[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Proposed Rules]
[Pages 45719-45723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20948]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1215

[CPSC Docket No. CPSC-2009-0064]


Safety Standard for Infant Bath Seats

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Section 104(b) of the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA'') requires the United States Consumer Product Safety 
Commission (``Commission'') to promulgate consumer product safety 
standards for durable infant or toddler products. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standard if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product. The Commission is proposing a 
safety standard for infant bath seats in response to the direction 
under section 104(b) of the CPSIA.

DATES: Written comments must be received by November 17, 2009.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0064, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (e-mail) except through http://www.regulations.gov.

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: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 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 rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Patricia Edwards, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7577; <a href="/cdn-cgi/l/email-protection#cdbda8a9baacbfa9be8daebdbeaee3aaa2bb"><span class="__cf_email__" data-cfemail="92e2f7f6e5f3e0f6e1d2f1e2e1f1bcf5fde4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background and Statutory Authority

1. The Consumer Product Safety Improvement Act

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA,'' 
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(b) of the 
CPSIA requires the Commission to promulgate consumer product safety 
standards for durable infant or toddler products. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standard if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product. Section 104(b)(2) of the CPSIA 
directs the Commission to begin rulemaking for two standards by August 
14, 2009. In this document the Commission proposes a safety standard 
for bath seats. The proposed standard is substantially the same as a 
voluntary standard developed by ASTM International (formerly known as 
the American Society for Testing and Materials), ASTM F 1967-08a, 
``Standard Consumer Safety Specifications for Infant Bath Seats,'' but 
the Commission is proposing some modifications to strengthen the 
standard.

2. Previous Commission Rulemaking Concerning Bath Seats

    The Commission has been engaged in regulatory efforts for infant 
bath seats for several years. In July 2000, several consumer 
organizations petitioned the Commission to ban bath seats under the 
Federal Hazardous Substances Act (``FHSA''). The consumer organizations 
asserted that bath seats presented an unreasonable risk of injury and 
death due to drowning. On August 1, 2001, the Commission published an 
advance notice of proposed rulemaking (``ANPR'') in the Federal 
Register initiating a rulemaking proceeding on bath seats (66 FR 
39692). The Commission issued a notice of proposed rulemaking that was 
published in the Federal Register on December 29, 2003 (68 FR 74878) 
proposing requirements for stability, leg openings, and warnings. 
Elsewhere in this issue of the Federal Register, the Commission has 
issued a notice that the Commission has terminated the bath seat 
rulemaking proceeding that it began under the FHSA because it has been 
superseded by this rulemaking required under section 104(b) of the 
CPSIA.

B. The Product

    Infant bath seats are used in a tub or sink to support a seated 
infant while he or she is being bathed. They are marketed for use with 
infants between the age of approximately 5 months (the time at which 
infants can sit up unassisted) to the age of approximately 10 months 
(the time at which infants begin pulling themselves up to a standing 
position). Currently, there are three manufacturers and one importer of 
bath seats active in the United States. All are members of the Juvenile 
Products Manufacturers Association (``JPMA''), which is the major 
United States trade association representing juvenile product 
manufacturers and importers. All produce a variety of children's 
products in addition to bath seats.
    The exact number of bath seats currently sold or in use is not 
known. A 2005 survey by the American Baby Group indicated annual sales 
of bath seats of about 1.5 million and about 1.7 million bath seats in 
use. In 2000, JPMA estimated annual sales of bath seats at about one 
million and estimated up to 2 million bath seats in use for infants 
under one year of age.

