Revisions to Safety Standard for Infant Bath Seats
| Citation | 84 FR 49435 |
| Record Number | 2019-19965 |
| Published date | 20 September 2019 |
| Section | Rules and Regulations |
| Court | Consumer Product Safety Commission |
Federal Register, Volume 84 Issue 183 (Friday, September 20, 2019)
[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Rules and Regulations]
[Pages 49435-49439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19965]
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Rules and Regulations
Federal Register
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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.
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 /
Rules and Regulations
[[Page 49435]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1215
[Docket No. CPSC-2009-0064]
Revisions to Safety Standard for Infant Bath Seats
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In December 2013, the U.S. Consumer Product Safety Commission
(CPSC) published an update to the consumer product safety standard for
infant bath seats. The standard incorporated by reference the
applicable ASTM voluntary standard. ASTM has since published two
revised versions of the voluntary standard for infant bath seats. We
are publishing this direct final rule revising the CPSC's mandatory
standard for infant bath seats to incorporate by reference, the most
recent version of the applicable ASTM standard.
DATES: The rule is effective on December 22, 2019, unless we receive
significant adverse comment by October 21, 2019. 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 December 22, 2019.
ADDRESSES: You may 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. The CPSC does not accept comments
submitted by electronic mail (email), except through
www.regulations.gov. The CPSC encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions in the following
way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions), preferably in five copies, 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 proposed rulemaking. 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 that you do not want to be available to the public. If
furnished at all, such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to: www.regulations.gov, and insert the docket
number, CPSC-2009-0064, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer,
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone:
301-504-6820; email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
1. Statutory Authority
Section 104(b)(1)(B) of the Consumer Product Safety Improvement Act
(CPSIA), also known as the Danny Keysar Child Product Safety
Notification Act, requires the Commission to promulgate consumer
product safety standards for durable infant or toddler products. The
law requires these standards to be ``substantially the same as''
applicable voluntary standards or more stringent than the voluntary
standards if the Commission concludes that more stringent requirements
would further reduce the risk of injury associated with the product.
The CPSIA also sets forth a process for updating CPSC's durable
infant or toddler standards when the voluntary standard, upon which the
CPSC standard was based, is changed. Section 104(b)(4)(B) of the CPSIA
provides that if an organization revises a standard that has been
adopted, in whole or in part, as a consumer product safety standard
under this subsection, it shall notify the Commission. In addition, the
revised voluntary standard shall be considered to be a consumer product
safety standard issued by the Commission under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after
the date on which the organization notifies the Commission (or such
later date specified by the Commission in the Federal Register) unless,
within 90 days after receiving that notice, the Commission notifies the
organization that it has determined that the proposed revision does not
improve the safety of the consumer product covered by the standard and
that the Commission is retaining the existing consumer product safety
standard.
2. The Infant Bath Seats Standard
On June 4, 2010, the Commission published a final rule issuing a
standard for infant bath seats that incorporated by reference the
standard in effect at that time, ASTM F1967-08a, Standard Consumer
Specification for Infant Bath Seats, with certain modifications to make
the standard more stringent. 75 FR 31691. The standard was codified in
the Commission's regulations at 16 CFR part 1215. The ASTM standard has
been revised twice since the rule issued, with the Commission
incorporating by reference, ASTM F1967-11a (77 FR 45242, Jul. 31,
2012), and ASTM F1967-13 (78 FR 73692, Dec. 9, 2013), respectively.
Since December 2013, when the CPSC incorporated by reference ASTM
F1967-13 as the mandatory standard for infant bath seats, ASTM
published two additional revisions to the standard. On June 25, 2019,
ASTM notified the Commission that it has revised ASTM's standard for
infant bath seats. The current ASTM standard is ASTM F1967-19, Standard
Consumer Safety Specification for Infant Bath Seats, approved May 1,
2019. The CPSC reviewed the changes between the current CPSC standard,
16 CFR part
[[Page 49436]]
1215 and the two revisions to the standard (ASTM F1967-18 and ASTM
F1967-19) since ASTM F1967-13 became mandatory. ASTM did not notify
CPSC of the publication of the 2018 version of the standard because
ASTM was considering making additional changes in 2019. Consequently,
ASTM notified CPSC of the 2019 revision to the standard, which included
the changes in the 2018 version of the standard.
B. Revisions to the ASTM Standard
The ASTM standard for infant bath seats establishes performance
requirements, test methods, and labeling requirements to address
hazards to children associated with infant bath seats, including
stability, restraints, suction cups, latching and locking mechanisms,
and resistance to collapse. Products commonly referred to as bath rings
also are included in the scope of this specification. Traditional
infant bath tubs that are used to bathe an infant are not within the
scope of this standard.
