Revisions to Safety Standard for Infant Bath Tubs, 53371-53375 [2018-23071]
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Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations
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[FR Doc. 2018–22750 Filed 10–22–18; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1234
[Docket No. CPSC–2015–0019]
Revisions to Safety Standard for Infant
Bath Tubs
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), the
U.S. Consumer Product Safety
Commission (CPSC), in March 2017,
published a consumer product safety
standard for infant bath tubs. The
standard incorporated by reference the
applicable ASTM voluntary standard.
The CPSIA 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, we are
publishing this direct final rule, revising
the CPSC’s standard for infant bath tubs
to incorporate by reference a more
recent version of the applicable ASTM
standard.
DATES: The rule is effective on January
15, 2019, unless we receive significant
adverse comment by November 23,
2018. 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 January 15,
2019.
SUMMARY:
You may submit comments,
identified by Docket No. CPSC–2015–
0019, by any of the following methods:
Submit electronic comments in the
following way:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
ADDRESSES:
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53371
electronic mail (email), except through
www.regulations.gov.
Submit written submissions as
follows:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions)
to: Division of the Secretariat, 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:
Keysha Walker, Compliance Officer,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: 301–
504–6820; email: kwalker@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
A. Authority To Update Rules Issued
Under Section 104(b) of the CPSIA
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 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.
Section 104(b) of the CPSIA also sets
forth a process for updating CPSC’s
mandatory durable infant or toddler
standards when the voluntary standard
upon which such standards are based
are modified. 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. By statute, 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
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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.
B. Safety Standard for Infant Bath Tubs
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The Commission issued a safety
standard for infant bath tubs on March
30, 2017, codified at 16 CFR part 1234.
82 FR 15615. The bath tub standard
incorporated by reference the thencurrent voluntary standard for infant
bath tubs, ASTM F2670–17, Standard
Consumer Safety Specification for
Infant Bath Tubs. Paragraph 3.1.2 of
ASTM F2670–17 defines an ‘‘infant bath
tub’’ as a ‘‘tub, enclosure, or other
similar product intended to hold water
and be placed into an adult bath tub,
sink, or on top of other surfaces to
provide support or containment, or
both, for an infant in a reclining, sitting,
or standing position during bathing by
a caregiver.’’ Paragraph 1.1 of ASTM
F2670–17 specifically excludes
‘‘products commonly known as bath
slings, typically made of fabric or mesh’’
from the scope of the standard.
However, the preambles to proposed
and final rules for infant bath tubs
discuss that ASTM was working to
include accessories in the standard.1 In
2017, CPSC staff recommended
proceeding with the final rule intending
to update the mandatory rule after
updating the voluntary standard to
include infant bath tub accessories. See
March 15, 2017, Briefing Package
regarding Staff’s Final Rule for Infant
Bath Tubs Under the Danny Keysar
Child Product Safety Notification Act, at
13–14.2
1 See Proposed Rule for Infant Bath Tubs: 80 FR
48769, 48770, 84772 (August 14, 2015) (noting that
infant slings are excluded from the voluntary
standard and that CPSC staff was working with two
ASTM task groups created to address injuries
associated with the use of infant bath slings); Final
Rule for Infant Bath Tubs: 82 FR 15615, 15619
(March 30, 2017). Section IV.F of the final rule
describes that the Commission is moving forward
with a final rule while CPSC staff continues to work
with two ASTM task groups to address the risk of
injury associated with the use of infant bath slings.
The final rule states that if the ASTM standard is
revised to address infant bath slings, Commission
staff will evaluate the revised standard and advise
the Commission whether to update the mandatory
standard to incorporate by reference any revised
standard at that time.
2 Available at: https://www.cpsc.gov/s3fs-public/
Final%20Rule%20-%20Safety
%20Standard%20for%20Infant%20Bath%20
Tubs%20-%20March%2015%202017.pdf.
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C. Notification of Recent Revision
On July 19, 2018, ASTM officially
notified the CPSC that ASTM published
a revised 2018 version of ASTM F2670,
approved on March 1, 2018. The revised
ASTM F2670 includes bath tub
accessories and specifies other minor
changes, as discussed below in section
II of this preamble. By statute, the
revised ASTM F2670–18 shall be
considered a consumer product safety
standard issued by the Commission,
effective 180 days after July 19, 2018
(January 15, 2019), unless the
Commission specifies a later effective
date in the Federal Register, or notifies
ASTM within 90 days of July 19, 2018
(October 17, 2018) that the Commission
has determined that the proposed
revision does not improve the safety of
infant bath tubs and that the
Commission will retain ASTM F2670–
17 as the mandatory standard.
D. Updating the Incorporation by
Reference
As reviewed in sections II and VI of
this preamble, the Commission
determines that the proposed revision in
ASTM F2670–18 improves the safety of
infant bath tubs, and therefore, will
allow the revision to become a
consumer product safety standard
effective January 15, 2019. Accordingly,
the Commission is revising the
incorporation by reference in 16 CFR
1234.2 to reference ASTM F2670–18.