C. ASTM Voluntary Standard

    ASTM F 1967, Standard Consumer Safety Specification for Infant Bath 
Seats, was first published in 1999. Between 2003 and 2007, the ASTM 
standard was subsequently revised several times to include requirements 
that the Commission proposed in its 2003 NPR and to exclude tub-like 
products.
    In response to changes in the ASTM standard, product design changed 
significantly. The new designs use an arm that clamps onto the side of 
the

[[Page 45720]]

bath tub rather than relying on suction cups for stability. The current 
voluntary standard for bath seats, ASTM F 1967-08a, was published in 
December 2008. The current version contains the same labeling, 
stability and leg opening requirements as the 2007 version.
    JPMA provides certification programs for juvenile products, 
including bath seats. Manufacturers submit their products to an 
independent test laboratory to test the product for conformance to the 
ASTM standard. Currently only one bath seat model is certified to ASTM 
F 1967-08a.
    The current ASTM standard includes performance requirements 
specific to bath seats to address the hazards of the bath seat tipping 
over or the child becoming entrapped and/or submerged in the leg 
openings. The standard also contains labeling requirements to address 
the child coming out of the bath seat.
    General requirements in the current ASTM standard, none of which 
the Commission is proposing to modify, include:
    <bullet> Requiring compliance with CPSC's standards concerning 
sharp points and edges, small parts, and lead paint (16 CFR parts 1303, 
1500.48, 1500.49, 1500.50, 1500.51, and 1501);
    <bullet> Requirements for latching and locking mechanisms;
    <bullet> Requirements to prevent scissoring, shearing and pinching;
    <bullet> Entrapment testing for accessible holes and openings;
    <bullet> Torque/tension test for graspable components; and
    <bullet> A requirement that warning labels be permanent.
    The ASTM Standard's requirements specifically related to hazards 
posed by bath seats (some of which the Commission is proposing to 
modify as discussed in part E of this preamble) include:
    <bullet> Test for stability performed on a test platform containing 
both a slip resistant surface and a smooth surface to test whether the 
bath seat may tip over during use;
    <bullet> Requirements for restraint systems requiring passive 
crotch restraint to prevent a child from sliding through front or sides 
of the seat;
    <bullet> Static load test to test whether the bath seat may break 
or become damaged during use;
    <bullet> A requirement that suction cups (if used) adhere to the 
bath seat and the surface;
    <bullet> A leg opening requirement to prevent children from sliding 
through these openings;
    <bullet> A leg opening requirement restricting the expansiveness of 
the seating area to prevent the child from slumping and becoming 
entrapped in a reclined position; and
    <bullet> Requirements for warning labels and instruction manual.

D. Incident Data

    From 1983 through 2008, there were 295 non-fatal bath seat 
incidents reported to CPSC staff. A submersion hazard was identified in 
151 of these non-fatal incidents of which 116 were actual submersion 
incidents. (Submersion is defined as the act of placing, or the 
condition of being, under water. A submersion hazard indicates that 
submersion is possible, as a direct result of the incident. An actual 
submersion is when the victim actually became submerged as a result of 
the incident.) The remaining 143 reports were non-submersion hazards 
such as lacerations, limb entrapments, etc. There have been 171 
reported fatalities involving bath seats for this same time frame, 
although more fatalities may have occurred because fatality reporting 
is not considered to be complete for 2006, 2007, and 2008. All of these 
fatalities were submersions. None of the identifiable products involved 
in the fatal bath seat incidents were certified to meet ASTM F 1967-08a 
or its predecessor, ASTM F 1967-07. Two of the non-fatal incidents 
involved products certified to ASTM F 1967-07, neither of which were 
submersion hazards, thus were not life threatening.
    Of the 171 fatal incidents, 20 involved products that were 
identified as being certified to the 2004 version of the ASTM standard. 
Two of the 20 were due to the arm of the bath seat disengaging from the 
bath tub and 17 were due to other causes such as the child slumped over 
the side of the bath seat (four incidents), children found out of the 
bath seat in the water (seven incidents), miscellaneous causes, such as 
consumers not attaching the clamp to the tub side (four incidents), and 
overflowing bathtubs (two incidents). There was also an unknown cause 
for one incident.
    Fifty-one of the non-fatal incidents involved bath seats certified 
to the 2004 version of the ASTM voluntary standard. Fifteen of these 
non-fatal incidents involved a bath seat that was the subject of a 
safety alert issued in 2005 due to component failures occurring when 
the bath seat was installed on non-traditional tubs. Of the remaining 
36 incidents, five were considered submersion hazards, and thus could 
have resulted in a fatality had a caregiver not been present. These 
five include three arm disengagements, one entrapment where the child's 
torso slipped completely into one leg opening, and one case where a 
child was found out of the bath seat in the water. In addition, there 
has been another recent torso entrapment incident reported to CPSC 
staff in 2009.