Under section 104(b)(4)(B) of the CPSIA, unless the Commission
determines that ASTM's revision to a voluntary standard that is a CPSC
mandatory standard ``does not improve the safety of the consumer
product covered by the standard,'' the revised voluntary standard
becomes the new mandatory standard. As discussed below, the Commission
determines that the changes made in ASTM F1967-19 will either improve
the safety of infant bath seats or are neutral with respect to safety.
Therefore, the Commission will allow the revised voluntary standard to
become effective as a mandatory consumer product safety standard under
the statute, effective December 22, 2019.
There are several differences between the current CPSC standard 16
CFR part 1215 (ASTM F1967-13) and the two subsequent revisions to the
standard (ASTM F1967-18 and ASTM F1967-19). We summarize the
differences and the CPSC's assessment of the revisions below.
1. Differences Between 16 CFR Part 1215 and ASTM F1967-18
The major revisions made in ASTM F1967--18 are summarized below.
ASTM F1967-18 includes several changes that improve safety by
clarifying testing. ASTM also made several editorial changes, such as
spacing, formatting, re-ordering, and renumbering, which do not change
the safety of the infant bath seats.
a. Scope
The 2018 version of the ASTM standard adds language (Section 1.5),
which ASTM intends to add to all of its standards, stating that ASTM
developed the standard in accordance with principles recognized by the
World Trade Organization. We conclude that adding this text does not
change the safety of infant bath seats.
b. Terminology
The 2018 revision to the standard adds four new definitions to
address changes the ASTM subcommittee made to achieve consistency
across juvenile product safety standards, including defining the terms
``conspicuous,'' ``double action release system,'' ``installation
components,'' and ``protective component.'' Of these new terms, the
definition of ``double action release system'' is significant because
it clarifies the actions and the sequence necessary for a release
mechanism to be considered a double action release mechanism.
Accordingly, we determine that this new definition improves the safety
of infant bath seats. The other new definitions are neutral to the
safety of infant bath seats.
c. General Requirements
Section 5 General Requirements contains a number of minor editorial
adjustments. The Commission considers these changes to be neutral to
the safety of infant bath seats. ASTM also added section 5.10, to
state: ``Infant bath seats must comply with applicable requirements of
the Consumer Product Safety Improvement Act.'' The purpose of this
statement is to alert potential manufacturers to CPSIA requirements. We
consider this statement to be neutral to the safety of infant bath
seats because the product must comply with CPSIA, regardless of this
requirement in the standard.
d. Performance Requirements
Section 6.1 Stability moves wording from an explanatory note into
the enforceable performance requirement. Specifically, Section 6.1.2.3
states: ``If the product would continue to tip over under the
application of force, but it is prevented from doing so by the test
platform interior side walls, it shall be considered a tip over.'' With
this change to the stability performance requirement, certain types of
contact to the tub fixture test platform are clearly identified as
failures. This change will reduce ambiguity in testing to the standard
and will lead to more consistent testing. We consider the reduced
ambiguity for testing to be an improvement to safety because the
revised language will clarify what constitutes a failure when
conducting the testing.
The other changes to the performance requirements in section 6 are
editorial in nature: The changes separate the stability requirements
and present a succinct modified decimal numbering system, as opposed to
paragraph form. We consider these editorial changes to be neutral to
the safety of infant bath seats.
e. Test Methods
i. Section 7.1 Latching and Locking Mechanism Tests
Two different latching and locking test procedures (Section 7.1.1.1
and 7.1.2.1), in the 2018 version of the standard reference a new test
surface. The new ``Test Surface #3'' is defined as: ``(a)ny area on the
side(s) of the test platform (for example, inside surface, outside
surface, and top ledge), where safety tread strips are not applied.''
Therefore, new products that are restrained by the sides of the tub can
now be installed and tested according to the manufacturer's
instructions by using Test Surface #3. The changes regarding the
definition of a new test surface reduce ambiguity in the standard and
will lead to more consistent testing. We expect that an increase in
testing consistency will improve the safety of bath seats.
ii. Section 7.4 Stability Test
The 2018 ASTM standard made four changes to Section 7.4 Stability
Test:
The new tub fixture test platform figures correct
dimensioning errors, add a cross-section drawing, define more clearly
the location of the cross-sections, and add new dimensions to specify
accurately the physical tub detailed in ASTM F1967-18 Footnote #5.
