This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

81825 

Vol. 89, No. 196 

Wednesday, October 9, 2024 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1215 

[Docket No. CPSC–2009–0064] 

Safety Standard for Infant Bath Seats 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: In September 2019, the U.S. 

Consumer Product Safety Commission 

(CPSC) published an update to the 

consumer product safety standard for 

infant bath seats under the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA). The standard 

incorporated by reference ASTM 

F1967–19, Standard Consumer Safety 

Specification for Infant Bath Seats, the 

voluntary standard for infant bath seats 

that was in effect at the time. ASTM has 

now issued a revised standard, ASTM 

F1967–24. The CPSIA sets forth a 

process for updating mandatory 

standards for durable infant or toddler 

products that are based on a voluntary 

standard, when a voluntary standards 

organization revises the standard. 

Consistent with the CPSIA update 

process, this direct final rule updates 

the mandatory standard to incorporate 

by reference ASTM’s 2024 version of the 

voluntary standard. 

DATES: The rule is effective on January 

4, 2025, unless the Commission receives 

a significant adverse comment by 

November 8, 2024. If the Commission 

receives such a comment, it will publish 

a document in the Federal Register, 

withdrawing this direct final rule before 

its effective date. The incorporation by 

reference of the publication listed in 

this rule is approved by the Director of 

the Federal Register as of January 4, 

2025. 

ADDRESSES: You can submit comments, 

identified by Docket No. CPSC–2009– 

0064, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by email, except as 

described below. CPSC encourages you 

to submit electronic comments by using 

the Federal eRulemaking Portal. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or courier to: Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. If you wish to submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

https://www.regulations.gov. Do not 

submit through this website: 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

wish to submit such information, please 

submit it according to the instructions 

for mail/hand delivery/courier/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2009–0064, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: Will 

Cusey, Small Business Ombudsman, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7945 or (888) 531–9070; email: 

sbo@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statutory Authority 

Section 104(b)(1) of the CPSIA 

requires the Commission to assess the 

effectiveness of voluntary standards for 

durable infant or toddler products and 

adopt mandatory standards for these 

products. 15 U.S.C. 2056a(b)(1). The 

mandatory standard must be 

‘‘substantially the same as’’ the 

voluntary standard, or it may be ‘‘more 

stringent than’’ the voluntary standard, 

if the Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. Id. 

Section 104(b)(4)(B) of the CPSIA 

specifies the process for updating the 

Commission’s rules when a voluntary 

standards organization revises a 

standard that the Commission 

incorporated by reference under section 

104(b)(1). First, the voluntary standards 

organization must notify the 

Commission of the revision. Once the 

Commission receives this notification, 

the Commission may reject or accept the 

revised standard. The Commission may 

reject the revised standard by notifying 

the voluntary standards organization, 

within 90 days of receiving notice of the 

revision, that it has determined that the 

revised standard does not improve the 

safety of the consumer product and that 

it is retaining the existing standard. If 

the Commission does not take this 

action to reject the revised standard, the 

revised voluntary standard will be 

considered a consumer product safety 

standard issued under section 9 of the 

Consumer Product Safety Act (CPSA; 15 

U.S.C. 2058), effective 180 days after the 

Commission received notification of the 

revision or on a later date specified by 

the Commission in the Federal Register. 

15 U.S.C. 2056a(b)(4)(B). 

B. Safety Standard for Infant Bath Seats 

Under section 104(b)(1) of the CPSIA, 

the Commission published a mandatory 

standard for infant bath seats, codified 

in 16 CFR part 1215, ‘‘Safety Standard 

for Infant Bath Seats.’’ The rule 

incorporated by reference the thencurrent voluntary standard, ASTM 

F1967–08a, Standard Consumer Safety 

Specification for Infant Bath Seats, with 

modifications to make the standard 

more stringent. 75 FR 31691 (June 4, 

2010). ASTM F1967 applies to infant 

bath seats, which it describes as 

products used in a bath tub, sink, or 

similar bathing enclosure and that 

provide support, at a minimum, to the 

front and back of a seated infant during 

bathing by a caregiver. The mandatory 


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1 In 2018 and 2019, ASTM approved two more 

revisions: ASTM F1967–18 and ASTM F1967–19. 