E. Assessment of Voluntary Standard ASTM F 1967-08a and Description of 
Proposed Changes and the Proposed Rule

1. Section 104(b) of the CPSIA: Consultation and CPSC Staff Review

    Section 104(b) of the CPSIA requires the Commission to assess the 
effectiveness of the voluntary standard in consultation with 
representatives of consumer groups, juvenile product manufacturers and 
other experts. This consultation process began in October 2008 during 
the ASTM subcommittee meeting regarding the ASTM infant bath seat 
voluntary standard. Consultations between Commission staff and members 
of this subcommittee are still ongoing.
    The Commission has reviewed the incident data and the ASTM F 1967-
08a standard and conducted testing on bath seats to assess the ASTM 
standard. CPSC staff tested three products to the current version of 
ASTM F 1967-08a: Two bath seats that use only suction cups to provide 
stability and a third that primarily uses a clamping mechanism located 
on an arm that secures the bath seat to the side of the tub. The bath 
seat with the arm was labeled as being certified by JPMA to the ASTM 
standard.
    Initial testing results indicated that all three products failed 
the stability test requirements in ASTM F 1967-08a. The two non-
certified seats that use only suction cups for stability could not 
affix themselves to the slip-resistant surface, and thus failed.
    During the testing of the JPMA certified bath seat, the arm rest of 
the clamping mechanism lifted up from the top surface of the side of 
the tub. The clamp did not disengage from the tub, but the arm rest 
contact points were no longer in contact with the tub surface. The bath 
seat remained in a tilted position from the installed and presumed 
``manufacturer's intended use position.'' A strict interpretation of 
the pass-fail criteria suggests that this bath seat, as tested by CPSC 
staff, also does not meet the standard, but the clamp, while not in the 
initial position, remained clamped to the side of the bath tub. Thus, 
one could assert that, because the product did not tip over and did not 
disengage from the platform, the product complied with the standard. 
This result indicates that the pass/fail criteria are ambiguous and 
could result

[[Page 45721]]

in passing a bath seat that could nevertheless pose a stability hazard 
to an infant.
    The current ASTM standard requires that a soapy test solution 
``thoroughly saturate the coverage area'' which is defined in the ASTM 
standard as any internal surface of the tub well or tub bottom that 
makes contact with the product. Staff found that spraying the soap 
solution on the top and outer surface contact points as well as the 
interior surfaces affected the final position of the bath seat and 
therefore could affect the results of the test.
    Consistent with section 104(b) of the CPSIA, the Commission, 
through this proposed rule, would establish a new 16 CFR part 1215, 
``Safety Standard for Bath Seats.'' The new part would incorporate by 
reference the requirements for bath seats in ASTM F 1967-08a with 
certain changes to specific provisions to strengthen the ASTM standard 
as discussed below.