Adding the two new cross-section drawings in this section required the
rest of the figures in the standard to be renumbered accordingly. These
revised fixtures correct errors and increase accuracy and clarity,
which we expect will improve the safety of infant bath seats.
The 2018 version of the ASTM standard adds a requirement
for a new test surface and modifies the two existing test surfaces. The
2013 version required testing on only two surfaces, and those two
surfaces had to be ``. . . within the 24 in. (60.0 cm) length of
uniform tub side ledge thickness . . . .'' The restrictive test surface
definitions and the lack of a test surface on the side and end walls of
the tub fixture test platform created a conflict between the test
procedures and the manufacturer's installation instructions. New
products
[[Page 49437]]
on the market engage with the side and end walls as part of the new
products' retention system. To reduce potential sources of test-to-test
and laboratory-to-laboratory variation, the ASTM subcommittee decided
to add Test Surface #3, which addresses tub fixture test platform's
sides and end walls as a new test surface in Section 7.4.1.2.3. The new
language broadens the test procedures and allows for new designs of
bath seats to be installed according to the manufacturer's
instructions. These changes reduce ambiguity in the standard and lead
to more consistent testing. We expect the reduced ambiguity and
increased consistency will improve the safety of infant bath seats.
Section 7.4.3.8 states that the 17.0 lbf applied force
shall be perpendicular to the test bar. The 2013 revision stated that
the force shall be horizontal. During the stability test, many products
deflect elastically, while remaining in the initial manufacturer's
recommended-use position. As a product deflects elastically, the test
bar rotates in the direction of the applied force. If the test bar
rotates, but the applied force remains horizontal, then the angle
between the test bar and the applied force changes, reducing the torque
applied to the sample. In contrast, the 2018 version states that the
applied force must be perpendicular to the test bar, causing the
applied torque to remain nominally consistent as the product deflects
elastically. We conclude that a test that applies a consistent torque
is a more stringent test, and therefore, this change improves the
safety of infant bath seats.
ASTM F1967-13 provides a formula for the baby wash
solution that is used in testing, and states the contact information
for a specific manufacturer of the solution. However, the company
listed is no longer in business. ASTM F1967-18 lists two name-brand
baby wash products readily available for purchase. We consider this
change neutral to the safety of infant bath seats.
iii. Section 7.5 Static Load Test
The 2018 ASTM standard also changed the static load test in section
7.5, to reflect the new Test Surface #3. This change allows new types
of products that are intended to be restrained by the sides of the tub,
to be installed according to the manufacturer's instructions. Adding a
new test surface reduces ambiguity in the standard and leads to more
consistent testing. We consider the reduced ambiguity and increased
consistency to improve the safety of infant bath seats.
The second change to Section 7.5.5 requires that a product be
tested ``. . . in all other manufacturer's recommended use positions.''
The revised language improves safety by requiring products be tested in
all manufacturer's use positions, not just in one position. Typically,
laboratories conduct testing in one position, usually what the
laboratory considers to be the most onerous position. This can lead to
different results from different laboratories. Adding the statement
that testing should be ``. . . in all other manufacturer's recommended
use positions'' will improve test-to-test and laboratory-to-laboratory
repeatability. We consider the reduced ambiguity and increased
consistency to improve safety.
iv. Section 7.6 Suction Cup Tests
The suction cup test methods in section 7.6 also include the new
Test Surface #3 and require testing of the product ``. . . in all other
manufacturer's recommended use positions.'' As noted, testing ``in all
other manufacturer's recommended use positons'' removes the possibility
of different laboratories getting different testing results because of
ambiguity. Reduced ambiguity leads to improving test-to-test and
laboratory-to-laboratory repeatability, resulting in more consistent,
testing which improves testing accuracy. We consider the reduced
ambiguity and increased consistency to improve safety.
f. Marking and Labeling
Revisions to section 8 in the 2018 standard, regarding Marking and
Labeling, include changes to the formatting and presentation of the
warnings. These revisions result from major changes ASTM initiated for
juvenile products. After publishing the 2013 version of the standard,
ASTM convened a task group, ASTM Ad Hoc Wording Task Group (Ad Hoc TG),
consisting of members of the various durable nursery products voluntary
standards committees, including CPSC staff. The purpose of the Ad Hoc
TG is to harmonize the wording, as well as the warning format, across
durable infant and toddler product voluntary standards. Ad Hoc TG
recommendations were published as a reference document, titled, ``Ad
Hoc Wording--May 4, 2016,'' as part of the F15 Committee Documents.