II. Revisions to ASTM F2670
The 2018 revision to ASTM F2670
expands the scope of the voluntary
standard to include accessories used
with an infant bath tub, includes new
performance tests for accessories used
with infant bath tubs, and makes
corresponding changes to product
labeling and instructions. ASTM F2670–
18 also includes several non-substantive
changes that do not affect safety, such
as spacing, formatting, and language
stating that ASTM developed the
standard in accordance with principles
recognized by the World Trade
Organization. None of these changes
affects the safety of infant bath tubs.
Accordingly, below we summarize the
major revisions made in ASTM F2670–
18.
A. Introduction and Scope
ASTM F2670–17 specifically excludes
infant bath tub accessories from the bath
tub standard. The revised ASTM F2670–
18 now explicitly states that included
within the scope of the standard are
‘‘slings, pads, inserts and similar
accessories when such accessories are
used with the infant bath tub.’’ Adding
bath tub accessories to the scope of the
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standard improves the safety of infant
bath tubs because the revision is
intended to address product failure
incidents involving accessories, which
are now included with the sale of some
infant bath tubs.
B. Terminology
The revised standard includes six
new definitions to address the addition
of infant bath tub accessories and other
changes recommended by the ASTM
subcommittee for consistency across
juvenile product safety standards. New
terms include ‘‘double action release
system,’’ ‘‘fabric,’’ ‘‘infant bath tub
accessory,’’ ‘‘product,’’ ‘‘protective
component,’’ and ‘‘seam.’’ Paragraph
3.1.5 of ASTM F2670–18 defines ‘‘infant
bath tub accessory’’ as a ‘‘component or
product sold with an infant bath tub or
sold separately and that is intended to
be attached or placed on or in an infant
bath tub for the purpose of supporting
an infant during bathing by an adult
caregiver.’’ 3 Revisions in ASTM F2670–
18 use this definition to expand the
scope of the voluntary standard and
apply new testing and labeling
requirements to such products to reduce
the risk of injury associated with the use
of infant bath tub accessories used with
an infant bath tub.
C. General Requirements
ASTM F2670–18 contains revised
general requirements that now include
infant bath tub accessories, such as the
general requirement for Resistance to
Collapse. Paragraph 5.4.1 requires that
infant bath tub accessories must contain
latching and locking mechanisms to
prevent the unintentional collapse of
the product with the infant in the
product, using either a single or double
action release system as described in
paragraphs 5.4.1.1 and 5.4.1.2, and that
meet the new testing requirements in
section 7 of the standard. The majority
of incidents noted in the proposed and
final rules for infant bath tubs involved
bath tub accessories that collapsed
during use. Accordingly, revising
general requirements to address this risk
of injury improves the safety of infant
bath tubs when used with infant bath
tub accessories.
Changes in paragraphs 5.7 and 5.8 of
ASTM F2670–18 improve the safety of
infant bath tub accessories by extending
3 Paragraph 3.1.5.1 further explains that an infant
bath tub accessory may also be used as a standalone
product, but that mode is not covered by ASTM
F2670–18. ASTM is currently working on a new
voluntary standard to cover standalone infant
bathers. Moreover, other bath tub accessories that
are not intended to support an infant while bathing,
such as soap, towel holder, water pump, or a
shower handle, are also not included within the
definition of ‘‘infant bath tub accessory.’’
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the existing requirements for protective
components and toys to include infant
bath tub accessories. Paragraph 5.10 of
the revised standard, Compliance with
Multi-use Products, is a new provision
aimed at addressing infant bath tub
accessories that can be used alone or
with an infant bath tub. ASTM F2670–
18 only applies to infant bath tub
accessories when used with an infant
bath tub. Paragraph 5.10 states that if an
infant bath tub accessory can be used as
a standalone product that is subject to
a different standard, the product must
be tested and comply with the
requirements of that standard as well.
Paragraph 5.10 ensures that infant bath
tub accessories are tested to every
applicable standard. This revision
improves safety by ensuring that
existing requirements apply to infant
bath tub accessories, and by ensuring
that all use modes of infant bath tub
accessories are required to be in
compliance with applicable standards.
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D. Performance Requirements
Paragraph 6.4 of ASTM F2670–18
includes new performance testing for
infant bath tub accessories, Structural
Integrity/Attachment of Infant Bath Tub
Accessories. The new requirements
include: Static and dynamic load testing
to ensure that accessories stay attached
to the bath tub during use; integrity and
strength testing for fabric and mesh
accessories to ensure no material
breakage, disengagement, detachment,
or change in the ability to support an
infant; and seam strength testing of
fabric and mesh accessories to ensure a
breakage strength of 30 lbf or greater.