2. Proposed Changes to the ASTM Standard's Requirements

    While most of the requirements of the current ASTM standard are 
sufficient to reduce the risk of injury posed by bath seats, the 
Commission concludes that several provisions should be modified to make 
them more stringent and further reduce the risk of injury and to 
clarify the test procedures.
    To best understand the proposed standard, it is helpful to view the 
current ASTM F 1967-08a standard for bath seats at the same time as the 
Commission's proposed modifications. The ASTM standard is available for 
viewing for this purpose during the comment period through this link: 
http://www.astm.org/cpsc.htm.
a. Definition of Bath Seat (Proposed Sec.  1215.2(b)(1))
    The Commission's 2003 NPR defined a bath seat as an article that is 
used in a bath tub, sink, or similar bathing enclosure and that 
provides support, at a minimum, to the front and back of a seated 
infant during bathing by a caregiver. The Commission believes that this 
definition is preferable to that used by ASTM which does not define the 
type of support because the proposed definition better clarifies what 
is (or is not) a bath seat.
b. Stability Requirement
    Limiting the tilt of the bath seat (proposed Sec.  1215.2(b)(2), 
(6) and (7)). As discussed above, during testing the Commission staff 
found that the clamping mechanism on one bath seat lifted from the side 
of the tub and continued to tip backward when force was applied, but it 
did not tip over. To prevent possible misinterpretation of the ASTM 
standard's pass/fail criteria, the Commission proposes a requirement 
that limits the allowable tilt angle of the bath seat during the 
stability test. This proposed modification would be added to sections 
6.1, between sections 7.4.2.2 and 7.4.2.3, and between sections 7.4.2.3 
and 7.4.2.4 of the ASTM standard. The Commission proposes that a bath 
seat capable of tilting 12 degrees or more during testing be considered 
a failure. This limit was determined after measuring, and allowing for 
the flexibility of, current products. Staff also considered other ASTM 
standards such as those for infant bouncer seats and toys. These use a 
10 degree table or tilt when testing stability. The Commission is 
proposing a tilt angle just above that level.
    Test solution application (proposed Sec.  1215.2(b)(4)). The 
Commission recognizes that the outside of a tub may become wet, and 
this may affect the ability of a bath seat's attachment arm to remain 
stable. Thus, the Commission proposes that a test solution be applied 
to all areas where the product may make contact while in use.
    Measuring water levels (proposed Sec.  1215.2(b)(5)). When testing 
the stability of bath seats, Commission staff noted that it can be 
difficult to obtain accurate water level measurements because the 
unoccupied bath seat may float when the test platform is flooded. To 
address this, the Commission proposes to add a clarifying statement: 
``For the purpose of measuring the water level, the product's seating 
surface can be temporarily weighed down to prevent the seat from 
floating.''
c. Leg opening requirement (Proposed Sec.  1215.2(b)(8) through (10))
    In recent incident reports, children have fit both legs and their 
hips through a single leg hole of a bath seat that complies with the 
current ASTM standard. The torso probe specified in the current ASTM 
standard used to test the size of the leg openings is not sufficiently 
analogous to the human infant. This has resulted in a child's torso 
fitting through a leg hole when the ASTM torso probe does not. Because 
modeling the pliable features of a child's torso is not practical, the 
Commission proposes decreasing the size of the current rigid wood torso 
probe specified in the ASTM standard and specifying a larger radius on 
the corners. The proposal would decrease the length of the vertical and 
horizontal axes of the current probe by approximately 5% and round the 
corners more resulting in a 1.45'' radius rather than the current 1'' 
radius. This proposed change is accomplished through modifications to 
Figure 4 in the ASTM standard that shows the torso probe. The 
Commission believes that changes in the test probe would not restrict 
the utility of the product, but would still allow many possible designs 
for bath seats, even that which would accommodate large children.
    An additional proposed change (at proposed Sec.  1215.2(b)(8) and 
(9)) related to the torso probe concerns the ASTM standard's 
instruction in section 7.7.1 and 7.7.2 of the ASTM standard to insert 
the test probe ``* * * in the most adverse orientation into each 
opening.'' This language is open to interpretation as it may not always 
be intuitive what `the most' adverse position is. Therefore, the 
Commission proposes changing this wording to say that the probe needs 
to be inserted ``in all orientations to determine if any position can 
create a slip through and/or entrapment hazard.''
d. Editorial and clarifying changes (proposed Sec.  1215.2(b)(3) and 
(5))
    Other proposed changes clarify the order of steps to be performed 
when conducting the stability test. For clarification of testing 
procedures, the Commission proposes re-ordering the steps specified in 
the ASTM standard for preparing the test surface and installing the 
bath seat. This change would clarify that the test platform should be 
flooded before installing the bath seat.

