Safety Standard for Infant Bath Seats, 81825-81829 [2024-23211]

Download as PDF 81825 Rules and Regulations Federal Register Vol. 89, No. 196 Wednesday, October 9, 2024 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1215 [Docket No. CPSC–2009–0064] Safety Standard for Infant Bath Seats Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In September 2019, the U.S. Consumer Product Safety Commission (CPSC) published an update to the consumer product safety standard for infant bath seats under the Consumer Product Safety Improvement Act of 2008 (CPSIA). The standard incorporated by reference ASTM F1967–19, Standard Consumer Safety Specification for Infant Bath Seats, the voluntary standard for infant bath seats that was in effect at the time. ASTM has now issued a revised standard, ASTM F1967–24. The CPSIA sets forth a process for updating mandatory standards for durable infant or toddler products that are based on a voluntary standard, when a voluntary standards organization revises the standard. Consistent with the CPSIA update process, this direct final rule updates the mandatory standard to incorporate by reference ASTM’s 2024 version of the voluntary standard. DATES: The rule is effective on January 4, 2025, unless the Commission receives a significant adverse comment by November 8, 2024. If the Commission receives such a comment, it will publish a document 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 4, 2025. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: You can submit comments, identified by Docket No. CPSC–2009– 0064, by any of the following methods: ADDRESSES: VerDate Sep<11>2014 16:02 Oct 08, 2024 Jkt 265001 Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. CPSC typically does not accept comments submitted by email, except as described below. CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. Mail/Hand Delivery/Courier/ Confidential Written Submissions: Submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpsc-os@cpsc.gov. Instructions: All submissions must include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https://www.regulations.gov. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information, please submit it according to the instructions for mail/hand delivery/courier/ confidential written submissions. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, and insert the docket number, CPSC–2009–0064, into the ‘‘Search’’ box, and follow the prompts. Will Cusey, Small Business Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7945 or (888) 531–9070; email: sbo@cpsc.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background A. Statutory Authority Section 104(b)(1) of the CPSIA requires the Commission to assess the PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 effectiveness of voluntary standards for durable infant or toddler products and adopt mandatory standards for these products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be ‘‘substantially the same as’’ the voluntary standard, or it may be ‘‘more stringent than’’ the voluntary standard, if the Commission determines that more stringent requirements would further reduce the risk of injury associated with the product. Id. Section 104(b)(4)(B) of the CPSIA specifies the process for updating the Commission’s rules when a voluntary standards organization revises a standard that the Commission incorporated by reference under section 104(b)(1). First, the voluntary standards organization must notify the Commission of the revision. Once the Commission receives this notification, the Commission may reject or accept the revised standard. The Commission may reject the revised standard by notifying the voluntary standards organization, within 90 days of receiving notice of the revision, that it has determined that the revised standard does not improve the safety of the consumer product and that it is retaining the existing standard. If the Commission does not take this action to reject the revised standard, the revised voluntary standard will be considered a consumer product safety standard issued under section 9 of the Consumer Product Safety Act (CPSA; 15 U.S.C. 2058), effective 180 days after the Commission received notification of the revision or on a later date specified by the Commission in the Federal Register. 15 U.S.C. 2056a(b)(4)(B). B. Safety Standard for Infant Bath Seats Under section 104(b)(1) of the CPSIA, the Commission published a mandatory standard for infant bath seats, codified in 16 CFR part 1215, ‘‘Safety Standard for Infant Bath Seats.’’ The rule incorporated by reference the thencurrent voluntary standard, ASTM F1967–08a, Standard Consumer Safety Specification for Infant Bath Seats, with modifications to make the standard more stringent. 75 FR 31691 (June 4, 2010). ASTM F1967 applies to infant bath seats, which it describes as products used in a bath tub, sink, or similar bathing enclosure and that provide support, at a minimum, to the front and back of a seated infant during bathing by a caregiver. The mandatory E:\FR\FM\09OCR1.SGM 09OCR1 81826 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations standard includes performance requirements and test methods, as well as requirements for warning labels and instructions, to address hazards to children. The voluntary standard has been revised five times since 2010, and the Commission updated part 1215 upon each notice of revision from ASTM: 2012 (77 FR 45242 (July 31, 2012)), 2013 (78 FR 73692 (Dec. 9, 2013)), and 2019 (84 FR 49435 (Sep. 20, 2019)).1 ASTM F1967–19 is the current mandatory standard incorporated by reference in part 1215. Most recently, in July 2024, ASTM published another revision to the voluntary standard for infant bath seats, approving ASTM F1967–24. On July 8, 2024, ASTM notified CPSC of the revision. On July 18, 2024, the Commission published a notice of availability of the revised voluntary standard in the Federal Register and sought comments on the effect of the revisions. 89 FR 58303. CPSC did not receive any comments. As discussed below, based on staff’s review of ASTM F1967–24, the Commission will allow the revised voluntary standard to become the mandatory standard for infant bath seats because the revised requirements in the voluntary standard improve the safety of infant bath seats overall, and none of the revised requirements reduce safety.2 Accordingly, by operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F1967–24 will become the mandatory consumer product safety standard for infant bath seats on January 4, 2025. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates part 1215 to incorporate by reference the revised voluntary standard, ASTM F1967–24. II. Revisions to ASTM F1967 ASTM F1967–24 includes a few substantive additions and revisions, as well as clarifications and editorial revisions. khammond on DSKJM1Z7X2PROD with RULES A. Substantive and Clarifying Revisions ASTM F1967–24 contains substantive changes to testing requirements in section 7.4.1.2 that clarify the test surface used in the stability test procedure. The revisions clarify that bath seats intended to contact the bottom surface of the bath tub must be 1 In 2018 and 2019, ASTM approved two more revisions: ASTM F1967–18 and ASTM F1967–19. ASTM did not notify CPSC of the publication of the 2018 version of the voluntary standard. However, in June 2019 ASTM notified the Commission of the 2019 revision to the voluntary standard for infant bath seats, which included the changes in the 2018 version of the standard. 