```

[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Rules and Regulations]
[Pages 73692-73696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29226]

[[Page 73692]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1215, 1217 and 1219

Revisions to Safety Standards for Infant Bath Seats, Toddler 
Beds, and Full-Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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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 or CPSC) has published consumer product safety 
standards for numerous durable infant or toddler products, including 
infant bath seats, toddler beds, and full-size baby cribs. These 
standards incorporated by reference the ASTM voluntary standards 
associated with the 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, the 
CPSC is publishing this direct final rule, revising the CPSC's 
standards for infant bath seats, toddler beds, and full-size cribs, to 
incorporate by reference more recent versions of the applicable ASTM 
standards.

DATES: The rule is effective on March 24, 2014, unless we receive 
significant adverse comment by January 8, 2014. 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 March 24, 2014.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0043, by any of the following methods:
    Submit electronic comments via:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission is no longer 
accepting comments submitted by electronic mail (email), except through 
www.regulations.gov.
    Submit written submissions by:
    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 infant 
bath seat standard, contact: Keysha Walker, Office of Compliance and 
Field Operations, Consumer Product Safety Commission, 4330 East-West 
Highway, Bethesda, MD 20814-4408; telephone: (301) 504-6820; email: 
kwalker@cpsc.gov. For information related to the toddler bed standard, 
contact Daniel Dunlap, Office of Compliance and Field Operations, 
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, 
MD 20814-4408; telephone: (301) 504-7733; email: ddunlap@cpsc.gov. For 
information related to the full-size crib standard, contact Justin 
Jirgl, Office of Compliance and Field Operations, Consumer Product 
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814-4408; 
telephone: (301) 504-7814; email: jjirgl@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, toddler beds, and full-size cribs. 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 
infant or toddler standards when a voluntary standard group changes a 
voluntary standard upon which the CPSC standard was based. This 
provision states:

    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.

    Public Law 112-28, section 3.
    Notification and Review of ASTM Revisions. On September 25, 2013, 
ASTM notified CPSC of ASTM's approval and publication of revisions to 
ASTM F1967, Standard Consumer Specification for Infant Bath Seats; ASTM 
F1821, Standard Consumer Safety Specification for Toddler Beds; and 
ASTM F1169, Standard Consumer Safety Specification for Full-Size Baby 
Cribs. In the notification, ASTM stated that ASTM has revised these 
standards since the Commission adopted the earlier versions of the 
standards as CPSC mandatory standards.
    The Commission has reviewed the revisions. Under Public Law 112-28, 
the revised standards shall be considered consumer product safety 
rules, unless the Commission determines and notifies ASTM that these 
revisions do not improve the safety of these consumer products and that 
the Commission is retaining the existing standard. The Commission has 
declined to make such a determination and notification to ASTM with 
respect to these revisions. Accordingly, we are publishing this direct 
final rule, which revises the incorporation by reference included in 
each of these rules so that the Code of Federal Regulations will 
accurately reflect the revised version of the relevant ASTM standards.

[[Page 73693]]

B. Revisions to the Particular ASTM Standards

1. Infant Bath Seats

    Background. On June 4, 2010, the Commission published a final rule 
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). On 
May 16, 2012, ASTM notified the CPSC that ASTM had approved and 
published a revised version of the bath seat standard, ASTM F1967-11a. 
In accordance with Public Law 112-28, the revised standard was 
considered a consumer product safety standard issued by the Commission 
in the absence of a notification to ASTM of a Commission determination 
that the proposed revision did not improve safety. The Commission 
published a final rule incorporating by reference the revised bath seat 
standard, ASTM F1967-11a, as the Commission's standard for infant bath 
seats. 77 FR 4542 (July 31, 2012).
    Subsequently, ASTM notified us on September 25, 2013, that ASTM has 
revised ASTM's infant bath seat standard again; the current ASTM 
standard is ASTM F1967-13.
    There are several differences between ASTM F1967-11a, the version 
that CPSC currently mandates as the safety standard for bath seats, and 
the revised voluntary standard, ASTM F1967-13. In this section of the 
preamble, we summarize those differences.
    Attachment Components. The 2013 version of the ASTM standard 
contains a new definition and requirement for attachment components. 
The requirement specifies that all components needed to attach the bath 
seat to the bath tub (attachment components) must be permanently 
attached to the bath seat. Staff is aware of a bath seat design that 
provides some attachment components that are separate from the bath 
seat. With this design, consumers must install the attachment 
components, consisting of adhesive discs, on to the bath tub surface. 
