45242 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 

(77 FR 30439) Docket No. FAA–2012– 

0249. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. One comment was 

received in support of this action. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

at Apopka, FL, to provide the controlled 

airspace required to accommodate the 

new RNAV GPS Standard Instrument 

Approach Procedures developed for 

Orlando Apopka Airport. This action is 

necessary for the safety and 

management of IFR operations at the 

airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes controlled airspace at 

Orlando Apopka Airport, Apopka, FL. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO FL E5 Apopka, FL [New] 

Orlando Apopka Airport, FL 

(Lat. 28°42′27′′ N., long. 81°34′55′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Orlando Apopka Airport. 

Issued in College Park, Georgia, on July 20, 

2012. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2012–18540 Filed 7–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1215 and 1219 

Revisions to Safety Standards for 

Durable Infant or Toddler Products: 

Infant Bath Seats and Full-Size Cribs 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: In accordance with section 

104(b) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), also 

known as the Danny Keysar Child 

Product Safety Notification Act, the U.S. 

Consumer Product Safety Commission 

(Commission, CPSC, or we) has 

published consumer product safety 

standards for numerous durable infant 

or toddler products, including infant 

bath seats and full-size cribs. These 

standards incorporated by reference the 

ASTM voluntary standards associated 

with those products, with some 

modifications. In August 2011, Congress 

enacted Public Law 112–28, which sets 

forth a process for updating standards 

that the Commission has issued under 

the authority of section 104(b) of the 

CPSIA. In accordance with that process, 

we are publishing this direct final rule, 

revising the CPSC’s standards for infant 

bath seats and full-size cribs to 

incorporate by reference more recent 

versions of the applicable ASTM 

standards. Because the changes to the 

ASTM standards make them essentially 

identical to the standards that the CPSC 

has issued previously, no changes to the 

products are required. We also received 

notification from ASTM of an updated 

ASTM standard for toddler beds. 

However, the Commission is not 

accepting the revised ASTM standard 

for toddler beds, and therefore, the 

CPSC standard for toddler beds will 

remain as it currently is stated at 16 CFR 

part 1217. 

DATES: The rule is effective on 

November 12, 2012, unless we receive 

significant adverse comment by August 

30, 2012. If we receive timely significant 

adverse comments, we will publish 

notification in the Federal Register, 

withdrawing this direct final rule before 

its effective date. The incorporation by 

reference of the publications listed in 

this rule is approved by the Director of 

the Federal Register as of November 12, 

2012. The compliance dates for the fullsize crib standard remain as stated in 16 

CFR 1219.1(b). 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2012– 

0039, by any of the following methods: 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 45243 

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 (email), except through 

www.regulations.gov. 

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 820, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

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. 

FOR FURTHER INFORMATION CONTACT: For 

information related to the full-size crib 

standard, contact Troy Whitfield, Office 

of Compliance and Field Operations, 

Consumer Product Safety Commission, 

Bethesda, MD 20814–4408; telephone 

(301) 504–7548; twhitfield@cpsc.gov. 

For information related to the infant 

bath seat standard, contact Carolyn 

Manley, Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, Bethesda, MD 20814– 

4408; telephone (301) 504–7607; 

cmanley@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Danny Keysar Child Product 

Safety Notification Act. The Consumer 

Product Safety Improvement Act of 

2008 (CPSIA, Pub. L. 110–314) was 

enacted on August 14, 2008. Section 

104(b) of the CPSIA, also known as the 

Danny Keysar Child Product Safety 

Notification Act, requires the 

Commission to promulgate consumer 

product safety standards for durable 

infant or toddler products. The law 

requires that these standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standards if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. Under the statute, the term 

‘‘durable infant or toddler product’’ 

explicitly includes infant bath seats, 

full-size cribs, and toddler beds. In 

accordance with section 104(b), the 

Commission has published safety 

standards for these products that 

incorporate by reference the relevant 

ASTM standards with certain 

modifications that make the voluntary 

standard more stringent. 