ASTM did not notify CPSC of the publication of the 

2018 version of the voluntary standard. However, 

in June 2019 ASTM notified the Commission of the 

2019 revision to the voluntary standard for infant 

bath seats, which included the changes in the 2018 

version of the standard. 

2The Commission voted 5–0 to approve this 

notice on September 17, 2024. 

3According to ASTM F1967–24, Safety Tread 

Strips are defined as commercially available 

adhesive backed safety tread strips for bath tub use 

that are rectangular, approximately 0.75 in. wide by 

7 in. or greater in length. The corners may be 

filleted with a radius that does not exceed 1⁄2 the 

width. Safety tread strips are to be applied by the 

person or the lab that is performing the stability test 

for infant bath seats. 

standard includes performance 

requirements and test methods, as well 

as requirements for warning labels and 

instructions, to address hazards to 

children. 

The voluntary standard has been 

revised five times since 2010, and the 

Commission updated part 1215 upon 

each notice of revision from ASTM: 

2012 (77 FR 45242 (July 31, 2012)), 2013 

(78 FR 73692 (Dec. 9, 2013)), and 2019 

(84 FR 49435 (Sep. 20, 2019)).1 ASTM 

F1967–19 is the current mandatory 

standard incorporated by reference in 

part 1215. 

Most recently, in July 2024, ASTM 

published another revision to the 

voluntary standard for infant bath seats, 

approving ASTM F1967–24. On July 8, 

2024, ASTM notified CPSC of the 

revision. On July 18, 2024, the 

Commission published a notice of 

availability of the revised voluntary 

standard in the Federal Register and 

sought comments on the effect of the 

revisions. 89 FR 58303. CPSC did not 

receive any comments. 

As discussed below, based on staff’s 

review of ASTM F1967–24, the 

Commission will allow the revised 

voluntary standard to become the 

mandatory standard for infant bath seats 

because the revised requirements in the 

voluntary standard improve the safety of 

infant bath seats overall, and none of the 

revised requirements reduce safety.2

Accordingly, by operation of law under 

section 104(b)(4)(B) of the CPSIA, 

ASTM F1967–24 will become the 

mandatory consumer product safety 

standard for infant bath seats on January 

4, 2025. 15 U.S.C. 2056a(b)(4)(B). This 

direct final rule updates part 1215 to 

incorporate by reference the revised 

voluntary standard, ASTM F1967–24. 

II. Revisions to ASTM F1967 

ASTM F1967–24 includes a few 

substantive additions and revisions, as 

well as clarifications and editorial 

revisions. 

A. Substantive and Clarifying Revisions 

ASTM F1967–24 contains substantive 

changes to testing requirements in 

section 7.4.1.2 that clarify the test 

surface used in the stability test 

procedure. The revisions clarify that 

bath seats intended to contact the 

bottom surface of the bath tub must be 

tested on both Test Surface #1 and Test 

Surface #2. As defined in the voluntary 

standard, Test Surface #1 is any area on 

the bottom surface of the bath tub where 

safety tread strips 3 are applied; and Test 

Surface #2 is any area on the bottom 

surface of the bath tub where safety 

tread slips are not applied. In general, 

Test Surface #1 is considered the most 

onerous testing surface for products 

utilizing suction cups on the bottom 

surface for stability because safety tread 

strips make it more difficult for suction 

cups to adhere to the surface. 

