47436 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations 

above the surface within an area bounded by 

lat. 46°31′00′′ N., long. 107°00′00′′ W.; to lat. 

46°22′00′′ N., long. 106°03′00′′ W.; to lat. 

46°05′00′′ N., long. 106°21′03′′ W.; to lat. 

46°00′00′′ N., long. 107°15′00′′ W.; to lat. 

46°15′00′′ N., long. 107°16′00′′ W.; to lat. 

46°20′00′′ N., long. 107°00′00′′ W., thence to 

the point of beginning. 

Issued in Seattle, Washington, on July 26, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–19742 Filed 8–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1450 

Virginia Graeme Baker Pool and Spa 

Safety Act; Incorporation by Reference 

of Successor Standard 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission,’’ ‘‘CPSC,’’ 

or ‘‘we’’) finds the successor drain cover 

standard, ANSI/APSP–16 2011, to be in 

the public interest, and incorporates the 

standard by reference into its 

regulations implementing the Virginia 

Graeme Baker Pool and Spa Safety Act. 

DATES: The rule takes effect September 

6, 2011. The incorporation by reference 

of the publication listed in this rule is 

approved by the Director of the Federal 

Register as of September 6, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Mark Eilbert, Mechanical Engineer, 

Directorate for Laboratory Sciences, 

Consumer Product Safety Commission, 

5 Research Place, Rockville, Maryland 

20850; telephone (301) 987–2232 or 

e-mail meilbert@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. What does the Virginia Graeme 

Baker Pool and Spa Safety Act do? 

What standard is involved? 

The Virginia Graeme Baker Pool and 

Spa Safety Act (VGB Act), 15 U.S.C. 

8001 et seq., was signed into law on 

December 19, 2007, and became 

effective on December 19, 2008. The 

VGB Act’s purpose is to prevent drain 

entrapment and child drowning in 

swimming pools and spas. 

The VGB Act requires that each 

swimming pool or spa drain cover 

manufactured, distributed, or entered 

into commerce in the United States 

conform to the entrapment protection 

standards of the ANSI/ASME A112.19.8 

performance standard or any successor 

standard regulating such swimming 

pool or spa drain cover. 15 U.S.C. 

8003(b). The standard in existence at the 

time the VGB Act was passed was 

ANSI/ASME A112.19.8–2007. The VGB 

Act provides that if a successor standard 

is proposed, ASME must notify the 

Commission of the proposed revision. 

Id. The Commission, if it determines 

that the proposed revision is in the 

public interest, shall incorporate the 

revision into the standard, after 

providing 30 days’ notice to the public. 

Id. 

On August 11, 2008 and October 22, 

2009, ASME approved two addenda to 

ANSI/ASME A112.19.8–2007, namely, 

ASME A112.19.8a–2008 and ASME 

A112.19.8b–2009 (collectively referred 

to herein as ‘‘addenda’’). On February 

17, 2011, the Association of Pool and 

Spa Professionals (APSP) approved the 

ANSI/APSP/IAPMO–16 2011 standard, 

a successor standard to ASME/ANSI 

A112.19.8–2007, which is substantively 

identical to ANSI/ASME A112.19.8– 

2007 and its two addenda. (In April 

2011, IAPMO terminated its status as 

co-secretariat to the ANSI/APSP/ 

IAPMO–16 2011 standard, so ANSI/ 

APSP/IAPMO–16 2011 became ANSI/ 

APSP–16 2011.) On March 18, 2011, 

ANSI/ASME began the process of 

withdrawing the A112.19.8–2007 

standard. We have reviewed the 

successor standard, ANSI/APSP–16– 

2011, made comparisons to the 

requirements in ANSI/ASME 

A112.19.8–2007, and assessed whether 

the changes are in the public interest. 

B. What are the changes to the 

standard, and are the changes in the 

public interest? 