Public Law 112–28. On August 12, 

2011, Congress enacted Public Law 112– 

28, amending and revising several 

provisions of the CPSIA, including the 

Danny Keysar Child Product Safety 

Notification Act. The revised provision 

sets forth a process for updating CPSC’s 

durable and infant or toddler standards 

when the voluntary standard upon 

which the CPSC standard was based is 

changed. This provision states 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. 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. See Public Law 112–28, 

section 3. 

Notification and Review of Revisions. 

On May 16, 2012, ASTM notified us of 

ASTM’s approval and publication of 

revisions to ASTM F1169, Standard 

Consumer Safety Specification for FullSize Baby Cribs; ASTM F1967, Standard 

Consumer Safety Specification for Infant 

Bath Seats; and ASTM F1821, Standard 

Consumer Safety Specification for 

Toddler Beds. In its notification, ASTM 

stated that revisions to these standards 

have occurred since the enactment of 

Public Law 112–28. 

The Commission has reviewed the 

revisions. ASTM’s revision to its toddler 

bed standard, ASTM F1821–11b, does 

not include several of the modifications 

that the Commission made in its 

mandatory standard at 16 CFR part 

1217. Therefore, we have determined 

that ASTM F1821–11b does not improve 

the safety of toddler beds, and we are 

notifying ASTM that the Commission 

will retain the CPSC toddler bed 

standard at 16 CFR part 1217 as it is. 

As explained below, ASTM’s 

revisions to its standards for infant bath 

seats and full-size cribs make these 

revised ASTM standards essentially 

identical to the CPSC mandated 

standards for these products. In 

accordance with Public Law 112–28, 

unless the Commission determines that 

these revisions do not improve the 

safety of these consumer products, the 

revised ASTM standards for infant bath 

seats and full-size cribs will become the 

new CPSC mandatory standard for those 

products. We are publishing this direct 

final rule revising the incorporation by 

reference that is stated in each of these 

rules so that they will accurately reflect 

the revised version of the relevant 

ASTM standards. 

B. Revisions to the Particular ASTM 

Standards 

1. Infant Bath Seats 

On June 4, 2010, the Commission 

published a final rule issuing a safety 

standard for infant bath seats that 

incorporated by reference ASTM 

F1967–08a, Standard Consumer 

Specification for Infant Bath Seats, with 

certain modifications to make the 

standard more stringent. 75 FR 31691. 

ASTM notified us that the current 

version of the ASTM standard for infant 

bath seats is ASTM F1967–11a, which 

was approved and published in 

September 2011. Two previous 

revisions, ASTM F1967–10 and ASTM 

F1967–11, made minor changes to the 

ASTM standard. ASTM F1967–11a 

includes all the modifications that CPSC 

made when it issued its mandatory 

standard. Thus, the revised ASTM 

standard, ASTM F1967–11a, is 

essentially identical to CPSC’s 

mandatory standard for infant bath seats 

at 16 CFR part 1215. Because the revised 

ASTM standard is essentially identical 

to the current mandatory standard, the 

Commission will not make the 

determination that ‘‘the proposed 

revision does not improve the safety’’ of 

infant bath seats, under Public Law 

112–28. Therefore, in accordance with 

Public Law 112–28, the revised ASTM 

standard for infant bath seats becomes 

the new CPSC standard 180 days from 

the date we received notification of the 

revision from ASTM. This rule revises 

the incorporation by reference at 16 CFR 

part 1215, to reference the revised 

ASTM standard. 

2. Full-Size Cribs 

On December 28, 2010, the 

Commission published a final rule 

issuing a standard for full-size cribs that 

incorporated by reference ASTM 

F1969–10, with two modifications to 


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45244 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 

make the standard more stringent. 75 FR 

81766. 

ASTM notified us that the current 

version of the ASTM standard for fullsize cribs is ASTM F1169–11, which 

was approved and published in 

September 2011. A previous revision, 

ASTM F1169–10a, made one change 

that clarified testing of cribs with 

folding or moveable sides. This change 

was identical to one of the 

modifications that the Commission 

made in its mandatory standard. ASTM 

F1169–11 has two additional revisions. 