2 The Commission voted 5–0 to approve this notice on September 17, 2024. VerDate Sep<11>2014 16:02 Oct 08, 2024 Jkt 265001 tested on both Test Surface #1 and Test Surface #2. As defined in the voluntary standard, Test Surface #1 is any area on the bottom surface of the bath tub where safety tread strips 3 are applied; and Test Surface #2 is any area on the bottom surface of the bath tub where safety tread slips are not applied. In general, Test Surface #1 is considered the most onerous testing surface for products utilizing suction cups on the bottom surface for stability because safety tread strips make it more difficult for suction cups to adhere to the surface. ASTM F1967–19 states that the stability test must be conducted using all relevant surfaces and is not clear that all bath seats that come into contact with the bottom surface of the bath tub must be tested on both Test Surface #1 and Test Surface #2. The language in ASTM F1967–19 implies that the choice of testing surface(s) may be at the discretion of the manufacturer. For example, if the manufacturer’s use instructions for a bath seat state ‘‘only for use on smooth surfaces,’’ application of ASTM F1967–19 could be interpreted so that the bath seat should only be evaluated on Testing Surface #2. Allowing manufacturers to decide which testing surface(s) the product should be evaluated on may lead to some bath seats only being tested on the one surface on which they perform best, while ignoring how the product performs on a more onerous testing surface. Accordingly, requiring all bath seats that come into contact with the bottom surface of the bath tub to use both test surfaces will promote consistency across different test labs and improve the safety of infant bath seats. In addition, ASTM F1967–24 contains substantive changes to testing requirements in section 7.4.1.1 that relate to specifications for the test platform (i.e., the bath tub on which the infant bath seat is placed for the stability test). ASTM F1967–24 now requires the test platform to be ‘‘alcovestyle’’ and no longer requires all surfaces of the tub to be ‘‘smooth’’ or that the side ledge of the tub must have any certain uniform thickness. As indicated above, a smooth surface generally provides the most favorable testing surface for products utilizing suction cups on the bottom surface for 3 According to ASTM F1967–24, Safety Tread Strips are defined as commercially available adhesive backed safety tread strips for bath tub use that are rectangular, approximately 0.75 in. wide by 7 in. or greater in length. The corners may be filleted with a radius that does not exceed 1⁄2 the width. Safety tread strips are to be applied by the person or the lab that is performing the stability test for infant bath seats. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 stability because rough surfaces make it more difficult for suction cups to adhere to the surface. Because section 7.4.1.2 in ASTM F1967–24 clarifies that testing is necessary on both Test Surface #1 and Test Surface #2, removing ‘‘smooth’’ from the bath tub description should not impact test results. Also, ASTM F1967– 24 updates and removes certain dimension requirements of the test platform in Figure 3 and removes Figures 4 and 5, which had illustrated the side sectional views of the test platform. ASTM made these revisions because of the current unavailability of the bath tub described and specified in ASTM F1967–19. Staff’s market research identified the most common style of bath tub as an ‘‘Alcove’’ tub, meaning a rectangular tub that is intended to be surrounded by tile or similar waterproof material walls, and a textured or grit floor surface. Bath tubs currently available on the market typically have a textured or grit floor surface to provide slip resistance to the floor; ASTM members and staff report that it is challenging to find a bath tub with a smooth surface. In addition, the most common size of bath tubs available is 60 inches long by 30 inches wide. A similar overall exterior length and width could be discerned from Figure 3 in ASTM F1967–19. However, the bath tub make, and model shown in Figure 3, including the side dimensions in Figures 4 and 5 of ASTM F1967–19, is no longer available, and many of the dimensions are not relevant to testing bath seats available on the market. The revised Figure 3 dimensions in ASTM F1967–24, making clear the overall 60 x 30-inch exterior length and width, reflect current market availability and remove unnecessary dimensions from the test platform. The removal of Figures 4 and 5 in ASTM F1967–24 that display bath tub thickness dimensions is consistent with these revisions to Figure 3 and description of the test platform. However, these changes are neutral to safety because they do not impact the outcome of performance testing. The proposed dimension and description changes will still allow labs to use the bath tub described by ASTM F1967–19 for infant bath seat evaluations and will not cause any procedural or equipment changes. These changes are being implemented because the bath tub described by the standard in ASTM F1967–19 no longer exists on the market, which would prevent future labs from meeting the equipment requirements to become International Organization for Standardization (ISO) accredited and CPSC-accepted to E:\FR\FM\09OCR1.SGM 09OCR1 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations perform infant bath seat testing in accordance with part 1215. Because the changes to the test platform will not impact the testing procedure of currently approved labs and will not affect test results for bath seats currently available on the market, CPSC considers these changes to be neutral to safety. B. Non-Substantive Revisions ASTM F1967–24 also includes several minor additions and revisions that are editorial and do not alter any substantive requirements in the standard. The revised standard updates certain contact information as well as section and figure numbers to reflect revised sections and figures. ASTM also updated the Rationale section of the standard to provide explanatory information about the 2024 standard revisions. Because these revisions do not change any substantive testing or labeling requirements, they are neutral regarding the safety of infant bath seats. khammond on DSKJM1Z7X2PROD with RULES III. Incorporation by Reference Section 1215.2 of the direct final rule incorporates by reference ASTM F1967– 24. The Office of the Federal Register (OFR) has regulations regarding incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble to a final rule, ways in which the material the agency incorporates by reference is reasonably available to interested parties and how interested parties can obtain the material. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR regulations, section II of this preamble summarizes the revisions to ASTM F1967–24 that the Commission incorporates by reference into 16 CFR part 1215. The standard is reasonably available to interested parties in several ways. Until the direct final rule takes effect, a read-only copy of ASTM F1967–24 is available for viewing on ASTM’s website at: www.astm.org/ CPSC.htm. Once the rule takes effect, a read-only copy of the standard will be available for viewing on the ASTM website at: www.astm.org/ READINGLIBRARY/. Additionally, interested parties can purchase a copy of ASTM F1967–24 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; phone: (610) 832–9500; www.astm.org. Finally, interested parties can schedule an appointment to inspect a copy of the standard at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; VerDate Sep<11>2014 16:02 Oct 08, 2024 Jkt 265001 telephone: (301) 504–7479; email: cpscos@cpsc.gov. IV. Certification Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires manufacturers, including importers, of 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, to certify that the products comply 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 CPSCaccepted third party conformity assessment body accredited to test according to the applicable requirements. As noted, standards issued under section 104(b)(1)(B) of the CPSIA are ‘‘consumer product safety standards.’’ Thus, they are subject to the testing and certification requirements of section 14 of the CPSA. Because infant bath seats are children’s products, a CPSC-accepted third party conformity assessment body must test samples of the products. Products subject to part 1215 also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA; 4 the phthalates prohibitions in section 108 of the CPSIA 5 and 16 CFR part 1307; the tracking label requirements in section 14(a)(5) of the CPSA; 6 and the consumer registration form requirements in 16 CFR part 1130. ASTM F1967–24 makes no changes that would impact any of these existing requirements. V. Notice of Requirements In accordance with section 14(a)(3)(B)(vi) of the CPSA, the Commission previously published a notice of requirements (NOR) for accreditation of third party conformity assessment bodies (third party labs) for testing infant bath seats. 75 FR 31688 (June 4, 2010). The NOR provided the criteria and process for CPSC to accept accreditation of third party conformity assessment bodies for testing infant bath seats to 16 CFR part 1215. The NORs for all mandatory standards for durable infant or toddler products are listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies,’’ codified in 16 CFR part 1112. The NOR for accreditation of 4 15 U.S.C. 1278a. U.S.C. 2057c. 6 15 U.S.C. 2063(a)(5). 5 15 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 81827 third party labs for testing infant bath seats is codified at 16 CFR 1112.15(b)(2). As previously mentioned in this preamble to the direct final rule, the changes to the test platform will not change the way that third party labs test infant bath seats for compliance with the safety standard for infant bath seats. The dimension and description changes to the test platform will still allow labs to use the bath tub described by ASTM F1967–19 for infant bath seat evaluations and will not cause any procedural or equipment changes. Testing laboratories that have demonstrated competence for testing in accordance with ASTM F1967–19 will have the competence to test in accordance with the revised standard ASTM F1967–24. Therefore, the Commission considers the existing CPSC-accepted laboratories for testing to ASTM F1967–19 to be capable of testing to ASTM F1967–24 as well. Accordingly, 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. VI. Direct Final Rule Process On July 18, 2024, the Commission provided notice in the Federal Register of the 2024 revision to ASTM F1967 and requested comment on whether the revision improves the safety of infant bath seats covered by the standard. 89 FR 58303. CPSC did not receive any comments. Now, the Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA; 5 U.S.C. 551–559) generally requires agencies to provide notice of a rule and an opportunity for interested parties to comment on it, section 553 of the APA provides an exception when the agency ‘‘for good cause finds’’ that notice and comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Id. 553(b)(B). The Commission concludes that when it updates a reference to an ASTM standard that the Commission incorporated by reference under section 104(b) of the CPSIA, notice and comment are not necessary. The purpose of this direct final rule is to update the reference in the Code of Federal Regulations (CFR) so that it reflects the version of the standard that takes effect by statute. This rule updates the reference in the CFR, but under the terms of the CPSIA, ASTM F1967–24 would take effect as the new CPSC standard for infant bath seats in the absence of any action by the Commission. Thus, public comments E:\FR\FM\09OCR1.SGM 09OCR1 81828 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES would not lead to substantive changes to the standard or to the effect of the revised standard as a consumer product safety rule under section 104(b) of the CPSIA. Under these circumstances, notice and comment are unnecessary. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorses direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and that are not expected to generate significant adverse comments. See 60 FR 43108 (Aug. 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 CPSC does not expect any significant adverse comments. CPSC did not receive any adverse comments about the requirements in this update in response to the Notice of Availability published on July 18, 2024. Unless CPSC receives a significant adverse comment within 30 days of this notification, the rule will become effective on January 4, 2025. 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 that undermines ‘‘the rule’s underlying premise or approach,’’ or a showing that the rule ‘‘would be ineffective or unacceptable without change.’’ 60 FR 43108, 43111. As noted, this rule updates a reference in the CFR to reflect a change that occurs by statute. If the Commission receives a significant adverse comment, the Commission will withdraw this direct final rule. Depending on the comment 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; 5 U.S.C. 601–612) generally requires agencies to 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, 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As discussed in section VI of this preamble, the Commission has determined that further notice and the VerDate Sep<11>2014 16:02 Oct 08, 2024 Jkt 265001 opportunity to comment are unnecessary for this rule. Therefore, the RFA does not apply. CPSC also notes the limited nature of this document, which merely updates the incorporation by reference to reflect the mandatory CPSC standard that takes effect under section 104 of the CPSIA. VIII. Paperwork Reduction Act The current mandatory standard includes requirements for marking, labeling, and instructional literature that constitute a ‘‘collection of information,’’ as defined in the Paperwork Reduction Act (PRA; 44 U.S.C. 3501–3521). The Commission took the steps required by the PRA for information collections when it promulgated 16 CFR part 1215, and the marking, labeling, and instructional literature for infant bath seats are currently approved under OMB Control Number 3041–0159. The revision does not affect the information collection requirements or approval related to the standard. IX. Environmental Considerations The Commission’s regulations provide for a categorical exclusion from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. X. Preemption Section 26(a) of the CPSA provides that where a consumer product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the Federal standard. 15 U.S.C. 2075(a). Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to CPSC for an exemption from this preemption under certain circumstances. Section 104(b) of the CPSIA deems rules issued under that provision ‘‘consumer product safety standards.’’ Therefore, once a rule issued under section 104 of the CPSIA takes effect, it will preempt in accordance with section 26(a) of the CPSA. XI. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when a voluntary standards organization PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 revises a standard that the Commission adopted as a mandatory standard, the revision becomes the CPSC standard 180 days after 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. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of those actions with respect to the revised standard for infant bath seats. Therefore, ASTM F1967–24 automatically will take effect as the new mandatory standard for infant bath seats on January 4, 2025, 180 days after the Commission received notice of the revision. As a direct final rule, unless the Commission receives a significant adverse comment within 30 days of this document, the rule will become effective on January 4, 2025. XII. Congressional Review Act The Congressional Review Act (CRA; 5 U.S.C. 801–808) states that before a rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a ‘‘major rule.’’ Pursuant to the CRA, OIRA has determined that this rule does not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit the required information to each House of Congress and the Comptroller General. List of Subjects in 16 CFR Part 1215 Consumer protection, Imports, Incorporation by reference, Infants and children, Labeling, Law enforcement, Safety, Toys. For the reasons discussed in the preamble, 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: 15 U.S.C. 2056a. ■ 2. Revise § 1215.2 to read as follows: § 1215.2 seats. Requirements for infant bath Each infant bath seat must comply with all applicable provisions of ASTM F1967–24, Standard Consumer Safety Specification for Infant Bath Seats, approved June 1, 2024. The Director of E:\FR\FM\09OCR1.SGM 09OCR1 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 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. A read-only copy of the standard is available for viewing on the ASTM website at www.astm.org/READINGLIBRARY/. You may obtain a copy of this ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; telephone: (610) 832–9500; www.astm.org. You may inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479; email: cpsc-os@cpsc.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: www.archives.gov/ federal-register/cfr/ibr-locations.html. Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2024–23211 Filed 10–8–24; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSHA–2019–0001] RIN 1218–AC93 Hazard Communication Standard Occupational Safety and Health Administration (OSHA), Labor. ACTION: Final rule; correction and technical amendment. AGENCY: OSHA is correcting several inadvertent errors in its Hazard Communication Standard (HCS) which were published in the Federal Register on May 20, 2024. The agency has identified several errors in the regulatory text and appendices to the HCS which pertain to the classification of hazardous chemicals and information presented on labels and Safety Data khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Sheets (SDSs). The agency believes these errors, although minor and primarily typographical in nature, should be addressed expeditiously to avoid confusion or unnecessary costs in the regulated community due to incorporation of errors on labels and SDSs. OSHA is continuing its review of the regulatory text and will issue another correction document to address additional minor errors at a later date. DATES: October 9, 2024. FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor; telephone: (202) 693–1999; email: meilinger.francis2@dol.gov. For general and technical information: Tiffany DeFoe, Director, Office of Chemical Hazards, Metals, Directorate of Standards and Guidance, OSHA, Room N–3718, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210; email defoe.tiffany@dol.gov. SUPPLEMENTARY INFORMATION: I. Overview On May 20, 2024, OSHA published a final rule updating and revising its Hazard Communication Standard (HCS) (89 FR 44144). The final rule became effective on July 19, 2024. This document corrects several minor errors in the final rule. The errors addressed by this correction occur in § 1910.1200, paragraphs (d) and (f) of the regulatory text and in appendices A, B, and C. These corrections reflect the agency’s intent for the provisions of the final rule as explained in the preamble to the final rule. Some of these corrections are explained in the following discussion, and the table provided at the end of this section summarizes all the corrections included in this notice. Two of the corrections are to the regulatory text. First, OSHA inadvertently mis-numbered portions of paragraph (d) in the final rule, resulting in erroneous cross-references in other areas of the standard (e.g., paragraph (f)(1) and appendix D, table D.–1). As shown in OSHA’s references to paragraph (d) in the preamble to the final rule, the final economic analysis, and cross references in the regulatory 81829 text and appendix D, OSHA intended paragraphs (d)(1)(i)(A) and (d)(1)(i)(B) to be designated (d)(1)(i) and (d)(1)(ii), respectively (see, e.g., 89 FR 44278). To ensure that the regulatory text is clear and consistent with the agency’s intent, OSHA is rearranging and renumbering paragraph (d)(1) by incorporating the text currently designated as (d)(1)(ii) into (d)(1) and renumbering the provisions currently designated as (d)(1)(i)(A) and (d)(1)(i)(B) to (d)(1)(i) and (d)(1)(ii), respectively. Second, a phrase regarding transmission of labels by electronic or other technological means was inadvertently included in paragraph (f)(11). As OSHA’s discussion in the preamble of the final rule shows (89 FR 44293), the agency did not intend to include this phrase in paragraph (f)(11) and is therefore removing it. The remainder of the errors corrected in this document are in the appendices. For instance, in appendix B, the contents of table B.13.1 were inadvertently placed as table B.12.1. OSHA only intended to change table B.12.1 as described in the preamble to the final rule (89 FR 44236). Therefore, the agency is correcting the text of table B.12.1 to align with what it proposed and stated it was finalizing in the preamble. Additionally, OSHA inadvertently inserted hazard statements for aerosols instead of hazard statements for chemical under pressure in appendix C, table C.4.16. Therefore, OSHA is updating the label elements in C.4.16, Chemical Under Pressure, to conform with the GHS, Rev. 8, consistent with the agency’s discussion of its intent to add the hazard communication elements for chemical under pressure (under the aerosol hazard class) in the summary and explanation to the final rule (89 FR 44323–44324). OSHA is also removing extra slashes that were inadvertently inserted in the prevention column of that table. Correction Summary The following table contains a summary of the corrections being made to the Hazard Communication Standard. The changes are listed by the paragraph or appendix they are located in. Standard Correction or technical amendment § 1910.1200, paragraph (d)(1) ........ Change paragraph (d)(1)(i) to paragraph (d)(1) and incorporate (d)(1)(ii) into (d)(1); renumber (d)(1)(i)(A) to be (d)(1)(i) and (d)(1)(i)(B) to be (d)(1)(ii). Remove the words ‘‘either’’ and ‘‘or, with the agreement of the receiving entity, transmit the labels by electronic or other technological means’’ in the last phrase of (f)(11)(i). Dermal Category 1 value of ‘‘≤5’’ is corrected to read ‘‘≤50’’. § 1910.1200, paragraph (f)(11)(i) .... § 1910.1200, appendix A, A.1.1. § 1910.1200, appendix A.1.3.6.2.4. VerDate Sep<11>2014 16:02 Oct 08, 2024 table A, Change the symbol before the 10% in the second sentence of A.1.3.6.2.4 from ≤ (less than or equal to) to > (greater than). Jkt 265001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\09OCR1.SGM 09OCR1