F. Request for Comments

    The issuance of this proposed rule begins a rulemaking proceeding 
under section 104(b) of the CPSIA to issue a consumer product safety 
standard for infant bath seats. All interested persons are invited to 
submit comments on any aspect of the proposed rule. Comments should be 
submitted in accordance with the instructions in the ADDRESSES section 
at the beginning of this notice.

G. Effective Date

    The Administrative Procedure Act (``APA'') generally requires that 
the effective date of a rule be at least 30 days after publication of 
the final rule. Id. 553(d). To allow time for bath seats to come into 
compliance, the Commission proposes that the standard would become 
effective six months after publication of a final rule.

H. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA'') generally requires that 
agencies review proposed rules for their potential economic impact on 
small entities,

[[Page 45722]]

including small businesses. 5 U.S.C. 603.
    Four firms currently market infant bath seats in the United States: 
A large domestic manufacturer, a small foreign manufacturer, a small 
domestic manufacturer, and a small domestic importer. All of these 
companies' bath seats are expected to require modifications to meet the 
proposed standard.
    Modifying existing bath seats to meet the proposed standard would 
result in one-time product development costs and possible increased 
costs of production that could amount to approximately $5 to $10 per 
bath seat. A price increase associated with these modifications will 
likely reduce the quantity of bath seats demanded and hence unit sales. 
Alternatively, it is possible that manufacturers may not be able to (or 
may choose not to) produce a commercially viable bath seat that meets 
the proposed standard. For the small domestic manufacturer, the impact 
of discontinuing baby bath seat production is unlikely to be large 
since bath seats make up only a small portion of its juvenile products.
    Since importers do not manufacture bath seats, the effect of the 
regulation on them would be felt indirectly, requiring a shift in 
suppliers rather than the design and production of a different product. 
The impact on the small domestic importer is expected to be small. The 
small domestic importer would most likely respond by discontinuing the 
import of its non-complying bath seat, either replacing the bath seat 
with a complying product or another juvenile product.
    Hence, even if the cost of developing a compliant product proves to 
be a barrier for individual small firms, the loss of bath seats as a 
product category is expected to be minor and would likely be mitigated 
by increased sales of competing products, such as multi-stage infant 
bathtubs, or entirely different juvenile products.

I. Environmental Considerations

    The Commission's regulations provide a categorical exemption for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement as they ``have little 
or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This proposed rule falls within the categorical 
exemption.

J. Paperwork Reduction Act

    The Commission is not proposing any collections of information in 
this rulemaking. Therefore, the Paperwork Reduction Act, 44 U.S.C. 
3501-3520, does not apply.

List of Subjects in 16 CFR Part 1215

    Consumer protection, Imports, infants and children, Labeling, Law 
enforcement, and Toys.

    Therefore, the Commission proposes to amend Title 16 of the Code of 
Federal Regulations by adding part 1215 to read as follows:

PART 1215--SAFETY STANDARD FOR BATH SEATS

Sec.
1215.1 Scope, application and effective date.
1215.2 Requirements for bath seats.

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, 104, 122 Stat. 3016 (August 14, 2008).


Sec.  1215.1  Scope.

    This part 1215 establishes a consumer product safety standard for 
bath seats manufactured or imported on or after (date 6 months after 
date of publication of a final rule in the Federal Register).


Sec.  1215.2  Requirements for bath seats.

