043, by any of the following methods:
Submit electronic comments via:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments. The Commission is no longer
accepting comments submitted by electronic mail (email), except through
www.regulations.gov.
Submit written submissions by:
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 https://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
bath seat standard, contact: Keysha Walker, 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. For information related to the toddler bed standard,
contact Daniel Dunlap, Office of Compliance and Field Operations,
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda,
MD 20814-4408; telephone: (301) 504-7733; email: ddunlap@cpsc.gov. For
information related to the full-size crib standard, contact Justin
Jirgl, Office of Compliance and Field Operations, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814-4408;
telephone: (301) 504-7814; email: jjirgl@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 bath seats, toddler beds, and full-size cribs. 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 Public Law
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 durable
infant or toddler standards when a voluntary standard group changes a
voluntary standard upon which the CPSC standard was based. 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 ASTM Revisions. On September 25, 2013,
ASTM notified CPSC of ASTM's approval and publication of revisions to
ASTM F1967, Standard Consumer Specification for Infant Bath Seats; ASTM
F1821, Standard Consumer Safety Specification for Toddler Beds; and
ASTM F1169, Standard Consumer Safety Specification for Full-Size Baby
Cribs. In the notification, ASTM stated that ASTM has revised these
standards since the Commission adopted the earlier versions of the
standards as CPSC mandatory standards.
The Commission has reviewed the revisions. Under Public Law 112-28,
the revised standards shall be considered consumer product safety
rules, unless the Commission determines and notifies ASTM that these
revisions do not improve the safety of these consumer products and that
the Commission is retaining the existing standard. The Commission has
declined to make such a determination and notification to ASTM with
respect to these revisions. Accordingly, we are publishing this direct
final rule, which revises the incorporation by reference included in
each of these rules so that the Code of Federal Regulations will
accurately reflect the revised version of the relevant ASTM standards.

[[Page 73693]]

B. Revisions to the Particular ASTM Standards

1. Infant Bath Seats

Background. On June 4, 2010, the Commission published a final rule
for infant bath seats that incorporated by reference ASTM F1967-08a,
Standard Consumer Specification for Infant Bath Seats, with certain
modifications to make the standard more stringent. (75 FR 31691). On
May 16, 2012, ASTM notified the CPSC that ASTM had approved and
published a revised version of the bath seat standard, ASTM F1967-11a.
In accordance with Public Law 112-28, the revised standard was
considered a consumer product safety standard issued by the Commission
in the absence of a notification to ASTM of a Commission determination
that the proposed revision did not improve safety. The Commission
published a final rule incorporating by reference the revised bath seat
standard, ASTM F1967-11a, as the Commission's standard for infant bath
seats. 77 FR 4542 (July 31, 2012).
Subsequently, ASTM notified us on September 25, 2013, that ASTM has
revised ASTM's infant bath seat standard again; the current ASTM
standard is ASTM F1967-13.
There are several differences between ASTM F1967-11a, the version
that CPSC currently mandates as the safety standard for bath seats, and
the revised voluntary standard, ASTM F1967-13. In this section of the
preamble, we summarize those differences.
Attachment Components. The 2013 version of the ASTM standard
contains a new definition and requirement for attachment components.
The requirement specifies that all components needed to attach the bath
seat to the bath tub (attachment components) must be permanently
attached to the bath seat. Staff is aware of a bath seat design that
provides some attachment components that are separate from the bath
seat. With this design, consumers must install the attachment
components, consisting of adhesive discs, on to the bath tub surface.
If the consumer fails to install the adhesive discs or fails to install
them properly, these bath seats pose a tip over hazard. We believe
requiring all attachment components to be permanently attached to the
bath seats will increase the safety of bath seats.
Test Surface Preparation. ASTM F1967-11a specifies that bath seats
be tested for stability on two specific test surfaces and also provides
specific directions for preparing the test surfaces. Staff is aware of
third party testing laboratories that interpreted one step in the
testing preparation directions differently than ASTM intended.
Following this alternate interpretation, the testing laboratory
provided passing test results for some bath seats that otherwise would
not have passed the stability requirement. Therefore, ASTM changed this
section of the standard to specify more clearly test surface
preparation. We believe this change will improve the safety of bath
seats because the revised provision would prevent bath seats that
should, in ASTM's view, be deemed non-complying from passing the
requirement in the future.
Definition of a Bath Seat/Restraints Systems. In 2011, ASTM changed
the definition of a ``bath seat'' to specify better the type of support
that a bath seat provides. Before the ASTM F1967-11a version, the
definition of ``bath seat'' did not specify the type of support the
product provided. The revised (and current) definition states that a
bath seat provides, at a minimum, support to the front and back of a
seated infant. Thus, a product with only back support is no longer
considered a bath seat. ASTM F1967-13 removes a provision that applied
to bath seats with only back support because the provision is no longer
relevant, given the current definition of ``bath seat'' as a product
with front and back support. This change thus removes an obsolete
provision.
Suction Cup Requirements. ASTM clarified two requirements for
testing bath seats that use suction cups. The standard provides two
suction cup test requirements: One provision evaluates the attachment
between the suction cups and the test surface; the other evaluates the
attachment of the suction cups to the bath seat itself. The first
difference between the two versions clarifies the test requirement to
emphasize that the bath seat must actually attach to the test surfaces
as part of the test. The second difference specifies that this
particular test only needs to be performed on one of the two test
surfaces. Both revisions are clarifications.
Markings and Labeling. ASTM made two minor changes to labeling
requirements. One revision changed the test for label permanency to the
relative humidity (RH) to be a range rather than a specific RH. Staff
considers this a practical change that is needed because producing an
exact RH for the test is difficult. The second change to the labeling
requirements removes the word ``adult'' before the term ``caregiver''
in a provision that requires a warning to ``be located on the product
so that it is visible to the [adult] caregiver.''
Assessment. Except for the revisions for attachment components and
test surface preparation, the revisions discussed above do not make any
substantial change to the standard. Staff's opinion is that the new
requirement for attachment components and the change to the test
surface preparation provision will improve the safety of the bath
seats. As a result, the Commission did not determine or notify ASTM
that the revised standard does not improve the safety of infant seats.
In accordance with Public Law 112-28, the revised ASTM standard for
infant bath seats therefore becomes the new CPSC standard 180 days
after the date the CPSC received notification of the revision from
ASTM. This rule revises the incorporation by reference at 16 CFR part
1215, to reference the revised ASTM standard, ASTM F1967-13.