ASTM F1967–19 states that the 

stability test must be conducted using 

all relevant surfaces and is not clear that 

all bath seats that come into contact 

with the bottom surface of the bath tub 

must be tested on both Test Surface #1 

and Test Surface #2. The language in 

ASTM F1967–19 implies that the choice 

of testing surface(s) may be at the 

discretion of the manufacturer. For 

example, if the manufacturer’s use 

instructions for a bath seat state ‘‘only 

for use on smooth surfaces,’’ application 

of ASTM F1967–19 could be interpreted 

so that the bath seat should only be 

evaluated on Testing Surface #2. 

Allowing manufacturers to decide 

which testing surface(s) the product 

should be evaluated on may lead to 

some bath seats only being tested on the 

one surface on which they perform best, 

while ignoring how the product 

performs on a more onerous testing 

surface. Accordingly, requiring all bath 

seats that come into contact with the 

bottom surface of the bath tub to use 

both test surfaces will promote 

consistency across different test labs 

and improve the safety of infant bath 

seats. 

In addition, ASTM F1967–24 contains 

substantive changes to testing 

requirements in section 7.4.1.1 that 

relate to specifications for the test 

platform (i.e., the bath tub on which the 

infant bath seat is placed for the 

stability test). ASTM F1967–24 now 

requires the test platform to be ‘‘alcovestyle’’ and no longer requires all 

surfaces of the tub to be ‘‘smooth’’ or 

that the side ledge of the tub must have 

any certain uniform thickness. As 

indicated above, a smooth surface 

generally provides the most favorable 

testing surface for products utilizing 

suction cups on the bottom surface for 

stability because rough surfaces make it 

more difficult for suction cups to adhere 

to the surface. Because section 7.4.1.2 in 

ASTM F1967–24 clarifies that testing is 

necessary on both Test Surface #1 and 

Test Surface #2, removing ‘‘smooth’’ 

from the bath tub description should not 

impact test results. Also, ASTM F1967– 

24 updates and removes certain 

dimension requirements of the test 

platform in Figure 3 and removes 

Figures 4 and 5, which had illustrated 

the side sectional views of the test 

platform. 

ASTM made these revisions because 

of the current unavailability of the bath 

tub described and specified in ASTM 

F1967–19. Staff’s market research 

identified the most common style of 

bath tub as an ‘‘Alcove’’ tub, meaning a 

rectangular tub that is intended to be 

surrounded by tile or similar waterproof 

material walls, and a textured or grit 

floor surface. Bath tubs currently 

available on the market typically have a 

textured or grit floor surface to provide 

slip resistance to the floor; ASTM 

members and staff report that it is 

challenging to find a bath tub with a 

smooth surface. In addition, the most 

common size of bath tubs available is 60 

inches long by 30 inches wide. A 

similar overall exterior length and width 

could be discerned from Figure 3 in 

ASTM F1967–19. However, the bath tub 

make, and model shown in Figure 3, 

including the side dimensions in 

Figures 4 and 5 of ASTM F1967–19, is 

no longer available, and many of the 

dimensions are not relevant to testing 

bath seats available on the market. The 

revised Figure 3 dimensions in ASTM 

F1967–24, making clear the overall 60 x 

30-inch exterior length and width, 

reflect current market availability and 

remove unnecessary dimensions from 

the test platform. The removal of 

Figures 4 and 5 in ASTM F1967–24 that 

display bath tub thickness dimensions 

is consistent with these revisions to 

Figure 3 and description of the test 

platform. However, these changes are 

neutral to safety because they do not 

impact the outcome of performance 

testing. 

The proposed dimension and 

description changes will still allow labs 

to use the bath tub described by ASTM 

F1967–19 for infant bath seat 

evaluations and will not cause any 

procedural or equipment changes. These 

changes are being implemented because 

the bath tub described by the standard 

in ASTM F1967–19 no longer exists on 

the market, which would prevent future 

labs from meeting the equipment 

requirements to become International 

Organization for Standardization (ISO) 

accredited and CPSC-accepted to 


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4 15 U.S.C. 1278a. 

5 15 U.S.C. 2057c. 