There were two substantive changes 

between the ANSI/ASME A112.19.8– 

2007 standard and ANSI/APSP–16 

2011, each of which was made in the 

addenda to ANSI/ASME A112.19.8– 

2007. The other changes to the standard 

were minor and were made primarily to 

add clarity to the standard. We discuss 

the substantive changes in this part of 

the preamble. 

a. Ultraviolet Light Exposure Test 

The Ultraviolet Light Exposure Test 

(UV test) subjects the plastic drain 

fitting material to the damaging effects 

of UV rays that accompany sun 

exposure when the drains are installed 

in pools and spas. (‘‘Fitting’’ is a term 

used in ANSI/ASME A112.19.8–2007 

instead of ‘‘cover.’’ ANSI/ASME 

A112.19.8–2007 indicates that ‘‘cover’’ 

is an obsolete term.) Tests for the 

structural integrity of the drain fitting 

are performed after the drain fittings are 

exposed to UV light degradation. The 

structural integrity tests subject the 

drain fitting to forces expected under 

normal use and to excessive forces 

expected under extreme conditions. 

In ANSI/ASME A112.19.8–2007, the 

UV test is conducted by a single 

method. According to section 3.2 of 

ANSI/ASME A112.19.8–2007, 12 new 

drain fittings are placed in a UV test 

chamber and exposed to UV light and 

water spray, according to the protocol in 

ASTM G154, Standard Practices for 

Operating Fluorescent Light Apparatus 

for UV Exposure of Non-metallic 

Materials. When the drain fitting is too 

large to fit in a test chamber, 

representative sections are tested to the 

intent of the structural integrity tests. 

This means that the test procedures in 

the structural integrity tests must be 

adapted to suit the diminished size/ 

shape of the drain fitting section. 

Changes to the UV testing were made 

in ANSI/ASME A112.19.8a–2008 and 

were carried over to ANSI/APSP–16 

2011. ANSI/ASME A112.19.8a–2008 

includes two UV test methods. Test 

Method 1 follows the general fullsample UV exposure in ASME 

A112.19.8–2007, with the addition of 

two more choices for the UV exposure 

protocol, specifically, ASTM G155, 

Standard Practice for Operating Xenon 

Arc Light Apparatus for Exposure of 

Non-Metallic Materials; and ASTM 

G153, Standard Practice for Operating 

Enclosed Carbon Arc Light Apparatus 

for Exposure of Nonmetallic Materials. 

Test Method 2 is an alternate UV 

exposure test. Here, the fitting 

polymeric material is molded into small 

uniform specimens. Half of the 

specimens are exposed to UV light and 

water spray, and half are not exposed. 

The exposed and unexposed (virgin) 

material specimens are then tested for 

tensile strength and impact resistance. 

The samples of the material must retain 

at least 70% of the virgin value 

(meaning that the samples, when tested, 

must retain at least 70% of the tensile 

strength and impact resistance values of 

the unexposed material) when the 

tensile strength and impact resistance 

tests are performed. The intensification 

factor, K, is defined as the inverse of the 

lowest retained portion. Thus, for 

example, if 80% of the tensile strength 

is retained in the exposed material and 

85% of the impact resistance, then the 

intensification factor is K=1/0.80=1.25. 

Complete (as sold) fittings are then 

tested to the structural integrity tests in 

sections 3.3 through 3.8 in ANSI/ASME 

A112.19.8–2007. For Test Method 1, the 

UV-exposed drain fitting is tested in the 

structural tests to the forces and 

pressures specified. This is essentially 


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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations 47437 

the same procedure from the ASME A 

112.19.8–2007 standard. For Test 

Method 2, the complete drain fitting, 

which has not been ‘‘weathered’’ in the 

UV exposure chamber, is tested in the 

structural tests to the forces and 

pressures specified, multiplied by the 

intensification factor, K. Because only 

the representative sample was 

weathered in the UV chamber, the 

intensification factor, K, is then used on 

the complete (as sold) fittings to 

simulate the weathering of the complete 

fitting. ANSI/APSP–16 2011 has 

substantially the same language and 

requirements for the Ultraviolet Light 

Exposure Test as the ASME A112.19.8a– 

2008 addendum. 

The alternate Test Method 2 in ANSI/ 

APSP–16 2011, incorporating the ANSI/ 

ASME A112.19.8a–2008 Addendum, 

offers more consistent treatment for 

large drain fittings that do not fit into 

standard UV exposure chambers. The 

use of material tests to predict the 

structural integrity of entire products is 

an established industry protocol. We 

find that this change in test methods is 

in the public interest because it will 

enhance test repeatability for large drain 

fittings. 