The addition of performance
requirements for infant bath tub
accessories improves safety because the
requirements are intended to address
the incident data reports involving
infant bath tub accessories, as described
in the proposed and final rules for
infant bath tubs, that previously were
not covered by the voluntary or
mandatory standard.
E. Test Methods
Paragraph 7 of ASTM F2670–18
contains the test methods to determine
whether the product complies with the
performance requirements in paragraph
6, including the new testing
requirements for bath tub accessories.
Revisions to paragraph 7.1, Latching
and Locking Mechanism(s), add 730
cycles of testing on latching and locking
mechanisms for an infant bath tub
accessory while maintaining 2000
cycles of testing on the bath tub. The
number of cycles for testing accessories
is lower than bath tubs, with the
assumption that consumers will use the
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accessory for a shorter length of time
(while the infant cannot sit up
unassisted) than the bath tub. The
addition of paragraphs 7.6 Structural
Integrity—Infant Bath Tub Accessory
and 7.7 Mesh/Fabric Attachment
Strength Test Method, provide new
testing requirements that correspond to
the performance requirements in
paragraph 6. For example, the test
method for the dynamic load test
acknowledges that infants are not
stationary and move around on the
accessories. The new test methods for
infant bath tub accessories in paragraph
7 of ASTM F2670–18 adequately
determine compliance with the
performance requirements in paragraph
6 of the standard, and therefore improve
safety.
F. Marking and Labeling
Revisions to the marking and labeling
section in paragraph 8 of the 2018
revised standard include requiring the
same drowning and fall hazard
warnings on infant bath tub accessories
as are on the bath tub, except ‘‘infant
bath tub accessories’’ replaces ‘‘infant
bath tub.’’ ASTM F2670–18 provides
that manufacturers can use one set of
labels, solely on the bath tub, if the
warnings on the bath tub are visible
while the accessory is in place, and the
accessory can only be used while on the
bath tub. This requirement prevents
over-labeling, which can lead to
warning saturation and consumers
disregarding warnings. To allow the
single label on the bath tub to include
the accessories, the hazard statements in
paragraphs 8.5.1.1 and 8.5.2.1 were
changed from ‘‘exactly as stated’’ to
‘‘shall address.’’ Use of the phrase ‘‘shall
address’’ allows manufacturers to
combine the infant bath tub and infant
bath tub accessory hazard statements to
be merged to read: ‘‘Drowning Hazard:
Babies have drowned while using infant
bath tubs and infant bath tub
accessories.’’ When infant bath tub
accessories are sold separately, ASTM
F2670–18 requires that the drowning
and fall hazard warnings appear on the
retail packaging, unless such warnings
on the product are not concealed by the
packaging.
G. Instructional Literature
The requirements for instructional
literature in paragraph 9 of ASTM
F2670–18 have been broadened to
include infant bath tub accessories,
similar to the marking and labeling
section of the revised standard
(paragraph 8).
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III. Incorporation by Reference
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 II of this preamble
summarizes the substantive revisions in
ASTM F2670–18 that the Commission
incorporates by reference into 16 CFR
part 1234. The standard is reasonably
available to interested parties, and
interested parties may purchase a copy
of the standard from ASTM
International, 100 Barr Harbor Drive, PO
Box C700, West Conshohocken, PA
19428–2959 USA; phone: 610–832–
9585; https://www.astm.org/. A copy of
the standard can also be inspected at
CPSC’s Division of the Secretariat, U.S.
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814, telephone 301–
504–7923.
IV. 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 of a sufficient number of samples
by a third party conformity assessment
body accredited by the Commission to
test according to the applicable
requirements. Standards for durable
infant or toddler products that are
issued under section 104(b)(1)(B) of the
CPSIA are ‘‘consumer product safety
standards.’’ Thus, the revised standard
for infant bath tubs is subject to the
testing and certification requirements of
section 14 of the CPSA.
Because infant bath tubs 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 phthalates prohibitions in
section 108 of the CPSIA, the tracking
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label requirement in section 14(a)(5) of
the CPSA, and the consumer registration
form requirements in section 104(b) of
the CPSIA.
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V. Notice of Requirements
In accordance with section
14(a)(3)(B)(iv) of the CPSA, the
Commission has previously published a
notice of requirements (NOR) for
accreditation of third party conformity
assessment bodies for testing infant bath
tubs (78 FR 15836 (March 12, 2013)
(final rule for 16 CFR part 1112); 82 FR
15626 (final rule for infant bath tubs
updating part 1112)). The NOR provided
the criteria and process for our
acceptance of accreditation of third
party conformity assessment bodies for
testing infant bath tubs to 16 CFR part
1234 (which incorporated ASTM
F2670–17). The NOR is listed in the
Commission’s rule, ‘‘Requirements
Pertaining to Third Party Conformity
Assessment Bodies.’’ 16 CFR part 1112.