One is editorial and corrects a 

typographical error. The other change 

tracks a modification that the 

Commission made in its mandatory 

standard: it removes a provision that 

required retightening of hardware 

between tests. With these changes, 

ASTM F 1169–11 is now essentially 

identical to the full-size crib standard 

that the Commission mandated at 16 

CFR part 1219. Because the revised 

ASTM standard is essentially identical 

to the current mandatory standard, the 

Commission will not make the 

determination that ‘‘the proposed 

revision does not improve the safety’’ of 

full-size cribs. Therefore, in accordance 

with Public Law 112–28, the revised 

ASTM standard for full-size cribs 

becomes the new CPSC standard 180 

days from the date we received 

notification of the revision from ASTM. 

This rule revises the incorporation by 

reference at 16 CFR part 1219 to 

reference the revised ASTM standard. 

The 2010 crib rule fulfilled the 

direction in the Danny Keysar Child 

Product Safety Notification Act to issue 

standards for durable infant or toddler 

products, and it also implemented 

direction specific to cribs in section 

104(c) of the CPSIA. In accordance with 

section 104(c) of the CPSIA, the CPSC’s 

crib standards (covering both full-size 

and non-full-size cribs) apply to persons 

and entities not required to comply with 

other CPSC standards, such as child 

care facilities, family child care homes, 

and places of public accommodation. 75 

FR 81786–87. The crib rule became 

effective on June 28, 2011. It provided 

for two compliance dates. The first date, 

June 28, 2011, applies to all entities 

subject to the crib rule, except for child 

care facilities, family child care homes, 

and places of public accommodation. 

The second date, December 28, 2012, 

applies to child care facilities, family 

child care homes, and places of public 

accommodation. 75 FR at 81781. In June 

2011, the Commission gave additional 

time to companies that provide shortterm crib rentals; accordingly, they have 

until December 28, 2012, to meet the 

crib standards. 

Public Law 112–28 contains a 

provision limiting the application of 

revisions when ASTM revises its crib 

standards. That language states that 

such revisions shall apply only to a 

person that manufactures or imports 

cribs, unless the Commission 

determines that application to any 

person described in paragraph (2) [of 

section 104(c) of the CPSIA] is necessary 

to protect against an unreasonable risk 

to health or safety. If the Commission 

determines that application to a person 

described in paragraph (2) [of section 

104(c) of the CPSIA] is necessary, it 

shall provide not less than 12 months 

for such person to come into 

compliance. See Public Law 112–28, 

section 3(b). According to this 

provision, changes to CPSC’s crib 

standards would apply only to crib 

manufacturers and importers, not to the 

other entities mentioned in section 

104(c)(2) who are not usually subject to 

CPSC’s standards, such as child care 

facilities, family child care homes, and 

places of public accommodation. 

ASTM’s revision to its full-size crib 

standard included the modifications 

that the Commission made when it 

issued the CPSC’s mandatory standard 

for full-size cribs. Thus, there is no 

substantive difference between ASTM’s 

revised standard, ASTM F1169–11, and 

the currently mandated standard that 

the Commission published in December 

2010. Therefore, the CPSC’s action in 

this direct final rule, which revises the 

incorporation by reference in 16 CFR 

part 1219, does not require any change 

by the persons and entities subject to 

the CPSC’s full-size crib standard. Those 

who manufacture, import, or sell fullsize cribs continue to be required to 

meet the same full-size crib 

requirements as they have been required 

to meet since June 28, 2011. Child care 

facilities, family child care homes, 

places of public accommodation, and 

businesses that rent cribs for short terms 

will be required to meet the same 

requirements for full-size cribs 

beginning on December 28, 2012. 

Because the revision contemplated by 

this direct final rule does not require 

any change by the persons subject to the 

mandatory standard published in 2010, 

the provision set forth in Public Law 

112–28 limiting the application of 

revisions is without effect in this 

instance. 