2. Toddler Beds

Background. On April 20, 2011, the Commission published a final
rule for toddler beds that incorporated by reference ASTM F1821-09,
Standard Consumer Safety Specification for Toddler Beds, with several
modifications to make the standard more stringent. 76 FR 22019
(correction notice, 76 FR 27882 (May 13, 2011)). On May 16, 2012, ASTM
notified the Commission that ASTM had revised ASTM's toddler bed
standard and published ASTM F1821-11b. The CPSC reviewed the revised
standard and concluded that the revision, ASTM F1821-11b, did not
improve the safety of toddler beds. The revised standard contained
several provisions for guardrail height and guardrail strength that
were less stringent than the CPSC's existing standard in 16 CFR part
1217. The Commission retained ASTM F1821-09 as the standard
incorporated by reference into the CPSC's mandatory standard at 16 CFR
part 1217. The staff briefing package discussing staff's review of ASTM
F1821-11b is posted on the Commission's Web site at: https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2012/ASTMRevisioinstoSafetyStandardsforDurableInfantToddlerProducts.pdf.
Revised Standard. On September 25, 2013, ASTM notified the
Commission that ASTM has revised ASTM F1821 again and has published a
new version, ASTM F1821-13. This version contains 12 significant
changes from ASTM F1821-09. These changes bring the ASTM standard into
accord with the CPSC's mandatory standard for toddler beds at 16 CFR
part 1217.