In addition to the formatting changes, the warning statement
required by the 2018 ASTM standard includes a personalized warning
using the words: ``Stay in arms' reach of your baby,'' as opposed to:
``ALWAYS keep baby within adult's reach.'' Research suggests that
personalizing warnings and instructions increase compliance.
The revisions in ASTM F1967--18 incorporate the Ad Hoc Wording
recommendations. Accordingly, we consider adopting the Ad Hoc Wording
reference document recommendations and the more personal messaging as
improvements to safety because they provide noticeable, personalized,
and consistent warning labels on infant bath seats.
g. Instructional Literature
The requirements for Instructional Literature in section 9 of ASTM
F1967-18 are expanded to include infant bath seat labeling requirements
similar to the marking and labeling section of the standard. Staff
considers these changes to improve the safety of bath seats because
they provide noticeable, personalized, and consistent instructional
literature.
2. Differences Between 16 CFR Part 1215 and ASTM F1967-19
ASTM F1967-19 revises two sections of the standard. The first, a
change to section 7.5.1, allows the static load tests to be conducted
on any of the three test surfaces, rather than specify a particular
test surface. The second update removes Footnote #6 from the ASTM
standard. The standard already covers the same topic in Section
7.4.1.2, and the footnote was incomplete and confusing. Both changes
are neutral to the safety of bath seats.
C. 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 B of this
preamble summarizes the major provisions of the ASTM F1967-19 standard
that the Commission incorporates by reference into 16 CFR part 1215.
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, P.O. Box C700, West Conshohocken,
PA 19428-2959 USA; phone: 610-832-9585; www.astm.org. A copy of the
standard can also be inspected at CPSC's Division of the Secretariat,
U.S. Consumer Product
[[Page 49438]]
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD
20814, telephone 301-504-7923.
D. The Congressional Review Act
The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule may take effect, the agency issuing the rule must submit
the rule, and certain related information, to each House of Congress
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (OIRA) determines whether
a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA
designated this rule as not a ``major rule,'' as defined in 5 U.S.C.
804(2). In addition, to comply with the CRA, the Office of the General
Counsel will submit the required information to each House of Congress
and the Comptroller General.
E. Certification
Section 14(a) of the CPSA requires that products subject to a
consumer product safety rule under the CPSA, or to a similar rule, ban,
standard, or regulation under any other act enforced by the Commission,
be certified as complying with all applicable CPSC requirements. 15
U.S.C. 2063(a). Such certification must be based on a test of each
product, or on a reasonable testing program, or, for children's
products, on tests on a sufficient number of samples by a third party
conformity assessment body accredited by the Commission to test
according to the applicable requirements. As noted, standards issued
under section 104(b)(1)(B) of the CPSIA are ``consumer product safety
standards.'' Thus, they are subject to the testing and certification
requirements of section 14 of the CPSA.
Because infant bath seats are children's products, samples of these
products must be tested by a third party conformity assessment body
whose accreditation has been accepted by the Commission. These products
also must comply with all other applicable CPSC requirements, such as
the lead content requirements in section 101 of the CPSIA, the tracking
label requirement in section 14(a)(5) of the CPSA, and the consumer
registration form requirements in section 104(d) of the CPSIA.
F. Notice of Requirements
In accordance with section 14(a)(3)(B)(iv) of the CPSIA, the
Commission has previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies for testing
infant bath seats (75 FR 31688, September 4, 2010). The NOR provided
the criteria and process for our acceptance of accreditation of third
party conformity assessment bodies for testing infant bath seats to 16
CFR part 1215. The NORs for all mandatory standards for durable infant
or toddler products are listed in the Commission's rule, ``Requirements
Pertaining to Third Party Conformity Assessment Bodies,'' codified at
16 CFR part 1112.
CPSC staff from the Directorate for Laboratory Sciences, Division
of Mechanical Engineering, analyzed testing revisions to the infant
bath seat standard and found that the revised tests use existing
equipment and similar testing protocols. Testing laboratories that have
demonstrated competence for testing in accordance with ASTM F1967-13
will have the competence to test in accordance with the revised
standard ASTM F1967-19. Therefore, the Commission considers the
existing CPSC-accepted laboratories for testing to ASTM F1967-13 to be
capable of testing to ASTM F1967-19 as well. Therefore, the Commission
considers the existing accreditations that the Commission has accepted
for testing to this standard also to cover testing to the revised
standard. 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.