Staff’s analysis of the new testing
requirements in ASTM F2670–18 for
infant bath tub accessories concludes
that such testing does not require use of
new or specialized equipment that is
different than testing equipment for
ASTM F2670–17. Staff states that testing
accessories pursuant to ASTM F2670–
18 requires use of existing testing
equipment and similar testing protocols
that are used to test infant bath tubs,
with minor adjustments. For example,
the new dynamic test for accessories
uses the same testing equipment as the
static load test already in the standard.
Moreover, staff states that the revised
standard provides clear instructions and
figures to describe the load placement
for accessory testing. Testing
laboratories that have previously
demonstrated competence for testing in
accordance with ASTM F2670–17 will
have the competence to test in
accordance with the revised standard.
Therefore, the Commission will
consider the existing accreditations that
CPSC has accepted for testing to ASTM
F2670–17 to also cover testing to
F2670–18. In this case, the existing NOR
for this standard will remain in place,
and CPSC-accepted third party
conformity assessment bodies are
expected to update the scope of the
testing laboratories’ accreditation to
reflect the revised standard in the
normal course of renewing their
accreditation. CPSC staff will notify all
CPSC-accepted labs by direct email and
will provide links to the Federal
Register notice to explain the changes to
the standard and the effective date.
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VI. 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.
The process set forth in section
104(b)(4)(B) of the CPSIA specifies that
when ASTM revises a standard
previously incorporated by reference by
the Commission as a durable infant or
toddler product under section
104(b)(1)(b) of the CPSIA, the 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 F2670–18 to become CPSC’s new
standard. The purpose of this direct
final rule is merely to update the
reference in the Code of Federal
Regulations (CFR), so that the CFR
accurately reflects the version of the
standard that takes effect by statute.
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.
The Commission also highlights that
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 recommends
that agencies use the direct final rule
process when they act under the
‘‘unnecessary’’ prong of the good cause
exemption in 5 U.S.C. 553(b)(B).
Consistent with the ACUS
recommendation, the Commission is
publishing this rule as a direct final rule
because we do not expect any
significant adverse comments.
Unless the Commission receives a
significant adverse comment within 30
days, the rule becomes effective on
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January 15, 2019. 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 will 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.
VII. 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 above, 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 updates the
incorporation by reference to reflect the
mandatory CPSC standard that takes
effect under section 104 of the CPSIA.
VIII. Paperwork Reduction Act
The infant bath tub standard contains
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520). The current
revision to incorporate by reference a
new version of ASTM F2670 makes no
changes to the information collection
previously established for infant bath
tubs. Thus, the revision will not have
any effect on the information collection
requirements related to the standard.
IX. 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 direct final
rule falls within the categorical
exclusion, so no environmental
assessment or environmental impact
statement is required.
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Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations
X. 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.
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.
XI. 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
issued under section 104(b) of the
CPSIA 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 has not set a different
effective date. Thus, in accordance with
this provision, this rule takes effect 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 we
receive a significant adverse comment
within 30 days, the rule will become
effective on January 15, 2019.
PART 1234—SAFETY STANDARD FOR
INFANT BATH TUBS
1. The authority citation for part 1234
continues to read as follows:
■
Authority: The Consumer Product Safety
Improvement Act of 2008, Pub. L. 110–314,
§ 104, 122 Stat. 3016 (August 14, 2008); Pub.
L. 112–28, 125 Stat. 273 (August 12, 2011).
■
2. Revise § 1234.2 to read as follows:
§ 1234.2
tubs.
Requirements for infant bath
Each infant bath tub must comply
with all applicable provisions of ASTM
F2670–18, Standard Consumer Safety
Specification for Infant Bath Tubs,
approved on March 1, 2018. 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 Bar
Harbor Drive, P.O. Box 0700, West
Conshohocken, PA 19428; https://
www.astm.org/. 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–
504–7923, 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/cfr/ibr_locations.html.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2018–23071 Filed 10–22–18; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0940]
List of Subjects in 16 CFR Part 1234
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
bath tub, and Toys.
khammond on DSK30JT082PROD with RULES
For the reasons stated above, the
Commission amends Title 16 CFR
chapter II as follows:
Drawbridge Operation Regulation;
Steamboat Slough (Snohomish River),
Marysville, WA
AGENCY:
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe Railway Company
(BNSF) Railroad Bridge (BNSF Bridge
37.0) across Steamboat Slough
(Snohomish River), mile 1.0 near
Marysville, WA. The deviation is
necessary to accommodate scheduled
replacement of bridge ties across the
swing span replacement. The deviation
allows the bridge to remain in the
closed-to-navigation position during the
maintenance to allow safe movement of
work crews.
DATES: This deviation is effective from
11 a.m. on November 26, 2018 to 3 p.m.
on December 14, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0940 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Steven M.