C. Direct Final Rule Process 

The Commission is issuing this rule 

as a direct final rule. Although the 

Administrative Procedure Act (APA) 

generally requires notice and comment 

rulemaking, section 553 of the APA 

provides an exception when the agency, 

for good cause, finds that notice and 

public procedure are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ We believe that in the 

circumstances of these revisions to 

ASTM standards upon which CPSC’s 

durable infant or toddler product 

standards are based, notice and 

comment is not necessary. Public Law 

112–128 provides for nearly automatic 

updating of durable infant or toddler 

product standards that the Commission 

issues under the Danny Keysar Child 

Product Safety Notification Act, if 

ASTM revises the underlying voluntary 

standard and the Commission does not 

determine that the revision ‘‘does not 

improve the safety of the consumer 

product covered by the standard.’’ 

Nevertheless, without Commission 

action to update the incorporation by 

reference in its mandated standards, the 

standard published in the Code of 

Federal Regulations will not reflect the 

revised ASTM standard. Thus, the 

Commission believes that it is 

appropriate to issue a rule revising the 

incorporation by reference in these 

circumstances. However, little would be 

gained by allowing for public comment 

because Public Law 112–28 requires 

that the CPSC’s mandatory standard 

must change to the revised voluntary 

standard (unless the Commission has 

made the requisite finding concerning 

safety). The revisions to the infant bath 

seat standard and full-size crib standard 

merely reflect the modifications that the 

Commission made previously when it 

mandated these standards. It is possible, 

that in the future, revisions to other 

voluntary standards that were the basis 

for Commission standards under section 

104(b) of the CPSIA could include 

substantive changes that do more than 

reflect the Commission’s changes. 

Therefore, we believe that it is 

appropriate to set in place a procedure 

that allows the Commission to receive 

significant adverse comments but at the 

same time accommodates the nearly 

automatic update procedure set forth in 

the statute. 

In its Recommendation 95–4, the 

Administrative Conference of the 

United States (ACUS) endorsed direct 

final rulemaking as an appropriate 

procedure to expedite promulgation of 

rules that are noncontroversial and that 

are not expected to generate significant 

adverse comment. See 60 FR 43108 

(August 18, 1995). ACUS recommends 

using direct final rulemaking when an 

agency employs the ‘‘unnecessary’’ 

prong of the good cause exemption to 

notice and comment rulemaking. 

Thus, the Commission is publishing 

this rule as a direct final rule because 

we do not expect any significant adverse 


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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 45245 

comments. Unless we receive a 

significant adverse comment within 30 

days, the rule will become effective 

November 12, 2012. In accordance with 

ACUS’s recommendation, we consider 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, it would withdraw 

this rule. The Commission may then 

incorporate the adverse comment into a 

subsequent direct final rule or publish 

a notice of proposed rulemaking 

providing an opportunity for public 

comment. 

D. Effective Date 

Under the procedure set forth in 

Public Law 112–28, when a voluntary 

standard organization revises a standard 

upon which a consumer product safety 

standard issued under the Danny Keysar 

Child Product Safety Notification Act 

was based, the revision becomes the 

CPSC standard within 180 days of 

notification to the Commission, unless 

the Commission determines that the 

revision does not improve the safety of 

the product, or the Commission sets a 

later date in the Federal Register. In 

accordance with this provision, this rule 

establishes an effective date that is 180 

days after we received notification from 

ASTM of revisions to these standards. 

As discussed in the preceding section, 

this is a direct final rule. Unless we 

receive a significant adverse comment 

within 30 days, the rule will become 

effective November 12, 2012. 

E. 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 changes to the 

incorporation by reference in the infant 

bath seat and full-size crib standards 

will not result in any substantive 

changes to the standards. Therefore, this 

rule will not have any economic impact 

on small entities. 

F. Environmental Considerations 

The Commission’s regulations 

provide a categorical exclusion for the 

Commission’s rules from any 

requirement to prepare an 

environmental assessment or an 

environmental impact statement 

because they ‘‘have little or no potential 

for affecting the human environment.’’ 

16 CFR 1021.5(c)(2). This rule falls 

within the categorical exclusion, so no 

environmental assessment or 

environmental impact statement is 

required. 