6 15 U.S.C. 2063(a)(5). 

perform infant bath seat testing in 

accordance with part 1215. Because the 

changes to the test platform will not 

impact the testing procedure of 

currently approved labs and will not 

affect test results for bath seats currently 

available on the market, CPSC considers 

these changes to be neutral to safety. 

B. Non-Substantive Revisions 

ASTM F1967–24 also includes several 

minor additions and revisions that are 

editorial and do not alter any 

substantive requirements in the 

standard. The revised standard updates 

certain contact information as well as 

section and figure numbers to reflect 

revised sections and figures. ASTM also 

updated the Rationale section of the 

standard to provide explanatory 

information about the 2024 standard 

revisions. Because these revisions do 

not change any substantive testing or 

labeling requirements, they are neutral 

regarding the safety of infant bath seats. 

III. Incorporation by Reference 

Section 1215.2 of the direct final rule 

incorporates by reference ASTM F1967– 

24. The Office of the Federal Register 

(OFR) has regulations regarding 

incorporation by reference. 1 CFR part 

51. Under these regulations, agencies 

must discuss, in the preamble to a final 

rule, ways in which the material the 

agency incorporates by reference is 

reasonably available to interested 

parties and how interested parties can 

obtain the material. In addition, the 

preamble to the final rule must 

summarize the material. 1 CFR 51.5(b). 

In accordance with the OFR 

regulations, section II of this preamble 

summarizes the revisions to ASTM 

F1967–24 that the Commission 

incorporates by reference into 16 CFR 

part 1215. The standard is reasonably 

available to interested parties in several 

ways. Until the direct final rule takes 

effect, a read-only copy of ASTM 

F1967–24 is available for viewing on 

ASTM’s website at: www.astm.org/ 

CPSC.htm. Once the rule takes effect, a 

read-only copy of the standard will be 

available for viewing on the ASTM 

website at: www.astm.org/ 

READINGLIBRARY/. Additionally, 

interested parties can purchase a copy 

of ASTM F1967–24 from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959; phone: (610) 832–9500; 

www.astm.org. Finally, interested 

parties can schedule an appointment to 

inspect a copy of the standard at CPSC’s 

Office of the Secretary, U.S. Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814; 

telephone: (301) 504–7479; email: cpscos@cpsc.gov. 

IV. Certification 

Section 14(a) of the CPSA (15 U.S.C. 

2063(a)) requires manufacturers, 

including importers, of products subject 

to a consumer product safety rule under 

the CPSA, or to a similar rule, ban, 

standard, or regulation under any other 

act enforced by the Commission, to 

certify that the products comply with all 

applicable CPSC requirements. 15 

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

be based on a test of each product, or 

on a reasonable testing program, or, for 

children’s products, on tests of a 

sufficient number of samples by a CPSCaccepted third party conformity 

assessment body accredited to test 

according to the applicable 

requirements. As noted, standards 

issued under section 104(b)(1)(B) of the 

CPSIA are ‘‘consumer product safety 

standards.’’ Thus, they are subject to the 

testing and certification requirements of 

section 14 of the CPSA. 

Because infant bath seats are 

children’s products, a CPSC-accepted 

third party conformity assessment body 

must test samples of the products. 

Products subject to part 1215 also must 

comply with all other applicable CPSC 

requirements, such as the lead content 

requirements in section 101 of the 

CPSIA; 4 the phthalates prohibitions in 

section 108 of the CPSIA 5 and 16 CFR 

part 1307; the tracking label 

requirements in section 14(a)(5) of the 

CPSA; 6 and the consumer registration 

form requirements in 16 CFR part 1130. 

ASTM F1967–24 makes no changes that 

would impact any of these existing 

requirements. 