Fischer, the Bridge Administrator, Coast
Guard Thirteenth District; telephone
206–220–7282 email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: BNSF has
requested a temporary deviation from
the operating schedule for the BNSF
Bridge 37.0, mile 1.0, crossing
Steamboat Slough (Snohomish River),
near Marysville, WA. BNSF requested
for BNSF Bridge 37.0 be allowed to
remain in the closed-to-navigation
position for swing span maintenance.
This maintenance will improve the
reliability of the bridge for marine
openings. The normal operating
schedule for the subject bridge is in 33
CFR 117.1059. BNSF Bridge 37.0 is a
swing bridge and provides 8 feet of
vertical clearance above mean high
water elevation while in the closed-tonavigation position.
This deviation allows the BNSF
Bridge 37.0 to remain in the closed-tonavigation position, and need not open
for maritime traffic from 11 a.m. on
November 26, 2018 to 3 p.m. on
December 14, 2018 per the table below:
SUMMARY:
From time/date
To time/date
11 a.m./Nov 26, 2018 .......................................................
11 a.m./Dec 3, 2018 .........................................................
11 a.m./Dec 10, 2018 .......................................................
3 p.m./Nov 30, 2018 .......................................................
3 p.m./Dec 7, 2018 .........................................................
3 p.m./Dec 14, 2018 .......................................................
VerDate Sep<11>2014
15:56 Oct 22, 2018
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PO 00000
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Fmt 4700
Sfmt 4700
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]]>Agencies
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Rules and Regulations]
[Pages 53371-53375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23071]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1234
[Docket No. CPSC-2015-0019]
Revisions to Safety Standard for Infant Bath Tubs
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 104(b) of the Consumer Product
Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product
Safety Commission (CPSC), in March 2017, published a consumer product
safety standard for infant bath tubs. The standard incorporated by
reference the applicable ASTM voluntary standard. The CPSIA 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, we are publishing this direct final rule, revising the CPSC's
standard for infant bath tubs to incorporate by reference a more recent
version of the applicable ASTM standard.
DATES: The rule is effective on January 15, 2019, unless we receive
significant adverse comment by November 23, 2018. 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 January 15, 2019.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0019, by any of the following methods:
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments. To ensure timely processing of
comments, the Commission is no longer accepting comments submitted by
electronic mail (email), except through www.regulations.gov.
Submit written submissions as follows:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions)
to: Division of the Secretariat, 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: Keysha Walker, Compliance Officer,
U.S. Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: 301-504-6820; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
A. Authority To Update Rules Issued Under Section 104(b) of the CPSIA
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 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.
Section 104(b) of the CPSIA also sets forth a process for updating
CPSC's mandatory durable infant or toddler standards when the voluntary
standard upon which such standards are based are modified. 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. By statute, 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
[[Page 53372]]
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.
B. Safety Standard for Infant Bath Tubs
The Commission issued a safety standard for infant bath tubs on
March 30, 2017, codified at 16 CFR part 1234. 82 FR 15615. The bath tub
standard incorporated by reference the then-current voluntary standard
for infant bath tubs, ASTM F2670-17, Standard Consumer Safety
Specification for Infant Bath Tubs. Paragraph 3.1.2 of ASTM F2670-17
defines an ``infant bath tub'' as a ``tub, enclosure, or other similar
product intended to hold water and be placed into an adult bath tub,
sink, or on top of other surfaces to provide support or containment, or
both, for an infant in a reclining, sitting, or standing position
during bathing by a caregiver.'' Paragraph 1.1 of ASTM F2670-17
specifically excludes ``products commonly known as bath slings,
typically made of fabric or mesh'' from the scope of the standard.
However, the preambles to proposed and final rules for infant bath tubs
discuss that ASTM was working to include accessories in the
standard.\1\ In 2017, CPSC staff recommended proceeding with the final
rule intending to update the mandatory rule after updating the
voluntary standard to include infant bath tub accessories. See March
15, 2017, Briefing Package regarding Staff's Final Rule for Infant Bath
Tubs Under the Danny Keysar Child Product Safety Notification Act, at
13-14.\2\
---------------------------------------------------------------------------
\1\ See Proposed Rule for Infant Bath Tubs: 80 FR 48769, 48770,
84772 (August 14, 2015) (noting that infant slings are excluded from
the voluntary standard and that CPSC staff was working with two ASTM
task groups created to address injuries associated with the use of
infant bath slings); Final Rule for Infant Bath Tubs: 82 FR 15615,
15619 (March 30, 2017). Section IV.F of the final rule describes
that the Commission is moving forward with a final rule while CPSC
staff continues to work with two ASTM task groups to address the
risk of injury associated with the use of infant bath slings. The
final rule states that if the ASTM standard is revised to address
infant bath slings, Commission staff will evaluate the revised
standard and advise the Commission whether to update the mandatory
standard to incorporate by reference any revised standard at that
time.