G. Paperwork Reduction Act 

Both the infant bath seat standard and 

the full-size crib standard contain 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). No changes 

have been made to those sections of the 

standards. Thus, these revisions will not 

have any effect on the information 

collection requirements related to those 

standards. 

H. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides that where a 

‘‘consumer product safety standard 

under [the Consumer Product Safety Act 

(CPSA)]’’ is in effect and applies to a 

product, no state or political 

subdivision of a state may either 

establish or continue in effect a 

requirement dealing with the same risk 

of injury unless the State requirement is 

identical to the federal standard. 

(Section 26(c) of the CPSA also provides 

that states or political subdivisions of 

states may apply to the Commission for 

an exemption from this preemption 

under certain circumstances.) The 

Danny Keysar Child Product Safety 

Notification Act (at section 104(b)(1)(B) 

of the CPSIA) refers to the rules to be 

issued under that section as ‘‘consumer 

product safety standards,’’ thus, 

implying that the preemptive effect of 

section 26(a) of the CPSA would apply. 

Therefore, a rule issued under section 

104 of the CPSIA will invoke the 

preemptive effect of section 26(a) of the 

CPSA when it becomes effective. 

I. Certification 

Section 14(a) of the CPSA imposes the 

requirement that products subject to a 

consumer product safety rule under the 

CPSA, or to a similar rule, ban, 

standard, or regulation under any other 

act enforced by the Commission, be 

certified as complying with all 

applicable CPSC requirements. 15 

U.S.C. 2063(a). Such certification must 

be based on a test of each product, or 

on a reasonable testing program or, for 

children’s products, on tests on a 

sufficient number of samples by a third 

party conformity assessment body 

accredited by the Commission to test 

according to the applicable 

requirements. As noted in the preceding 

discussion, standards issued under 

section 104(b)(1)(B) of the CPSIA are 

‘‘consumer product safety standards.’’ 

Thus, they are subject to the testing and 

certification requirements of section 14 

of the CPSA. 

Because infant bath seats and full-size 

cribs are children’s products, they must 

be tested by a third party conformity 

assessment body whose accreditation 

has been accepted by the Commission. 

(They also must comply with all other 

applicable CPSC requirements, such as 

the lead content requirements of section 

101 of the CPSIA, the phthalate content 

requirements in section 108 of the 

CPSIA, the tracking label requirement in 

section 14(a)(5) of the CPSA, and the 

consumer registration form 

requirements in the Danny Keysar Child 

Product Safety Notification Act.) 

J. Notice of Requirements 

In accordance with section 

14(a)(3)(B)(iv) of the CPSIA, the 

Commission has previously published 

notices of requirements for accreditation 

of third party conformity assessment 

bodies for testing infant bath seats (75 

FR 31688 (June 4, 2010)) and full-size 

cribs (75 FR 81789 (December 28, 

2010)). The notices of requirements 

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 (which incorporated ASTM 

F1967–08a with modifications) and for 

testing full-size cribs to 16 CFR part 

1219 (which incorporated ASTM 

F1969–10 with modifications). This rule 

revises the references to the standards 

that are incorporated by reference in the 

CPSC’s infant bath seat and full-size crib 

standards. As discussed previously, the 

revised ASTM standards for these 

products make them substantively 

identical to the infant bath seat and fullsize crib standards that the Commission 

mandated. Thus, revising the references 

will not necessitate any change in the 

way that third party conformity 

assessment bodies are testing these 

products for compliance to CPSC 

standards. Therefore, the Commission 

considers the existing accreditations 

that the Commission has accepted for 

testing to these standards also to cover 

testing to the revised standards. 

List of Subjects in 16 CFR Parts 1215 

and 1219 

Consumer protection, Incorporation 

by reference, Imports, Infants and 

children, Law enforcement, Safety, 

Toys. 

For the reasons stated above, the 

Commission amends 16 CFR chapter II 

as follows: 


emcdonald on DSK67QTVN1PROD with RULES
45246 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 

PART 1215—SAFETY STANDARD FOR 

INFANT BATH SEATS 

■ 1. The authority citation for part 1215 

is revised to read as follows: 

Authority: Sections 3 and 104 of Pub. L. 