V. Notice of Requirements 

In accordance with section 

14(a)(3)(B)(vi) of the CPSA, the 

Commission previously published a 

notice of requirements (NOR) for 

accreditation of third party conformity 

assessment bodies (third party labs) for 

testing infant bath seats. 75 FR 31688 

(June 4, 2010). The NOR provided the 

criteria and process for CPSC to accept 

accreditation of third party conformity 

assessment bodies for testing infant bath 

seats to 16 CFR part 1215. The NORs for 

all mandatory standards for durable 

infant or toddler products are listed in 

the Commission’s rule, ‘‘Requirements 

Pertaining to Third Party Conformity 

Assessment Bodies,’’ codified in 16 CFR 

part 1112. The NOR for accreditation of 

third party labs for testing infant bath 

seats is codified at 16 CFR 1112.15(b)(2). 

As previously mentioned in this 

preamble to the direct final rule, the 

changes to the test platform will not 

change the way that third party labs test 

infant bath seats for compliance with 

the safety standard for infant bath seats. 

The dimension and description changes 

to the test platform will still allow labs 

to use the bath tub described by ASTM 

F1967–19 for infant bath seat 

evaluations and will not cause any 

procedural or equipment changes. 

Testing laboratories that have 

demonstrated competence for testing in 

accordance with ASTM F1967–19 will 

have the competence to test in 

accordance with the revised standard 

ASTM F1967–24. Therefore, the 

Commission considers the existing 

CPSC-accepted laboratories for testing to 

ASTM F1967–19 to be capable of testing 

to ASTM F1967–24 as well. 

Accordingly, the existing NOR for this 

standard will remain in place, and 

CPSC-accepted third party conformity 

assessment bodies are expected to 

update the scope of the testing 

laboratories’ accreditation to reflect the 

revised standard in the normal course of 

renewing their accreditation. 

VI. Direct Final Rule Process 

On July 18, 2024, the Commission 

provided notice in the Federal Register 

of the 2024 revision to ASTM F1967 and 

requested comment on whether the 

revision improves the safety of infant 

bath seats covered by the standard. 89 

FR 58303. CPSC did not receive any 

comments. Now, the Commission is 

issuing this rule as a direct final rule. 

Although the Administrative Procedure 

Act (APA; 5 U.S.C. 551–559) generally 

requires agencies to provide notice of a 

rule and an opportunity for interested 

parties to comment on it, section 553 of 

the APA provides an exception when 

the agency ‘‘for good cause finds’’ that 

notice and comment are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Id. 553(b)(B). The Commission 

concludes that when it updates a 

reference to an ASTM standard that the 

Commission incorporated by reference 

under section 104(b) of the CPSIA, 

notice and comment are not necessary. 

The purpose of this direct final rule 

is to update the reference in the Code of 

Federal Regulations (CFR) so that it 

reflects the version of the standard that 

takes effect by statute. This rule updates 

the reference in the CFR, but under the 

terms of the CPSIA, ASTM F1967–24 

would take effect as the new CPSC 

standard for infant bath seats in the 

absence of any action by the 

Commission. Thus, public comments 


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81828 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

would not lead to substantive changes 

to the standard or to the effect of the 

revised standard as a consumer product 

safety rule under section 104(b) of the 

CPSIA. Under these circumstances, 

notice and comment are unnecessary. 

In Recommendation 95–4, the 

Administrative Conference of the 

United States (ACUS) endorses direct 

final rulemaking as an appropriate 

procedure to expedite rules that are 

noncontroversial and that are not 

expected to generate significant adverse 

comments. See 60 FR 43108 (Aug. 18, 

1995). ACUS recommends that agencies 

use the direct final rule process when 

they act under the ‘‘unnecessary’’ prong 

of the good cause exemption in 5 U.S.C. 

553(b)(B). Consistent with the ACUS 

recommendation, the Commission is 

publishing this rule as a direct final 

rule, because CPSC does not expect any 

significant adverse comments. CPSC did 

not receive any adverse comments about 

the requirements in this update in 

response to the Notice of Availability 

published on July 18, 2024. 