G. Direct Final Rule Process
The Commission is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA) generally requires
notice and comment rulemaking, section 553 of the APA provides an
exception when the agency, for good cause, finds that notice and public
procedure are ``impracticable, unnecessary, or contrary to the public
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the
Commission updates a reference to an ASTM standard that the Commission
has incorporated by reference under section 104(b) of the CPSIA, notice
and comment is not necessary.
Under the process set out in section 104(b)(4)(B) of the CPSIA,
when ASTM revises a standard that the Commission has previously
incorporated by reference as a Commission standard for a durable infant
or toddler product under section 104(b)(1)(b) of the CPSIA, that
revision will become the new CPSC standard, unless the Commission
determines that ASTM's revision does not improve the safety of the
product. Thus, unless the Commission makes such a determination, the
ASTM revision becomes CPSC's standard by operation of law. The
Commission is allowing ASTM F1967-19 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 so that it reflects accurately 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. In Recommendation 95-4, the Administrative
Conference of the United States (ACUS) endorsed direct final rulemaking
as an appropriate procedure to expedite promulgating rules that are
noncontroversial and that are not expected to generate significant
adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended
that agencies use the direct final rule process when they act under the
``unnecessary'' prong of the good cause exemption in 5 U.S.C.
553(b)(B). Consistent with the ACUS recommendation, the Commission is
publishing this rule as a direct final rule because we do not expect
any significant adverse comments.
Unless we receive a significant adverse comment within 30 days, the
rule will become effective on December 22, 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 would withdraw this direct final rule. Depending on the
comments and other circumstances, the Commission may then incorporate
the adverse comment into a subsequent direct final rule or publish a
notice of proposed rulemaking, providing an opportunity for public
comment.
H. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires that
agencies review proposed and final rules for their potential economic
impact on small entities, including small businesses, and prepare
regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies
to any rule that is subject to notice and
[[Page 49439]]
comment procedures under section 553 of the APA. Id. As explained, the
Commission has determined that notice and comment are not necessary for
this direct final rule. Thus, the RFA does not apply. We also note the
limited nature of this document, which updates the incorporation by
reference to reflect the mandatory CPSC standard that takes effect
under section 104 of the CPSIA.
I. Paperwork Reduction Act
The standard for infant bath seats contains information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The revisions made no changes to that section of the standard.
Thus, the revisions will not have any effect on the information
collection requirements related to the standard.
J. Environmental Considerations
The Commission's regulations provide a categorical exclusion for
the Commission's rules from any requirement to prepare an environmental
assessment or an environmental impact statement because they ``have
little or no potential for affecting the human environment.'' 16 CFR
1021.5(c)(2). This rule falls within the categorical exclusion, so no
environmental assessment or environmental impact statement is required.
K. Preemption
Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a
consumer product safety standard is in effect and applies to a product,
no state or political subdivision of a state may either establish or
continue in effect a requirement dealing with the same risk of injury
unless the state requirement is identical to the federal standard.
Section 26(c) of the CPSA also provides that states or political
subdivisions of states may apply to the CPSC for an exemption from this
preemption under certain circumstances. Section 104(b) of the CPSIA
refers to the rules to be issued under that section as ``consumer
product safety rules,'' 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.
L. Effective Date
Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
when a voluntary standard organization revises a standard upon which a
consumer product safety standard was based, the revision becomes the
CPSC standard within 180 days of notification to the Commission, unless
the Commission determines that the revision does not improve the safety
of the product, or the Commission sets a later date in the Federal
Register. The Commission 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 revision to this standard.
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 December 22, 2019.
List of Subjects in 16 CFR Part 1215
Consumer protection, Imports, Incorporation by reference, Infants
and children, Law enforcement, Safety, Toys.
For the reasons stated above, the Commission amends Title 16 CFR
chapter II as follows:
PART 1215--SAFETY STANDARD FOR INFANT BATH SEATS
0
1. The authority citation for part 1215 continues to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August
14, 2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).
0
2. Revise Sec. 1215.2 to read as follows:
Sec. 1215.2 Requirements for infant bath seats.
Each infant bath seat shall comply with all applicable provisions
of ASTM F1967-19, Standard Consumer Safety Specification for Infant
Bath Seats, approved May 1, 2019. The Director of the Federal Register
approves the incorporation by reference listed in this section in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy of this ASTM standard from ASTM International, 100 Barr Harbor
Drive, PO Box C700, West Conshohocken, PA 19428-2959 USA; phone: 610-
832-9585; 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, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2019-19965 Filed 9-19-19; 8:45 am]
BILLING CODE 6355-01-P