\2\ Available at: https://www.cpsc.gov/s3fs-public/Final%20Rule%20-%20Safety%20Standard%20for%20Infant%20Bath%20Tubs%20-%20March%2015%202017.pdf.
---------------------------------------------------------------------------
C. Notification of Recent Revision
On July 19, 2018, ASTM officially notified the CPSC that ASTM
published a revised 2018 version of ASTM F2670, approved on March 1,
2018. The revised ASTM F2670 includes bath tub accessories and
specifies other minor changes, as discussed below in section II of this
preamble. By statute, the revised ASTM F2670-18 shall be considered a
consumer product safety standard issued by the Commission, effective
180 days after July 19, 2018 (January 15, 2019), unless the Commission
specifies a later effective date in the Federal Register, or notifies
ASTM within 90 days of July 19, 2018 (October 17, 2018) that the
Commission has determined that the proposed revision does not improve
the safety of infant bath tubs and that the Commission will retain ASTM
F2670-17 as the mandatory standard.
D. Updating the Incorporation by Reference
As reviewed in sections II and VI of this preamble, the Commission
determines that the proposed revision in ASTM F2670-18 improves the
safety of infant bath tubs, and therefore, will allow the revision to
become a consumer product safety standard effective January 15, 2019.
Accordingly, the Commission is revising the incorporation by reference
in 16 CFR 1234.2 to reference ASTM F2670-18.
II. Revisions to ASTM F2670
The 2018 revision to ASTM F2670 expands the scope of the voluntary
standard to include accessories used with an infant bath tub, includes
new performance tests for accessories used with infant bath tubs, and
makes corresponding changes to product labeling and instructions. ASTM
F2670-18 also includes several non-substantive changes that do not
affect safety, such as spacing, formatting, and language stating that
ASTM developed the standard in accordance with principles recognized by
the World Trade Organization. None of these changes affects the safety
of infant bath tubs. Accordingly, below we summarize the major
revisions made in ASTM F2670-18.
A. Introduction and Scope
ASTM F2670-17 specifically excludes infant bath tub accessories
from the bath tub standard. The revised ASTM F2670-18 now explicitly
states that included within the scope of the standard are ``slings,
pads, inserts and similar accessories when such accessories are used
with the infant bath tub.'' Adding bath tub accessories to the scope of
the standard improves the safety of infant bath tubs because the
revision is intended to address product failure incidents involving
accessories, which are now included with the sale of some infant bath
tubs.
B. Terminology
The revised standard includes six new definitions to address the
addition of infant bath tub accessories and other changes recommended
by the ASTM subcommittee for consistency across juvenile product safety
standards. New terms include ``double action release system,''
``fabric,'' ``infant bath tub accessory,'' ``product,'' ``protective
component,'' and ``seam.'' Paragraph 3.1.5 of ASTM F2670-18 defines
``infant bath tub accessory'' as a ``component or product sold with an
infant bath tub or sold separately and that is intended to be attached
or placed on or in an infant bath tub for the purpose of supporting an
infant during bathing by an adult caregiver.'' \3\ Revisions in ASTM
F2670-18 use this definition to expand the scope of the voluntary
standard and apply new testing and labeling requirements to such
products to reduce the risk of injury associated with the use of infant
bath tub accessories used with an infant bath tub.
---------------------------------------------------------------------------
\3\ Paragraph 3.1.5.1 further explains that an infant bath tub
accessory may also be used as a standalone product, but that mode is
not covered by ASTM F2670-18. ASTM is currently working on a new
voluntary standard to cover standalone infant bathers. Moreover,
other bath tub accessories that are not intended to support an
infant while bathing, such as soap, towel holder, water pump, or a
shower handle, are also not included within the definition of
``infant bath tub accessory.''
---------------------------------------------------------------------------
C. General Requirements
ASTM F2670-18 contains revised general requirements that now
include infant bath tub accessories, such as the general requirement
for Resistance to Collapse. Paragraph 5.4.1 requires that infant bath
tub accessories must contain latching and locking mechanisms to prevent
the unintentional collapse of the product with the infant in the
product, using either a single or double action release system as
described in paragraphs 5.4.1.1 and 5.4.1.2, and that meet the new
testing requirements in section 7 of the standard. The majority of
incidents noted in the proposed and final rules for infant bath tubs
involved bath tub accessories that collapsed during use. Accordingly,
revising general requirements to address this risk of injury improves
the safety of infant bath tubs when used with infant bath tub
accessories.