Unless CPSC receives a significant 

adverse comment within 30 days of this 

notification, the rule will become 

effective on January 4, 2025. In 

accordance with ACUS’s 

recommendation, the Commission 

considers a significant adverse comment 

to be ‘‘one where the commenter 

explains why the rule would be 

inappropriate,’’ including an assertion 

that undermines ‘‘the rule’s underlying 

premise or approach,’’ or a showing that 

the rule ‘‘would be ineffective or 

unacceptable without change.’’ 60 FR 

43108, 43111. As noted, this rule 

updates a reference in the CFR to reflect 

a change that occurs by statute. 

If the Commission receives a 

significant adverse comment, the 

Commission will withdraw this direct 

final rule. Depending on the comment 

and other circumstances, the 

Commission may then incorporate the 

adverse comment into a subsequent 

direct final rule or publish a notice of 

proposed rulemaking, providing an 

opportunity for public comment. 

VII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA; 

5 U.S.C. 601–612) generally requires 

agencies to review proposed and final 

rules for their potential economic 

impact on small entities, including 

small businesses, and prepare regulatory 

flexibility analyses. 5 U.S.C. 603, 604. 

The RFA applies to any rule that is 

subject to notice and comment 

procedures under section 553 of the 

APA. Id. As discussed in section VI of 

this preamble, the Commission has 

determined that further notice and the 

opportunity to comment are 

unnecessary for this rule. Therefore, the 

RFA does not apply. CPSC also notes 

the limited nature of this document, 

which merely updates the incorporation 

by reference to reflect the mandatory 

CPSC standard that takes effect under 

section 104 of the CPSIA. 

VIII. Paperwork Reduction Act 

The current mandatory standard 

includes requirements for marking, 

labeling, and instructional literature that 

constitute a ‘‘collection of information,’’ 

as defined in the Paperwork Reduction 

Act (PRA; 44 U.S.C. 3501–3521). The 

Commission took the steps required by 

the PRA for information collections 

when it promulgated 16 CFR part 1215, 

and the marking, labeling, and 

instructional literature for infant bath 

seats are currently approved under OMB 

Control Number 3041–0159. The 

revision does not affect the information 

collection requirements or approval 

related to the standard. 

IX. Environmental Considerations 

The Commission’s regulations 

provide for a categorical exclusion from 

any requirement to prepare an 

environmental assessment or an 

environmental impact statement where 

they ‘‘have little or no potential for 

affecting the human environment.’’ 16 

CFR 1021.5(c). This rule falls within the 

categorical exclusion, so no 

environmental assessment or 

environmental impact statement is 

required. 

X. Preemption 

Section 26(a) of the CPSA provides 

that where a consumer product safety 

standard is in effect and applies to a 

product, no state or political 

subdivision of a state may either 

establish or continue in effect a 

requirement dealing with the same risk 

of injury unless the state requirement is 

identical to the Federal standard. 15 

U.S.C. 2075(a). Section 26(c) of the 

CPSA also provides that states or 

political subdivisions of states may 

apply to CPSC for an exemption from 

this preemption under certain 

circumstances. Section 104(b) of the 

CPSIA deems rules issued under that 

provision ‘‘consumer product safety 

standards.’’ Therefore, once a rule 

issued under section 104 of the CPSIA 

takes effect, it will preempt in 

accordance with section 26(a) of the 

CPSA. 

XI. Effective Date 

Under the procedure set forth in 

section 104(b)(4)(B) of the CPSIA, when 

a voluntary standards organization 

revises a standard that the Commission 

adopted as a mandatory standard, the 

revision becomes the CPSC standard 

180 days after notification to the 

Commission, unless the Commission 

determines that the revision does not 

improve the safety of the product, or the 

Commission sets a later date in the 

Federal Register. 15 U.S.C. 

2056a(b)(4)(B). The Commission is 

taking neither of those actions with 

respect to the revised standard for infant 

bath seats. Therefore, ASTM F1967–24 

automatically will take effect as the new 

mandatory standard for infant bath seats 

on January 4, 2025, 180 days after the 

Commission received notice of the 

revision. As a direct final rule, unless 

the Commission receives a significant 

adverse comment within 30 days of this 

document, the rule will become 

effective on January 4, 2025. 