If the consumer fails to install the adhesive discs or fails to install 
them properly, these bath seats pose a tip over hazard. We believe 
requiring all attachment components to be permanently attached to the 
bath seats will increase the safety of bath seats.
    Test Surface Preparation. ASTM F1967-11a specifies that bath seats 
be tested for stability on two specific test surfaces and also provides 
specific directions for preparing the test surfaces. Staff is aware of 
third party testing laboratories that interpreted one step in the 
testing preparation directions differently than ASTM intended. 
Following this alternate interpretation, the testing laboratory 
provided passing test results for some bath seats that otherwise would 
not have passed the stability requirement. Therefore, ASTM changed this 
section of the standard to specify more clearly test surface 
preparation. We believe this change will improve the safety of bath 
seats because the revised provision would prevent bath seats that 
should, in ASTM's view, be deemed non-complying from passing the 
requirement in the future.
    Definition of a Bath Seat/Restraints Systems. In 2011, ASTM changed 
the definition of a ``bath seat'' to specify better the type of support 
that a bath seat provides. Before the ASTM F1967-11a version, the 
definition of ``bath seat'' did not specify the type of support the 
product provided. The revised (and current) definition states that a 
bath seat provides, at a minimum, support to the front and back of a 
seated infant. Thus, a product with only back support is no longer 
considered a bath seat. ASTM F1967-13 removes a provision that applied 
to bath seats with only back support because the provision is no longer 
relevant, given the current definition of ``bath seat'' as a product 
with front and back support. This change thus removes an obsolete 
provision.
    Suction Cup Requirements. ASTM clarified two requirements for 
testing bath seats that use suction cups. The standard provides two 
suction cup test requirements: One provision evaluates the attachment 
between the suction cups and the test surface; the other evaluates the 
attachment of the suction cups to the bath seat itself. The first 
difference between the two versions clarifies the test requirement to 
emphasize that the bath seat must actually attach to the test surfaces 
as part of the test. The second difference specifies that this 
particular test only needs to be performed on one of the two test 
surfaces. Both revisions are clarifications.
    Markings and Labeling. ASTM made two minor changes to labeling 
requirements. One revision changed the test for label permanency to the 
relative humidity (RH) to be a range rather than a specific RH. Staff 
considers this a practical change that is needed because producing an 
exact RH for the test is difficult. The second change to the labeling 
requirements removes the word ``adult'' before the term ``caregiver'' 
in a provision that requires a warning to ``be located on the product 
so that it is visible to the [adult] caregiver.''
    Assessment. Except for the revisions for attachment components and 
test surface preparation, the revisions discussed above do not make any 
substantial change to the standard. Staff's opinion is that the new 
requirement for attachment components and the change to the test 
surface preparation provision will improve the safety of the bath 
seats. As a result, the Commission did not determine or notify ASTM 
that the revised standard does not improve the safety of infant seats.
    In accordance with Public Law 112-28, the revised ASTM standard for 
infant bath seats therefore becomes the new CPSC standard 180 days 
after the date the CPSC 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, ASTM F1967-13.

2. Toddler Beds

    Background. On April 20, 2011, the Commission published a final 
rule for toddler beds that incorporated by reference ASTM F1821-09, 
Standard Consumer Safety Specification for Toddler Beds, with several 
modifications to make the standard more stringent. 76 FR 22019 
(correction notice, 76 FR 27882 (May 13, 2011)). On May 16, 2012, ASTM 
notified the Commission that ASTM had revised ASTM's toddler bed 
standard and published ASTM F1821-11b. The CPSC reviewed the revised 
standard and concluded that the revision, ASTM F1821-11b, did not 
improve the safety of toddler beds. The revised standard contained 
several provisions for guardrail height and guardrail strength that 
were less stringent than the CPSC's existing standard in 16 CFR part 
1217. The Commission retained ASTM F1821-09 as the standard 
incorporated by reference into the CPSC's mandatory standard at 16 CFR 
part 1217. The staff briefing package discussing staff's review of ASTM 
F1821-11b is posted on the Commission's Web site at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2012/ASTMRevisioinstoSafetyStandardsforDurableInfantToddlerProducts.pdf.
    Revised Standard. On September 25, 2013, ASTM notified the 
Commission that ASTM has revised ASTM F1821 again and has published a 
new version, ASTM F1821-13. This version contains 12 significant 
changes from ASTM F1821-09. These changes bring the ASTM standard into 
accord with the CPSC's mandatory standard for toddler beds at 16 CFR 
part 1217.