Agencies

[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81825-81829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23211]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / 
Rules and Regulations

[[Page 81825]]



CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1215

[Docket No. CPSC-2009-0064]


Safety Standard for Infant Bath Seats

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: In September 2019, the U.S. Consumer Product Safety Commission 
(CPSC) published an update to the consumer product safety standard for 
infant bath seats under the Consumer Product Safety Improvement Act of 
2008 (CPSIA). The standard incorporated by reference ASTM F1967-19, 
Standard Consumer Safety Specification for Infant Bath Seats, the 
voluntary standard for infant bath seats that was in effect at the 
time. ASTM has now issued a revised standard, ASTM F1967-24. The CPSIA 
sets forth a process for updating mandatory standards for durable 
infant or toddler products that are based on a voluntary standard, when 
a voluntary standards organization revises the standard. Consistent 
with the CPSIA update process, this direct final rule updates the 
mandatory standard to incorporate by reference ASTM's 2024 version of 
the voluntary standard.

DATES: The rule is effective on January 4, 2025, unless the Commission 
receives a significant adverse comment by November 8, 2024. If the 
Commission receives such a comment, it will publish a document 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 4, 2025.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2009-
0064, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by email, except as described below. CPSC encourages 
you to submit electronic comments by using the Federal eRulemaking 
Portal.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: https://www.regulations.gov. Do not submit 
through this website: confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2009-0064, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7945 or (888) 531-9070; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory Authority

    Section 104(b)(1) of the CPSIA requires the Commission to assess 
the effectiveness of voluntary standards for durable infant or toddler 
products and adopt mandatory standards for these products. 15 U.S.C. 
2056a(b)(1). The mandatory standard must be ``substantially the same 
as'' the voluntary standard, or it may be ``more stringent than'' the 
voluntary standard, if the Commission determines that more stringent 
requirements would further reduce the risk of injury associated with 
the product. Id.
    Section 104(b)(4)(B) of the CPSIA specifies the process for 
updating the Commission's rules when a voluntary standards organization 
revises a standard that the Commission incorporated by reference under 
section 104(b)(1). First, the voluntary standards organization must 
notify the Commission of the revision. Once the Commission receives 
this notification, the Commission may reject or accept the revised 
standard. The Commission may reject the revised standard by notifying 
the voluntary standards organization, within 90 days of receiving 
notice of the revision, that it has determined that the revised 
standard does not improve the safety of the consumer product and that 
it is retaining the existing standard. If the Commission does not take 
this action to reject the revised standard, the revised voluntary 
standard will be considered a consumer product safety standard issued 
under section 9 of the Consumer Product Safety Act (CPSA; 15 U.S.C. 
2058), effective 180 days after the Commission received notification of 
the revision or on a later date specified by the Commission in the 
Federal Register. 15 U.S.C. 2056a(b)(4)(B).

B. Safety Standard for Infant Bath Seats

    Under section 104(b)(1) of the CPSIA, the Commission published a 
mandatory standard for infant bath seats, codified in 16 CFR part 1215, 
``Safety Standard for Infant Bath Seats.'' The rule incorporated by 
reference the then-current voluntary standard, ASTM F1967-08a, Standard 
Consumer Safety Specification for Infant Bath Seats, with modifications 
to make the standard more stringent. 75 FR 31691 (June 4, 2010). ASTM 
F1967 applies to infant bath seats, which it describes as products used 
in a bath tub, sink, or similar bathing enclosure and that provide 
support, at a minimum, to the front and back of a seated infant during 
bathing by a caregiver. The mandatory

[[Page 81826]]

standard includes performance requirements and test methods, as well as 
requirements for warning labels and instructions, to address hazards to 
children.
    The voluntary standard has been revised five times since 2010, and 
the Commission updated part 1215 upon each notice of revision from 
ASTM: 2012 (77 FR 45242 (July 31, 2012)), 2013 (78 FR 73692 (Dec. 9, 
2013)), and 2019 (84 FR 49435 (Sep. 20, 2019)).\1\ ASTM F1967-19 is the 
current mandatory standard incorporated by reference in part 1215.
---------------------------------------------------------------------------