Changes in paragraphs 5.7 and 5.8 of ASTM F2670-18 improve the
safety of infant bath tub accessories by extending
[[Page 53373]]
the existing requirements for protective components and toys to include
infant bath tub accessories. Paragraph 5.10 of the revised standard,
Compliance with Multi-use Products, is a new provision aimed at
addressing infant bath tub accessories that can be used alone or with
an infant bath tub. ASTM F2670-18 only applies to infant bath tub
accessories when used with an infant bath tub. Paragraph 5.10 states
that if an infant bath tub accessory can be used as a standalone
product that is subject to a different standard, the product must be
tested and comply with the requirements of that standard as well.
Paragraph 5.10 ensures that infant bath tub accessories are tested to
every applicable standard. This revision improves safety by ensuring
that existing requirements apply to infant bath tub accessories, and by
ensuring that all use modes of infant bath tub accessories are required
to be in compliance with applicable standards.
D. Performance Requirements
Paragraph 6.4 of ASTM F2670-18 includes new performance testing for
infant bath tub accessories, Structural Integrity/Attachment of Infant
Bath Tub Accessories. The new requirements include: Static and dynamic
load testing to ensure that accessories stay attached to the bath tub
during use; integrity and strength testing for fabric and mesh
accessories to ensure no material breakage, disengagement, detachment,
or change in the ability to support an infant; and seam strength
testing of fabric and mesh accessories to ensure a breakage strength of
30 lbf or greater. The addition of performance requirements for infant
bath tub accessories improves safety because the requirements are
intended to address the incident data reports involving infant bath tub
accessories, as described in the proposed and final rules for infant
bath tubs, that previously were not covered by the voluntary or
mandatory standard.
E. Test Methods
Paragraph 7 of ASTM F2670-18 contains the test methods to determine
whether the product complies with the performance requirements in
paragraph 6, including the new testing requirements for bath tub
accessories. Revisions to paragraph 7.1, Latching and Locking
Mechanism(s), add 730 cycles of testing on latching and locking
mechanisms for an infant bath tub accessory while maintaining 2000
cycles of testing on the bath tub. The number of cycles for testing
accessories is lower than bath tubs, with the assumption that consumers
will use the accessory for a shorter length of time (while the infant
cannot sit up unassisted) than the bath tub. The addition of paragraphs
7.6 Structural Integrity--Infant Bath Tub Accessory and 7.7 Mesh/Fabric
Attachment Strength Test Method, provide new testing requirements that
correspond to the performance requirements in paragraph 6. For example,
the test method for the dynamic load test acknowledges that infants are
not stationary and move around on the accessories. The new test methods
for infant bath tub accessories in paragraph 7 of ASTM F2670-18
adequately determine compliance with the performance requirements in
paragraph 6 of the standard, and therefore improve safety.
F. Marking and Labeling
Revisions to the marking and labeling section in paragraph 8 of the
2018 revised standard include requiring the same drowning and fall
hazard warnings on infant bath tub accessories as are on the bath tub,
except ``infant bath tub accessories'' replaces ``infant bath tub.''
ASTM F2670-18 provides that manufacturers can use one set of labels,
solely on the bath tub, if the warnings on the bath tub are visible
while the accessory is in place, and the accessory can only be used
while on the bath tub. This requirement prevents over-labeling, which
can lead to warning saturation and consumers disregarding warnings. To
allow the single label on the bath tub to include the accessories, the
hazard statements in paragraphs 8.5.1.1 and 8.5.2.1 were changed from
``exactly as stated'' to ``shall address.'' Use of the phrase ``shall
address'' allows manufacturers to combine the infant bath tub and
infant bath tub accessory hazard statements to be merged to read:
``Drowning Hazard: Babies have drowned while using infant bath tubs and
infant bath tub accessories.'' When infant bath tub accessories are
sold separately, ASTM F2670-18 requires that the drowning and fall
hazard warnings appear on the retail packaging, unless such warnings on
the product are not concealed by the packaging.
G. Instructional Literature
The requirements for instructional literature in paragraph 9 of
ASTM F2670-18 have been broadened to include infant bath tub
accessories, similar to the marking and labeling section of the revised
standard (paragraph 8).
III. Incorporation by Reference
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 II of this
preamble summarizes the substantive revisions in ASTM F2670-18 that the
Commission incorporates by reference into 16 CFR part 1234. The
standard is reasonably available to interested parties, and interested
parties may purchase a copy of the standard from ASTM International,
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959
USA; phone: 610-832-9585; https://www.astm.org/. A copy of the standard
can also be inspected at CPSC's Division of the Secretariat, U.S.
Consumer Product Safety Commission, Room 820, 4330 East West Highway,
Bethesda, MD 20814, telephone 301-504-7923.
IV. 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 of a sufficient number of samples by a third party
conformity assessment body accredited by the Commission to test
according to the applicable requirements. Standards for durable infant
or toddler products that are issued under section 104(b)(1)(B) of the
CPSIA are ``consumer product safety standards.'' Thus, the revised
standard for infant bath tubs is subject to the testing and
certification requirements of section 14 of the CPSA.