[[Page 73694]]

    Assessment. Staff has concluded that the revised standard, ASTM 
F1821-13, is neutral with respect to safety as compared to the prior 
standard. Staff recommends that the Commission allow the ASTM revisions 
to the toddler bed standard to become the CPSC-mandated standards.
    Nothing in Section 104 obligates the Commission to make a 
determination that safety is not improved or to notify the applicable 
standards organization accordingly. As a result, where a proposed 
revision to the voluntary standard does not impact safety, the 
Commission has the discretion to make no determination, which would 
result in the revised voluntary standard becoming the applicable 
consumer product safety standard. In the toddler bed situation, because 
the revised standard is neutral with respect to safety, a determination 
by the Commission under the statute is not warranted and the revised 
voluntary standard will therefore become effective as a consumer 
product safety standard pursuant to the statute. The revisions bring 
ASTM F1821 into accord with the CPSC's regulation in 16 CFR part 1217.
    In accordance with Public Law 112-28, the revised ASTM standard for 
toddler beds becomes the new CPSC standard on March 24, 2014, which is 
180 days after the date we received notification of the revision from 
ASTM. The rule the Commission issues today revises the incorporation by 
reference at 16 CFR part 1217 to reference the revised ASTM standard, 
ASTM F1821-13.

3. Full-Size Cribs

    Background. On December 28, 2010, the Commission published a final 
rule for full-size cribs that incorporated by reference ASTM F1169-10, 
Standard Consumer Safety Specification for Full-Size Baby Cribs, along 
with two modifications. On May 16, 2012, ASTM notified the CPSC that 
ASTM had published a revised 2011 version of ASTM's standard, ASTM 
F1169-11. The CPSC reviewed the revised standard and determined that 
the revision, ASTM F1169-11, was essentially identical to the full-size 
crib standard that the Commission mandated at 16 CFR part 1219. Staff's 
briefing package is available at http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2012/ASTMRevisioinstoSafetyStandardsforDurableInfantToddlerProducts.pdf. In 
accordance with Pub. L. 112-28, the Commission published a final rule 
that incorporated by reference the revised full-size crib standard, 
ASTM F1169-11, as the Commission's standard for full-size cribs. 77 FR 
4542 (July 31, 2012). As noted above, ASTM notified us on September 25, 
2013, that ASTM again has revised ASTM's full-size crib standard; the 
current ASTM standard is ASTM F1169-13.
    Revised Standard. The revised standard, ASTM F1169-13, differs from 
ASTM F1169-11 (the current CPSC standard) in one aspect that is 
reflected in two sections of the revised standard. ASTM F1169-11 
requires that before and after testing a crib, the crib must comply 
with all general requirements of the standard. These general 
requirements address the distance between slats. However, the specific 
testing procedure for slats allows for one slat to fail during testing 
if the load at failure is at least 60 pounds and an additional 25 
percent of the slats are tested and meet the 80-pound force 
requirement. Thus, a tested crib potentially could comply with the 
specific testing procedures for slats even if a slat failed during 
testing, but not meet the general slat spacing requirements because of 
the failed slat. In that situation, the crib would not comply with the 
requirements in the current standard because the crib would not meet 
all of the general requirements after the crib had been tested.
    The revised standard, ASTM F1169-13, provides an exception for this 
specific situation so that a crib's failure to meet the slat spacing 
requirement under the testing circumstances described above would not 
cause the crib to be considered noncompliant.
    Assessment. The revision clarifies the intent of the ASTM standard 
and removes an unintended inconsistency. The revision does not change 
the substantive requirements of the standard.
    As previously noted, the Commission is not obligated to make a 
determination that safety is not improved or to notify the applicable 
standards organization accordingly. As a result, where a proposed 
revision to the voluntary standard does not impact safety, the 
Commission has the discretion to make no determination, which would 
result in the revised voluntary standard becoming the applicable 
consumer product safety standard. In the crib situation, because the 
revised standard is neutral with respect to safety, a determination by 
the Commission under the statute is not warranted. The revised 
voluntary standard will therefore become effective as a consumer 
product safety standard pursuant to the statute.
    In accordance with Public Law 112-28, the revised ASTM standard for 
full-size cribs becomes the new CPSC standard on March 24, 2014, which 
is 180 days after the date the CPSC 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, ASTM F1169-
13.