    \1\ In 2018 and 2019, ASTM approved two more revisions: ASTM 
F1967-18 and ASTM F1967-19. ASTM did not notify CPSC of the 
publication of the 2018 version of the voluntary standard. However, 
in June 2019 ASTM notified the Commission of the 2019 revision to 
the voluntary standard for infant bath seats, which included the 
changes in the 2018 version of the standard.
---------------------------------------------------------------------------

    Most recently, in July 2024, ASTM published another revision to the 
voluntary standard for infant bath seats, approving ASTM F1967-24. On 
July 8, 2024, ASTM notified CPSC of the revision. On July 18, 2024, the 
Commission published a notice of availability of the revised voluntary 
standard in the Federal Register and sought comments on the effect of 
the revisions. 89 FR 58303. CPSC did not receive any comments.
    As discussed below, based on staff's review of ASTM F1967-24, the 
Commission will allow the revised voluntary standard to become the 
mandatory standard for infant bath seats because the revised 
requirements in the voluntary standard improve the safety of infant 
bath seats overall, and none of the revised requirements reduce 
safety.\2\ Accordingly, by operation of law under section 104(b)(4)(B) 
of the CPSIA, ASTM F1967-24 will become the mandatory consumer product 
safety standard for infant bath seats on January 4, 2025. 15 U.S.C. 
2056a(b)(4)(B). This direct final rule updates part 1215 to incorporate 
by reference the revised voluntary standard, ASTM F1967-24.
---------------------------------------------------------------------------

    \2\ The Commission voted 5-0 to approve this notice on September 
17, 2024.
---------------------------------------------------------------------------

II. Revisions to ASTM F1967

    ASTM F1967-24 includes a few substantive additions and revisions, 
as well as clarifications and editorial revisions.

A. Substantive and Clarifying Revisions

    ASTM F1967-24 contains substantive changes to testing requirements 
in section 7.4.1.2 that clarify the test surface used in the stability 
test procedure. The revisions clarify that bath seats intended to 
contact the bottom surface of the bath tub must be tested on both Test 
Surface #1 and Test Surface #2. As defined in the voluntary standard, 
Test Surface #1 is any area on the bottom surface of the bath tub where 
safety tread strips \3\ are applied; and Test Surface #2 is any area on 
the bottom surface of the bath tub where safety tread slips are not 
applied. In general, Test Surface #1 is considered the most onerous 
testing surface for products utilizing suction cups on the bottom 
surface for stability because safety tread strips make it more 
difficult for suction cups to adhere to the surface.
---------------------------------------------------------------------------

    \3\ According to ASTM F1967-24, Safety Tread Strips are defined 
as commercially available adhesive backed safety tread strips for 
bath tub use that are rectangular, approximately 0.75 in. wide by 7 
in. or greater in length. The corners may be filleted with a radius 
that does not exceed \1/2\ the width. Safety tread strips are to be 
applied by the person or the lab that is performing the stability 
test for infant bath seats.
---------------------------------------------------------------------------

    ASTM F1967-19 states that the stability test must be conducted 
using all relevant surfaces and is not clear that all bath seats that 
come into contact with the bottom surface of the bath tub must be 
tested on both Test Surface #1 and Test Surface #2. The language in 
ASTM F1967-19 implies that the choice of testing surface(s) may be at 
the discretion of the manufacturer. For example, if the manufacturer's 
use instructions for a bath seat state ``only for use on smooth 
surfaces,'' application of ASTM F1967-19 could be interpreted so that 
the bath seat should only be evaluated on Testing Surface #2. Allowing 
manufacturers to decide which testing surface(s) the product should be 
evaluated on may lead to some bath seats only being tested on the one 
surface on which they perform best, while ignoring how the product 
performs on a more onerous testing surface. Accordingly, requiring all 
bath seats that come into contact with the bottom surface of the bath 
tub to use both test surfaces will promote consistency across different 
test labs and improve the safety of infant bath seats.
    In addition, ASTM F1967-24 contains substantive changes to testing 
requirements in section 7.4.1.1 that relate to specifications for the 
test platform (i.e., the bath tub on which the infant bath seat is 
placed for the stability test). ASTM F1967-24 now requires the test 
platform to be ``alcove-style'' and no longer requires all surfaces of 
the tub to be ``smooth'' or that the side ledge of the tub must have 
any certain uniform thickness. As indicated above, a smooth surface 
generally provides the most favorable testing surface for products 
utilizing suction cups on the bottom surface for stability because 
rough surfaces make it more difficult for suction cups to adhere to the 
surface. Because section 7.4.1.2 in ASTM F1967-24 clarifies that 
testing is necessary on both Test Surface #1 and Test Surface #2, 
removing ``smooth'' from the bath tub description should not impact 
test results. Also, ASTM F1967-24 updates and removes certain dimension 
requirements of the test platform in Figure 3 and removes Figures 4 and 
5, which had illustrated the side sectional views of the test platform.
    ASTM made these revisions because of the current unavailability of 
the bath tub described and specified in ASTM F1967-19. Staff's market 
research identified the most common style of bath tub as an ``Alcove'' 
tub, meaning a rectangular tub that is intended to be surrounded by 
tile or similar waterproof material walls, and a textured or grit floor 
surface. Bath tubs currently available on the market typically have a 
textured or grit floor surface to provide slip resistance to the floor; 
ASTM members and staff report that it is challenging to find a bath tub 
with a smooth surface. In addition, the most common size of bath tubs 
available is 60 inches long by 30 inches wide. A similar overall 
exterior length and width could be discerned from Figure 3 in ASTM 
F1967-19. However, the bath tub make, and model shown in Figure 3, 
including the side dimensions in Figures 4 and 5 of ASTM F1967-19, is 
no longer available, and many of the dimensions are not relevant to 
testing bath seats available on the market. The revised Figure 3 
dimensions in ASTM F1967-24, making clear the overall 60 x 30-inch 
exterior length and width, reflect current market availability and 
remove unnecessary dimensions from the test platform. The removal of 
Figures 4 and 5 in ASTM F1967-24 that display bath tub thickness 
dimensions is consistent with these revisions to Figure 3 and 
description of the test platform. However, these changes are neutral to 
safety because they do not impact the outcome of performance testing.
    The proposed dimension and description changes will still allow 
labs to use the bath tub described by ASTM F1967-19 for infant bath 
seat evaluations and will not cause any procedural or equipment 
changes. These changes are being implemented because the bath tub 
described by the standard in ASTM F1967-19 no longer exists on the 
market, which would prevent future labs from meeting the equipment 
requirements to become International Organization for Standardization 
(ISO) accredited and CPSC-accepted to