    (a) Except as provided in paragraph (b) of this section, each bath 
seat shall comply with all applicable provisions of ASTM F 1967-08a, 
Standard Consumer Safety Specification for Infant Bath Seats, approved 
November 1, 2008. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain a copy from ASTM International, 100 Bar Harbor 
Drive, P.O. Box 0700, West Conshohocken, PA 19428; http://www.astm.org. 
You may inspect a copy at the Office of the Secretary, U.S. Consumer 
Product Safety Commission, Room 502, 4330 East West Highway, Bethesda, 
MD 20814, telephone 301-504-7923, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The following provisions replace, or are added to, the 
indicated sections of the ASTM F 1967-08a standard.
    (1) Instead of section 3.1.1: ``Bath seat, n--an article that is 
used in a bath tub, sink, or similar bathing enclosure and that 
provides support, at a minimum, to the front and back of a seated 
infant during bathing by a caregiver. This does not include products 
that are designed or intended to retain water for bathing.''
    (2) Instead of section 6.1: ``Stability--For bath seats which 
provide support for an occupant's back and support for the sides or 
front of the occupant, or both, the geometry and construction of the 
product shall not allow for any parts of the product to become 
separated from it, shall not sustain permanent damage, and shall not 
allow the product to tip over after being tested in accordance with 
7.4. In addition, if any attachment point disengages from (is no longer 
in contact with) the test platform and then fails to return to its 
manufacturer's intended use position after being tested in accordance 
with 7.4, it fails the requirement. This test shall be conducted after 
the Mechanisms Durability test in 7.1.3. If any time during the 
application of force, the seat is no longer in the initial `intended 
use position' and is tilted at an angle of 12 degrees or more from its 
initial starting position, it shall be considered a failure.''
    (3) Instead of section 7.4.1.2: ``Prepare the test surface as 
follows:''
    (4) Instead of section 7.4.1.4: ``Using a spray bottle containing a 
1:25 mixture of test solution (see table Z) to distilled water, 
immediately before each test run, thoroughly saturate all test platform 
surfaces above the water line where the product makes contact and where 
contact might be expected.''
    (5) Instead of section 7.4.1.5: ``Flood the test platform with 
clear water that is at an initial temperature of 100 to 105[ordm] F 
(37.8 to 10.6[ordm] C) and a depth of 2 in. (51 mm) above the highest 
point of the occupant seating surface. Install the product according to 
the manufacturer's instructions onto the test platform specified in 
7.4.3. For the purpose of measuring the water level, the product's 
seating surface can be temporarily weighed down to prevent the seat 
from floating.''
    (6) Between section 7.4.2.2 and section 7.4.2.3: ``Rigidly install 
an inclinometer to the test bar above the location where force is to be 
applied. The weight of the inclinometer and the fastening method shall 
be less than or equal to 2.2 pounds. The inclinometer shall have a 
measurement tolerance of less than or equal to 0.5 degrees. Measure and 
record the pre-test angle of the test bar.''
    (7) Between section 7.4.2.3 and section 7.4.2.4: ``Measure and 
record the maximum angle of the test bar during the application of the 
17.0 lbf load. Calculate the absolute value of the Change in Angle in 
degrees. Change in Angle = (Angle measured during test)--(Angle 
measured pre-test).''
    (8) Instead of section 7.7.1: ``With the bath seat in each of the 
manufacturer's recommended use position(s), insert the tapered end of 
the Bath Seat Torso

[[Page 45723]]

Probe (see Fig. 4a) in all orientations into each opening. The probe 
should be inserted from the direction of the occupant seating surface. 
Gradually apply a force of 15 lbf (67 N) in the direction of the major 
axis of the probe within a period of 5s. Maintain this force for an 
additional 10s (see Fig. 5).''
    (9) Instead of section 7.7.2: ``With the bath seat in each of the 
manufacturer's recommended use position(s), insert the tapered end of 
the Bath Seat Shoulder Probe (see Fig. 6) in all orientations into each 
opening. The probe should be inserted from the direction of the 
occupant seating surface. Gradually apply a force of 15 lbf (67 N) in 
the direction of the major axis of the probe within a period of 5s. 
Maintain this force for an additional 10s (see Fig. 7). Release and 
apply a force of 10 lbf (44 N) to the top 1.0-in. (25-mm) perimeter of 
the probe in a direction vertically downward toward the seating surface 
over a period of 5s. Maintain this force for an additional 10s (see 
Fig. 8).''
    (10) Instead of Figure 4:
    [GRAPHIC] [TIFF OMITTED] TP03SE09.010
    

    Dated: August 25, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-20948 Filed 9-2-09; 8:45 am]
BILLING CODE 6355-01-P


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