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.'' The Commission concludes that in the context of these 
revisions to ASTM standards upon which CPSC's durable infant or toddler 
product standards are based, which automatically become consumer 
product standards and which simply would be incorporated by reference 
into applicable regulatory provisions, notice and comment is not 
necessary.
    Without Commission action to update the incorporation by reference 
in the CPSC's mandated standards, the standard published in the Code of 
Federal Regulations will not reflect the revised ASTM standard that 
will be in effect by operation of law under Public Law 112-28. For 
accuracy and to avoid misleading the public as to the applicable 
consumer product standard, the Commission believes that issuing a rule 
revising the incorporation by reference in these circumstances is 
appropriate. In 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). 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.
    Revising the regulatory references to the ASTM standards will 
conform the regulation to the substantive change in the applicable 
consumer product standard that will occur by operation of law under 
Public Law 112-28. Public comment will not impact the substantive 
changes to the standards or the effect of the revised standards as 
consumer product safety standards under Public Law 112-28. Therefore, 
there is little for the public to comment upon.
    Unless we receive a significant adverse comment within 30 days, the

[[Page 73695]]

rule will become effective on March 24, 2014. 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.

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 the Commission receives a 
significant adverse comment within 30 days, the rule will become 
effective on March 24, 2014.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review proposed and final rules for the rules' 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, 
toddler bed, and full-size crib standards reflect changes made by 
operation of law under Public Law 112-28. Therefore, the 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

    The infant bath seat, toddler bed, and full-size crib standards 
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 (test laboratory) 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, toddler beds, and full-size cribs 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 of section 101 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 NORs for accreditation of third 
party conformity assessment bodies for testing infant bath seats (75 FR 
31688 (June 4, 2010)); toddler beds (76 FR 22030 (April 20, 2011)); and 
full-size cribs (75 FR 81789 (December 28, 2010)). The NORs 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; for testing toddler beds to 16 CFR part 1217; and for 
testing full-size cribs to 16 CFR part 1219. These NORs are listed in 
the Commission's rule, ``Requirements Pertaining to Third Party 
Conformity Assessment Bodies.'' 16 CFR part 1112.
    The revisions discussed above do not add any new provisions that 
would require a third party conformity assessment body (testing 
laboratory) to conduct additional tests. As discussed above, the infant 
bath seat revision adds a requirement that attachment components must 
be permanently attached to the bath seat. Although this is a new 
requirement, the revision does not involve a new test, only a brief 
evaluation. The revisions to the toddler bed standard bring the ASTM 
standard into accord with the CPSC standard. Thus, the revised toddler 
bed standard will not change existing test methods. The revision to the 
full-size crib standard is a clarification and will not change the 
existing test methods in that standard.
    Revising the references for the infant bath seat, toddler bed, and 
full-size crib standards will not necessitate any change in the way 
that third party conformity assessment bodies test these products for 
compliance to CPSC standards. Therefore, the Commission

[[Page 73696]]

considers the existing accreditations that the Commission has accepted 
for testing to these standards also to cover testing to the revised 
standards. The existing NORs for these standards 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 standards in the normal course of renewing their 
accreditation.

List of Subjects in 16 CFR Parts 1215, 1217, 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:

PART 1215--SAFETY STANDARD FOR INFANT BATH SEATS

0
1. The authority citation for part 1215 is revised 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 F1967-13, Standard Consumer Safety Specification for Infant 
Bath Seats, approved on August 1, 2013. 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, telephone: 
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 1217--SAFETY STANDARD FOR TODDLER BEDS

0
3. The authority citation for part 1217 is revised 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
4. Revise Sec.  1217.2 to read as follows:

Sec.  1217.2  Requirements for toddler beds.

    Each toddler bed shall comply with all applicable provisions of 
ASTM F1821-13, Standard Consumer Safety Specification for Toddler Beds, 
approved on June 1, 2013. 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.

PART 1219--SAFETY STANDARD FOR FULL-SIZE BABY CRIBS

0
5. The authority citation for part 1215 is revised 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
6. Revise Sec.  1219.2 to read as follows:

Sec.  1219.2  Requirements for full-size baby cribs.

    Each full-size baby crib shall comply with all applicable 
provisions of ASTM F1169-13, Standard Consumer Safety Specification for 
Full-Size Baby Cribs, approved May 1, 2013. 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: December 3, 2013.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2013-29226 Filed 12-6-13; 8:45 am]
BILLING CODE 6355-01-P
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