[[Page 73694]]

Assessment. Staff has concluded that the revised standard, ASTM
F1821-13, is neutral with respect to safety as compared to the prior
standard. Staff recommends that the Commission allow the ASTM revisions
to the toddler bed standard to become the CPSC-mandated standards.
Nothing in Section 104 obligates the Commission to make a
determination that safety is not improved or to notify the applicable
standards organization accordingly. As a result, where a proposed
revision to the voluntary standard does not impact safety, the
Commission has the discretion to make no determination, which would
result in the revised voluntary standard becoming the applicable
consumer product safety standard. In the toddler bed situation, because
the revised standard is neutral with respect to safety, a determination
by the Commission under the statute is not warranted and the revised
voluntary standard will therefore become effective as a consumer
product safety standard pursuant to the statute. The revisions bring
ASTM F1821 into accord with the CPSC's regulation in 16 CFR part 1217.
In accordance with Public Law 112-28, the revised ASTM standard for
toddler beds becomes the new CPSC standard on March 24, 2014, which is
180 days after the date we received notification of the revision from
ASTM. The rule the Commission issues today revises the incorporation by
reference at 16 CFR part 1217 to reference the revised ASTM standard,
ASTM F1821-13.

3. Full-Size Cribs

Background. On December 28, 2010, the Commission published a final
rule for full-size cribs that incorporated by reference ASTM F1169-10,
Standard Consumer Safety Specification for Full-Size Baby Cribs, along
with two modifications. On May 16, 2012, ASTM notified the CPSC that
ASTM had published a revised 2011 version of ASTM's standard, ASTM
F1169-11. The CPSC reviewed the revised standard and determined that
the revision, ASTM F1169-11, was essentially identical to the full-size
crib standard that the Commission mandated at 16 CFR part 1219. Staff's
briefing package is available at https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2012/ASTMRevisioinstoSafetyStandardsforDurableInfantToddlerProducts.pdf. In
accordance with Pub. L. 112-28, the Commission published a final rule
that incorporated by reference the revised full-size crib standard,
ASTM F1169-11, as the Commission's standard for full-size cribs. 77 FR
4542 (July 31, 2012). As noted above, ASTM notified us on September 25,
2013, that ASTM again has revised ASTM's full-size crib standard; the
current ASTM standard is ASTM F1169-13.
Revised Standard. The revised standard, ASTM F1169-13, differs from
ASTM F1169-11 (the current CPSC standard) in one aspect that is
reflected in two sections of the revised standard. ASTM F1169-11
requires that before and after testing a crib, the crib must comply
with all general requirements of the standard. These general
requirements address the distance between slats. However, the specific
testing procedure for slats allows for one slat to fail during testing
if the load at failure is at least 60 pounds and an additional 25
percent of the slats are tested and meet the 80-pound force
requirement. Thus, a tested crib potentially could comply with the
specific testing procedures for slats even if a slat failed during
testing, but not meet the general slat spacing requirements because of
the failed slat. In that situation, the crib would not comply with the
requirements in the current standard because the crib would not meet
all of the general requirements after the crib had been tested.
The revised standard, ASTM F1169-13, provides an exception for this
specific situation so that a crib's failure to meet the slat spacing
requirement under the testing circumstances described above would not
cause the crib to be considered noncompliant.
Assessment. The revision clarifies the intent of the ASTM standard
and removes an unintended inconsistency. The revision does not change
the substantive requirements of the standard.
As previously noted, the Commission is not obligated to make a
determination that safety is not improved or to notify the applicable
standards organization accordingly. As a result, where a proposed
revision to the voluntary standard does not impact safety, the
Commission has the discretion to make no determination, which would
result in the revised voluntary standard becoming the applicable
consumer product safety standard. In the crib situation, because the
revised standard is neutral with respect to safety, a determination by
the Commission under the statute is not warranted. The revised
voluntary standard will therefore become effective as a consumer
product safety standard pursuant to the statute.
In accordance with Public Law 112-28, the revised ASTM standard for
full-size cribs becomes the new CPSC standard on March 24, 2014, which
is 180 days after the date the CPSC received notification of the
revision from ASTM. This rule revises the incorporation by reference at
16 CFR part 1219, to reference the revised ASTM standard, ASTM F1169-
13.