[[Page 81827]]

perform infant bath seat testing in accordance with part 1215. Because 
the changes to the test platform will not impact the testing procedure 
of currently approved labs and will not affect test results for bath 
seats currently available on the market, CPSC considers these changes 
to be neutral to safety.

B. Non-Substantive Revisions

    ASTM F1967-24 also includes several minor additions and revisions 
that are editorial and do not alter any substantive requirements in the 
standard. The revised standard updates certain contact information as 
well as section and figure numbers to reflect revised sections and 
figures. ASTM also updated the Rationale section of the standard to 
provide explanatory information about the 2024 standard revisions. 
Because these revisions do not change any substantive testing or 
labeling requirements, they are neutral regarding the safety of infant 
bath seats.

III. Incorporation by Reference

    Section 1215.2 of the direct final rule incorporates by reference 
ASTM F1967-24. The Office of the Federal Register (OFR) has regulations 
regarding incorporation by reference. 1 CFR part 51. Under these 
regulations, agencies must discuss, in the preamble to a final rule, 
ways in which the material the agency incorporates by reference is 
reasonably available to interested parties and how interested parties 
can obtain the material. In addition, the preamble to the final rule 
must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR regulations, section II of this preamble 
summarizes the revisions to ASTM F1967-24 that the Commission 
incorporates by reference into 16 CFR part 1215. The standard is 
reasonably available to interested parties in several ways. Until the 
direct final rule takes effect, a read-only copy of ASTM F1967-24 is 
available for viewing on ASTM's website at: www.astm.org/CPSC.htm. Once 
the rule takes effect, a read-only copy of the standard will be 
available for viewing on the ASTM website at: www.astm.org/READINGLIBRARY/. Additionally, interested parties can purchase a copy 
of ASTM F1967-24 from ASTM International, 100 Barr Harbor Drive, P.O. 
Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9500; 
www.astm.org. Finally, interested parties can schedule an appointment 
to inspect a copy of the standard at CPSC's Office of the Secretary, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479; email: [email protected].

IV. Certification

    Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires 
manufacturers, including importers, of 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, 
to certify that the products comply 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 
CPSC-accepted third party conformity assessment body accredited to test 
according to the applicable requirements. As noted, standards issued 
under section 104(b)(1)(B) of the CPSIA are ``consumer product safety 
standards.'' Thus, they are subject to the testing and certification 
requirements of section 14 of the CPSA.
    Because infant bath seats are children's products, a CPSC-accepted 
third party conformity assessment body must test samples of the 
products. Products subject to part 1215 also must comply with all other 
applicable CPSC requirements, such as the lead content requirements in 
section 101 of the CPSIA; \4\ the phthalates prohibitions in section 
108 of the CPSIA \5\ and 16 CFR part 1307; the tracking label 
requirements in section 14(a)(5) of the CPSA; \6\ and the consumer 
registration form requirements in 16 CFR part 1130. ASTM F1967-24 makes 
no changes that would impact any of these existing requirements.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 1278a.
    \5\ 15 U.S.C. 2057c.
    \6\ 15 U.S.C. 2063(a)(5).
---------------------------------------------------------------------------

V. Notice of Requirements

    In accordance with section 14(a)(3)(B)(vi) of the CPSA, the 
Commission previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies (third party 
labs) for testing infant bath seats. 75 FR 31688 (June 4, 2010). The 
NOR provided the criteria and process for CPSC to accept accreditation 
of third party conformity assessment bodies for testing infant bath 
seats to 16 CFR part 1215. The NORs for all mandatory standards for 
durable infant or toddler products are listed in the Commission's rule, 
``Requirements Pertaining to Third Party Conformity Assessment 
Bodies,'' codified in 16 CFR part 1112. The NOR for accreditation of 
third party labs for testing infant bath seats is codified at 16 CFR 
1112.15(b)(2).
    As previously mentioned in this preamble to the direct final rule, 
the changes to the test platform will not change the way that third 
party labs test infant bath seats for compliance with the safety 
standard for infant bath seats. The dimension and description changes 
to the test platform will still allow labs to use the bath tub 
described by ASTM F1967-19 for infant bath seat evaluations and will 
not cause any procedural or equipment changes. Testing laboratories 
that have demonstrated competence for testing in accordance with ASTM 
F1967-19 will have the competence to test in accordance with the 
revised standard ASTM F1967-24. Therefore, the Commission considers the 
existing CPSC-accepted laboratories for testing to ASTM F1967-19 to be 
capable of testing to ASTM F1967-24 as well. Accordingly, 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.