Because infant bath tubs 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
phthalates prohibitions in section 108 of the CPSIA, the tracking
[[Page 53374]]
label requirement in section 14(a)(5) of the CPSA, and the consumer
registration form requirements in section 104(b) of the CPSIA.
V. Notice of Requirements
In accordance with section 14(a)(3)(B)(iv) of the CPSA, the
Commission has previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies for testing
infant bath tubs (78 FR 15836 (March 12, 2013) (final rule for 16 CFR
part 1112); 82 FR 15626 (final rule for infant bath tubs updating part
1112)). The NOR provided the criteria and process for our acceptance of
accreditation of third party conformity assessment bodies for testing
infant bath tubs to 16 CFR part 1234 (which incorporated ASTM F2670-
17). The NOR is listed in the Commission's rule, ``Requirements
Pertaining to Third Party Conformity Assessment Bodies.'' 16 CFR part
1112.
Staff's analysis of the new testing requirements in ASTM F2670-18
for infant bath tub accessories concludes that such testing does not
require use of new or specialized equipment that is different than
testing equipment for ASTM F2670-17. Staff states that testing
accessories pursuant to ASTM F2670-18 requires use of existing testing
equipment and similar testing protocols that are used to test infant
bath tubs, with minor adjustments. For example, the new dynamic test
for accessories uses the same testing equipment as the static load test
already in the standard. Moreover, staff states that the revised
standard provides clear instructions and figures to describe the load
placement for accessory testing. Testing laboratories that have
previously demonstrated competence for testing in accordance with ASTM
F2670-17 will have the competence to test in accordance with the
revised standard. Therefore, the Commission will consider the existing
accreditations that CPSC has accepted for testing to ASTM F2670-17 to
also cover testing to F2670-18. In this case, the existing NOR for this
standard will remain in place, and CPSC-accepted third party conformity
assessment bodies are expected to update the scope of the testing
laboratories' accreditation to reflect the revised standard in the
normal course of renewing their accreditation. CPSC staff will notify
all CPSC-accepted labs by direct email and will provide links to the
Federal Register notice to explain the changes to the standard and the
effective date.
VI. 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.
The process set forth in section 104(b)(4)(B) of the CPSIA
specifies that when ASTM revises a standard previously incorporated by
reference by the Commission as a durable infant or toddler product
under section 104(b)(1)(b) of the CPSIA, the 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 F2670-18
to become CPSC's new standard. The purpose of this direct final rule is
merely to update the reference in the Code of Federal Regulations
(CFR), so that the CFR accurately reflects the version of the standard
that takes effect by statute. 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.
The Commission also highlights that 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
recommends that agencies use the direct final rule process when they
act under the ``unnecessary'' prong of the good cause exemption in 5
U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the
Commission is publishing this rule as a direct final rule because we do
not expect any significant adverse comments.
Unless the Commission receives a significant adverse comment within
30 days, the rule becomes effective on January 15, 2019. 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 will 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.
VII. 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 above, 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 updates the incorporation by reference
to reflect the mandatory CPSC standard that takes effect under section
104 of the CPSIA.
VIII. Paperwork Reduction Act
The infant bath tub standard contains information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The current revision to incorporate by reference a new version
of ASTM F2670 makes no changes to the information collection previously
established for infant bath tubs. Thus, the revision will not have any
effect on the information collection requirements related to the
standard.
IX. 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 direct final rule falls within the categorical
exclusion, so no environmental assessment or environmental impact
statement is required.
[[Page 53375]]
X. 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.
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.
XI. 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 issued under section 104(b) of the
CPSIA 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
has not set a different effective date. Thus, in accordance with this
provision, this rule takes effect 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 we receive a
significant adverse comment within 30 days, the rule will become
effective on January 15, 2019.
List of Subjects in 16 CFR Part 1234
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, bath tub, and Toys.
For the reasons stated above, the Commission amends Title 16 CFR
chapter II as follows:
PART 1234--SAFETY STANDARD FOR INFANT BATH TUBS
0
1. The authority citation for part 1234 continues to read as follows:
Authority: The Consumer Product Safety Improvement Act of 2008,
Pub. L. 110-314, Sec. 104, 122 Stat. 3016 (August 14, 2008); Pub.
L. 112-28, 125 Stat. 273 (August 12, 2011).
0
2. Revise Sec. 1234.2 to read as follows:
Sec. 1234.2 Requirements for infant bath tubs.
Each infant bath tub must comply with all applicable provisions of
ASTM F2670-18, Standard Consumer Safety Specification for Infant Bath
Tubs, approved on March 1, 2018. 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 Bar Harbor Drive, P.O. Box 0700, West Conshohocken,
PA 19428; https://www.astm.org/. 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 301-504-7923, 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/cfr/ibr_locations.html.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-23071 Filed 10-22-18; 8:45 am]
BILLING CODE 6355-01-P