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, which automatically become consumer
product standards and which simply would be incorporated by reference
into applicable regulatory provisions, notice and comment is not
necessary.
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. For
accuracy and to avoid misleading the public as to the applicable
consumer product standard, the Commission believes that issuing a rule
revising the incorporation by reference in these circumstances is
appropriate. 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). 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.
Revising the regulatory references to the ASTM standards will
conform the regulation to the substantive change in the applicable
consumer product standard that will occur by operation of law under
Public Law 112-28. Public comment will not impact the substantive
changes to the standards or the effect of the revised standards as
consumer product safety standards 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

[[Page 73695]]

rule will become effective on March 24, 2014. 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 March 24, 2014.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires that
agencies review proposed and final rules for the rules' 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 bath seat,
toddler bed, and full-size crib standards reflect changes made by
operation of law under Public Law 112-28. Therefore, the 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

The infant bath seat, toddler bed, and full-size crib standards
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 testing and certification requirements of
section 14 of the CPSA.
Because infant bath seats, toddler beds, and full-size cribs 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 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 NORs for accreditation of third
party conformity assessment bodies for testing infant bath seats (75 FR
31688 (June 4, 2010)); toddler beds (76 FR 22030 (April 20, 2011)); and
full-size cribs (75 FR 81789 (December 28, 2010)). The NORs provided
the criteria and process for our acceptance of accreditation of third
party conformity assessment bodies for testing infant bath seats to 16
CFR part 1215; for testing toddler beds to 16 CFR part 1217; and for
testing full-size cribs to 16 CFR part 1219. These NORs are listed in
the Commission's rule, ``Requirements Pertaining to Third Party
Conformity Assessment Bodies.'' 16 CFR part 1112.
The revisions discussed above do not add any new provisions that
would require a third party conformity assessment body (testing
laboratory) to conduct additional tests. As discussed above, the infant
bath seat revision adds a requirement that attachment components must
be permanently attached to the bath seat. Although this is a new
requirement, the revision does not involve a new test, only a brief
evaluation. The revisions to the toddler bed standard bring the ASTM
standard into accord with the CPSC standard. Thus, the revised toddler
bed standard will not change existing test methods. The revision to the
full-size crib standard is a clarification and will not change the
existing test methods in that standard.
Revising the references for the infant bath seat, toddler bed, and
full-size crib standards will not necessitate any change in the way
that third party conformity assessment bodies test these products for
compliance to CPSC standards. Therefore, the Commission

[[Page 73696]]

considers the existing accreditations that the Commission has accepted
for testing to these standards also to cover testing to the revised
standards. The existing NORs for these standards remain in place, and
CPSC-accepted third party conformity assessment bodies are expected to
update the scope of the testing laboratories' accreditation to reflect
the revised standards in the normal course of renewing their
accreditation.

List of Subjects in 16 CFR Parts 1215, 1217, and 1219

Consumer protection, Incorporation by reference, Imports, Infants
and children, Law enforcement, Safety, Toys.
For the reasons stated above, the Commission amends 16 CFR chapter
II as follows:

PART 1215--SAFETY STANDARD FOR INFANT BATH SEATS

0
1. The authority citation for part 1215 is revised to read as follows:

Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14,
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).

0
2. Revise Sec. 1215.2 to read as follows:

Sec. 1215.2 Requirements for infant bath seats.

Each infant bath seat shall comply with all applicable provisions
of ASTM F1967-13, Standard Consumer Safety Specification for Infant
Bath Seats, approved on August 1, 2013. 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, P.O. Box C700, West Conshohocken, PA 19428-2959 USA, telephone:
610-832-9585; https://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: https://www.archives.gov/federal_register/code_of_federal regulations/ibr_locations.html.

PART 1217--SAFETY STANDARD FOR TODDLER BEDS

0
3. The authority citation for part 1217 is revised to read as follows:

Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14,
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).

0
4. Revise Sec. 1217.2 to read as follows:

Sec. 1217.2 Requirements for toddler beds.

Each toddler bed shall comply with all applicable provisions of
ASTM F1821-13, Standard Consumer Safety Specification for Toddler Beds,
approved on June 1, 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 from ASTM International, 100 Barr
Harbor Drive, P.O. 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:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

PART 1219--SAFETY STANDARD FOR FULL-SIZE BABY CRIBS

0
5. The authority citation for part 1215 is revised to read as follows:

Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14,
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).

0
6. Revise Sec. 1219.2 to read as follows:

Sec. 1219.2 Requirements for full-size baby cribs.

Each full-size baby crib shall comply with all applicable
provisions of ASTM F1169-13, Standard Consumer Safety Specification for
Full-Size Baby Cribs, approved May 1, 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 from ASTM
International, 100 Barr Harbor Drive, P.O. 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Dated: December 3, 2013.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2013-29226 Filed 12-6-13; 8:45 am]
BILLING CODE 6355-01-P

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