XII. Congressional Review Act 

The Congressional Review Act (CRA; 

5 U.S.C. 801–808) states that before a 

rule may take effect, the agency issuing 

the rule must submit the rule, and 

certain related information, to each 

House of Congress and the Comptroller 

General. 5 U.S.C. 801(a)(1). The CRA 

submission must indicate whether the 

rule is a ‘‘major rule.’’ The CRA states 

that the Office of Information and 

Regulatory Affairs (OIRA) determines 

whether a rule qualifies as a ‘‘major 

rule.’’ 

Pursuant to the CRA, OIRA has 

determined that this rule does not 

qualify as a ‘‘major rule,’’ as defined in 

5 U.S.C. 804(2). To comply with the 

CRA, CPSC will submit the required 

information to each House of Congress 

and the Comptroller General. 

List of Subjects in 16 CFR Part 1215 

Consumer protection, Imports, 

Incorporation by reference, Infants and 

children, Labeling, Law enforcement, 

Safety, Toys. 

For the reasons discussed in the 

preamble, the Commission amends 16 

CFR chapter II as follows: 

PART 1215—SAFETY STANDARD FOR 

INFANT BATH SEATS 

■ 1. The authority citation for part 1215 

is revised to read as follows: 

Authority: 15 U.S.C. 2056a. 

■ 2. Revise § 1215.2 to read as follows: 

§ 1215.2 Requirements for infant bath 

seats. 

Each infant bath seat must comply 

with all applicable provisions of ASTM 

F1967–24, Standard Consumer Safety 

Specification for Infant Bath Seats, 

approved June 1, 2024. The Director of 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 81829 

the Federal Register approves the 

incorporation by reference listed in this 

section in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. A read-only 

copy of the standard is available for 

viewing on the ASTM website at 

www.astm.org/READINGLIBRARY/. You 

may obtain a copy of this ASTM 

standard from ASTM International, 100 

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

Conshohocken, PA 19428–2959; 

telephone: (610) 832–9500; 

www.astm.org. You may inspect a copy 

at the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814; telephone: (301) 504–7479; 

email: cpsc-os@cpsc.gov; or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fedreg.legal@

nara.gov, or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–23211 Filed 10–8–24; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. OSHA–2019–0001] 

RIN 1218–AC93 

Hazard Communication Standard 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule; correction and 

technical amendment. 

SUMMARY: OSHA is correcting several 

inadvertent errors in its Hazard 

Communication Standard (HCS) which 

were published in the Federal Register 

on May 20, 2024. The agency has 

identified several errors in the 

regulatory text and appendices to the 

HCS which pertain to the classification 

of hazardous chemicals and information 

presented on labels and Safety Data 

Sheets (SDSs). The agency believes 

these errors, although minor and 

primarily typographical in nature, 

should be addressed expeditiously to 

avoid confusion or unnecessary costs in 

the regulated community due to 

incorporation of errors on labels and 

SDSs. OSHA is continuing its review of 

the regulatory text and will issue 

another correction document to address 

additional minor errors at a later date. 

DATES: October 9, 2024. 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Mr. Frank 

Meilinger, Director, OSHA Office of 

Communications, U.S. Department of 

Labor; telephone: (202) 693–1999; 

email: meilinger.francis2@dol.gov. 

For general and technical 

information: Tiffany DeFoe, Director, 

Office of Chemical Hazards, Metals, 

Directorate of Standards and Guidance, 

OSHA, Room N–3718, U.S. Department 

of Labor, 200 Constitution Avenue NW, 

Washington, DC 20210; email 

defoe.tiffany@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

On May 20, 2024, OSHA published a 

final rule updating and revising its 

Hazard Communication Standard (HCS) 

(89 FR 44144). The final rule became 

effective on July 19, 2024. This 

document corrects several minor errors 

in the final rule. The errors addressed 

by this correction occur in § 1910.1200, 

paragraphs (d) and (f) of the regulatory 

text and in appendices A, B, and C. 