VI. Direct Final Rule Process

    On July 18, 2024, the Commission provided notice in the Federal 
Register of the 2024 revision to ASTM F1967 and requested comment on 
whether the revision improves the safety of infant bath seats covered 
by the standard. 89 FR 58303. CPSC did not receive any comments. Now, 
the Commission is issuing this rule as a direct final rule. Although 
the Administrative Procedure Act (APA; 5 U.S.C. 551-559) generally 
requires agencies to provide notice of a rule and an opportunity for 
interested parties to comment on it, section 553 of the APA provides an 
exception when the agency ``for good cause finds'' that notice and 
comment are ``impracticable, unnecessary, or contrary to the public 
interest.'' Id. 553(b)(B). The Commission concludes that when it 
updates a reference to an ASTM standard that the Commission 
incorporated by reference under section 104(b) of the CPSIA, notice and 
comment are not necessary.
    The purpose of this direct final rule is to update the reference in 
the Code of Federal Regulations (CFR) so that it reflects the version 
of the standard that takes effect by statute. This rule updates the 
reference in the CFR, but under the terms of the CPSIA, ASTM F1967-24 
would take effect as the new CPSC standard for infant bath seats in the 
absence of any action by the Commission. Thus, public comments

[[Page 81828]]

would not lead to substantive changes to the standard or to the effect 
of the revised standard as a consumer product safety rule under section 
104(b) of the CPSIA. Under these circumstances, notice and comment are 
unnecessary.
    In Recommendation 95-4, the Administrative Conference of the United 
States (ACUS) endorses direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and that are not 
expected to generate significant adverse comments. See 60 FR 43108 
(Aug. 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 CPSC does not expect any significant adverse 
comments. CPSC did not receive any adverse comments about the 
requirements in this update in response to the Notice of Availability 
published on July 18, 2024.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, the rule will become effective on January 4, 
2025. 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 
that undermines ``the rule's underlying premise or approach,'' or a 
showing that the rule ``would be ineffective or unacceptable without 
change.'' 60 FR 43108, 43111. As noted, this rule updates a reference 
in the CFR to reflect a change that occurs by statute.
    If the Commission receives a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comment 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; 5 U.S.C. 601-612) generally 
requires agencies to 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, 
604. The RFA applies to any rule that is subject to notice and comment 
procedures under section 553 of the APA. Id. As discussed in section VI 
of this preamble, the Commission has determined that further notice and 
the opportunity to comment are unnecessary for this rule. Therefore, 
the RFA does not apply. CPSC also notes the limited nature of this 
document, which merely updates the incorporation by reference to 
reflect the mandatory CPSC standard that takes effect under section 104 
of the CPSIA.

VIII. Paperwork Reduction Act

    The current mandatory standard includes requirements for marking, 
labeling, and instructional literature that constitute a ``collection 
of information,'' as defined in the Paperwork Reduction Act (PRA; 44 
U.S.C. 3501-3521). The Commission took the steps required by the PRA 
for information collections when it promulgated 16 CFR part 1215, and 
the marking, labeling, and instructional literature for infant bath 
seats are currently approved under OMB Control Number 3041-0159. The 
revision does not affect the information collection requirements or 
approval related to the standard.

IX. Environmental Considerations

    The Commission's regulations provide for a categorical exclusion 
from any requirement to prepare an environmental assessment or an 
environmental impact statement where they ``have little or no potential 
for affecting the human environment.'' 16 CFR 1021.5(c). This rule 
falls within the categorical exclusion, so no environmental assessment 
or environmental impact statement is required.

X. Preemption

    Section 26(a) of the CPSA provides that where a consumer product 
safety standard is in effect and applies to a product, no state or 
political subdivision of a state may either establish or continue in 
effect a requirement dealing with the same risk of injury unless the 
state requirement is identical to the Federal standard. 15 U.S.C. 
2075(a). Section 26(c) of the CPSA also provides that states or 
political subdivisions of states may apply to CPSC for an exemption 
from this preemption under certain circumstances. Section 104(b) of the 
CPSIA deems rules issued under that provision ``consumer product safety 
standards.'' Therefore, once a rule issued under section 104 of the 
CPSIA takes effect, it will preempt in accordance with section 26(a) of 
the CPSA.

XI. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standards organization revises a standard that the 
Commission adopted as a mandatory standard, the revision becomes the 
CPSC standard 180 days after 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. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of 
those actions with respect to the revised standard for infant bath 
seats. Therefore, ASTM F1967-24 automatically will take effect as the 
new mandatory standard for infant bath seats on January 4, 2025, 180 
days after the Commission received notice of the revision. As a direct 
final rule, unless the Commission receives a significant adverse 
comment within 30 days of this document, the rule will become effective 
on January 4, 2025.

XII. Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission 
must indicate whether the rule is a ``major rule.'' The CRA states that 
the Office of Information and Regulatory Affairs (OIRA) determines 
whether a rule qualifies as a ``major rule.''
    Pursuant to the CRA, OIRA has determined that this rule does not 
qualify as a ``major rule,'' as defined in 5 U.S.C. 804(2). To comply 
with the CRA, CPSC will submit the required information to each House 
of Congress and the Comptroller General.

List of Subjects in 16 CFR Part 1215

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Labeling, Law enforcement, Safety, Toys.

    For the reasons discussed in the preamble, 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:  15 U.S.C. 2056a.


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


Sec.  1215.2  Requirements for infant bath seats.

    Each infant bath seat must comply with all applicable provisions of 
ASTM F1967-24, Standard Consumer Safety Specification for Infant Bath 
Seats, approved June 1, 2024. The Director of

[[Page 81829]]

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. A 
read-only copy of the standard is available for viewing on the ASTM 
website at www.astm.org/READINGLIBRARY/. You may obtain a copy of this 
ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-9500; 
www.astm.org. You may inspect a copy at the Office of the Secretary, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479; email: [email protected]; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-23211 Filed 10-8-24; 8:45 am]
BILLING CODE 6355-01-P
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