110–314, 122 Stat. 3016 (August 14, 2008); 

section 3 of Pub. L. 112–28, 125 Stat. 273 

(August 12, 2011). 

■ 2. Revise § 1215.2 to read as follows: 

§ 1215.2 Requirements for infant bath 

seats. 

Each infant bath seat shall comply 

with all applicable provisions of ASTM 

F1967–11a, Standard Consumer Safety 

Specification for Infant Bath Seats, 

approved September 1, 2011. The 

Director of the Federal Register 

approves the incorporation by reference 

listed in this section in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. You 

may obtain a copy of these ASTM 

standards from ASTM International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959 USA, 

phone: 610–832–9585; http:// 

www.astm.org/. You may inspect copies 

at the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814, telephone 301– 

504–7923, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federal_register/code_of_federal 

regulations/ibr_locations.html. 

PART 1219—SAFETY STANDARD FOR 

FULL-SIZE BABY CRIBS 

■ 3. The authority citation for part 1219 

is revised to read as follows: 

Authority: The Consumer Product Safety 

Improvement Act of 2008, Pub. L. 110–314, 

Sec. 104, 122 Stat. 3016 (August 14, 2008); 

section 3 of Pub. L. 112–28, 125 Stat. 273 

(August 12, 2011). 

■ 4. Revise § 1219.2 to read as follows: 

§ 1219.2 Requirements for full-size baby 

cribs. 

Each full-size baby crib shall comply 

with all applicable provisions of ASTM 

F1169–11, Standard Consumer Safety 

Specification for Full-Size Baby Cribs, 

approved August 15, 2011. The Director 

of the Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy 

from ASTM International, 100 Barr 

Harbor Drive, P.O. Box 0700, West 

Conshohocken, PA 19428; telephone 

610–832–9585; www.astm.org. You may 

inspect a copy at the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814, telephone 301–504–7923, or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Dated: July 25, 2012. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–18483 Filed 7–30–12; 8:45 am] 

BILLING CODE 6355–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Domestic Mail Manual; Incorporation 

by Reference 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service announces 

the issuance of the Mailing Standards of 

the United States Postal Service, 

Domestic Mail Manual (DMM®) dated 

June 24, 2012, and its incorporation by 

reference in the Code of Federal 

Regulations. 

DATES: This final rule is effective on July 

31, 2012. The incorporation by reference 

of the DMM dated June 24, 2012 is 

approved by the Director of the Federal 

Register as of July 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth Dobbins (202) 268–3789. 

SUPPLEMENTARY INFORMATION: The most 

recent issue of the Domestic Mail 

Manual (DMM) is dated June 24, 2012. 

This issue of the DMM contains all 

Postal Service domestic mailing 

standards, and continues to: (1) Increase 

the user’s ability to find information; (2) 

increase confidence that users have 

found all the information they need; and 

(3) reduce the need to consult multiple 

chapters of the Manual to locate 

necessary information. The issue dated 

June 24, 2012, sets forth specific 

changes, including new standards 

throughout the DMM to support the 

standards and mail preparation changes 

implemented since the version issued 

on July 5, 2011. 

Changes to mailing standards will 

continue to be published through 

Federal Register notices and the Postal 

Bulletin, and will appear in the next 

online version available via the Postal 

Explorer® Web site at: http:// 

pe.usps.com. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Incorporation by reference. 

In view of the considerations 

discussed above, the Postal Service 

hereby amends 39 CFR Part 111 as 

follows: 

PART 111—GENERAL INFORMATION 

ON POSTAL SERVICE 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Amend § 111.3 by adding a new 

entry to the table at the end of paragraph 

(f), as follows: 

§ 111.3 Amendment to the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual. 

* * * * * 

(f) * * * 

Transmittal letter for issue Dated Federal Register publication 

*******

DMM ......................................................... June 24, 2012 ....................................................... [Insert FR citation for this rule]. 


emcdonald on DSK67QTVN1PROD with RULES