These corrections reflect the agency’s 

intent for the provisions of the final rule 

as explained in the preamble to the final 

rule. Some of these corrections are 

explained in the following discussion, 

and the table provided at the end of this 

section summarizes all the corrections 

included in this notice. 

Two of the corrections are to the 

regulatory text. First, OSHA 

inadvertently mis-numbered portions of 

paragraph (d) in the final rule, resulting 

in erroneous cross-references in other 

areas of the standard (e.g., paragraph 

(f)(1) and appendix D, table D.–1). As 

shown in OSHA’s references to 

paragraph (d) in the preamble to the 

final rule, the final economic analysis, 

and cross references in the regulatory 

text and appendix D, OSHA intended 

paragraphs (d)(1)(i)(A) and (d)(1)(i)(B) to 

be designated (d)(1)(i) and (d)(1)(ii), 

respectively (see, e.g., 89 FR 44278). To 

ensure that the regulatory text is clear 

and consistent with the agency’s intent, 

OSHA is rearranging and renumbering 

paragraph (d)(1) by incorporating the 

text currently designated as (d)(1)(ii) 

into (d)(1) and renumbering the 

provisions currently designated as 

(d)(1)(i)(A) and (d)(1)(i)(B) to (d)(1)(i) 

and (d)(1)(ii), respectively. 

Second, a phrase regarding 

transmission of labels by electronic or 

other technological means was 

inadvertently included in paragraph 

(f)(11). As OSHA’s discussion in the 

preamble of the final rule shows (89 FR 

44293), the agency did not intend to 

include this phrase in paragraph (f)(11) 

and is therefore removing it. 

The remainder of the errors corrected 

in this document are in the appendices. 

For instance, in appendix B, the 

contents of table B.13.1 were 

inadvertently placed as table B.12.1. 

OSHA only intended to change table 

B.12.1 as described in the preamble to 

the final rule (89 FR 44236). Therefore, 

the agency is correcting the text of table 

B.12.1 to align with what it proposed 

and stated it was finalizing in the 

preamble. 

Additionally, OSHA inadvertently 

inserted hazard statements for aerosols 

instead of hazard statements for 

chemical under pressure in appendix C, 

table C.4.16. Therefore, OSHA is 

updating the label elements in C.4.16, 

Chemical Under Pressure, to conform 

with the GHS, Rev. 8, consistent with 

the agency’s discussion of its intent to 

add the hazard communication 

elements for chemical under pressure 

(under the aerosol hazard class) in the 

summary and explanation to the final 

rule (89 FR 44323–44324). OSHA is also 

removing extra slashes that were 

inadvertently inserted in the prevention 

column of that table. 

Correction Summary 

The following table contains a 

summary of the corrections being made 

to the Hazard Communication Standard. 

The changes are listed by the paragraph 

or appendix they are located in. 

Standard Correction or technical amendment 

§ 1910.1200, paragraph (d)(1) ........ Change paragraph (d)(1)(i) to paragraph (d)(1) and incorporate (d)(1)(ii) into (d)(1); renumber (d)(1)(i)(A) to 

be (d)(1)(i) and (d)(1)(i)(B) to be (d)(1)(ii). 

§ 1910.1200, paragraph (f)(11)(i) .... Remove the words ‘‘either’’ and ‘‘or, with the agreement of the receiving entity, transmit the labels by electronic or other technological means’’ in the last phrase of (f)(11)(i). 

§ 1910.1200, appendix A, table 

A.1.1.

Dermal Category 1 value of ‘‘≤5’’ is corrected to read ‘‘≤50’’. 

§ 1910.1200, appendix A, 

A.1.3.6.2.4.

Change the symbol before the 10% in the second sentence of A.1.3.6.2.4 from ≤ (less than or equal to) to 

> (greater than). 


khammond on DSKJM1Z7X2PROD with RULES