b. Self-Contained Spa Fittings 

Self-contained spas are manufactured 

products that include drain fittings and 

pumps. UL 1563, Standard for Safety for 

Electric Spas, Equipment Assemblies, 

and Associated Equipment, Sixth 

Edition, July 16, 2009, requires that all 

suction fittings are flow rated to ANSI/ 

ASME A112.19.8–2007 and are installed 

in multiples, such that the suction from 

the pump cannot be isolated to one 

blocked fitting. The relevance of UL 

1563 is that it contains similar 

requirements for multiple layers of 

entrapment protection to those in the 

VGB Act, but in the controlled 

environment of a single manufactured 

system. In addition to multiple drains, 

UL 1563 requires that the suction 

fittings be installed with separation on 

different planes, more than 3 feet apart, 

or have a suction limiting vent or 

gravity drainage system. Thus, system 

flows are split between two or more 

suction fittings that cannot both be 

blocked by the same body. Similarly, for 

hair entanglement, the split flow 

reduces the flow and entrapment 

potential at each suction fitting. Because 

spas have limited available space, the 

split suction allows smaller suction 

fittings and at the same time maintains 

the high flows required for the function 

of the product. 

In ANSI/ASME A112.19.8–2007, the 

product flow rating is the lesser of the 

ratings achieved in the hair and body 

entrapment tests in sections 4 and 5 of 

the standard. Each suction fitting is 

tested by direct connection to a test 

pump. Self-contained spa fittings are 

tested like any other suction fitting. The 

multiple-suction fitting requirements in 

UL 1563 are ignored. In ANSI/ASME 

A112.19.8–2007, the test flow is the 

total system flow from the pump and 

not the flow through individual suction 

fittings. As a result, suction fittings in 

self-contained spas that always perform 

in multiples are tested in isolation in 

ANSI/ASME A112.19.8–2007, without 

the mitigating effect of another source of 

water to the pump. The resultant flow 

ratings have been significantly lower in 

the hair tests, typically due to the hair 

entering and blocking the pipe behind 

the single spa suction fitting. 

In ANSI/ASME A112.19.8b–2009, 

self-contained spa fittings are treated as 

a special case in the hair tests. In the 

new section 4.2.2.1, self-contained spa 

fittings are installed in pairs. One fitting 

is tested for hair entrapment, while the 

other is free flowing. The pull from the 

water is less because the pump can pull 

water from the unblocked suction 

fitting. The new test models the actual 

installation of self-contained spa 

fittings, as required in UL 1563. The 

body block test remains unchanged with 

no special treatment for spa fittings. 

ANSI/APSP–16 2011 has substantially 

the same language and requirements as 

ASME A112.19.8b–2009 for selfcontained spa fittings. 

ANSI/APSP–16 2011, incorporating 

the ASME A112.19.8b–2009 addendum, 

corrects a severe ratings test in ASME 

A112.19.8–2007 for self-contained spa 

fittings. Modeling the requirements in 

UL 1563 ensures that manufactured spa 

drains are not isolated with a pump and 

thus, have multiple layers of safety. This 

change in test methods recognizes the 

UL 1563 spa drain requirements and is 

a more representative test of actual 

manufactured spas. We find the change 

to be in the public interest. 

C. Why is the CPSC issuing a final rule? 

Under the Administrative Procedure 

Act (5 U.S.C. 553(b)(B)), a notice of 

proposed rulemaking is not required 

when an agency, for good cause, finds 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest. The successor 

standard, ANSI/APSP–16–2011, is 

substantively identical to ANSI/ASME 

A112.19.8–2007 and its two addenda, 

and, as stated in part A of this preamble, 

ASME is in the process of withdrawing 

ANSI/ASME A112.19.8–2007. It is, 

therefore, important to have a successor 

standard in place before ANSI/ASME 

completes its withdrawal of ANSI/ 

ASME A112.19.8–2007 so that each 

swimming pool or spa drain cover 

manufactured, distributed, or entered 

into commerce in the United States 

continues to conform to entrapment 

protection standards. We are giving 30 

days’ notice of the incorporation of this 

successor standard by providing for an 

effective date 30 days following the 

rule’s publication. 

D. Paperwork Reduction Act 

This rule does not impose any 

information collection requirements. 

Accordingly, this rule is not subject to 

the Paperwork Reduction Act, 44 U.S.C. 

3501–3520. 

E. Environmental Considerations 

The Commission’s regulations 

provide a categorical exemption for the 

Commission’s rules from any 

requirement to prepare an 

environmental assessment or an 

environmental impact statement as they 

‘‘have little or no potential for affecting 

the human environment.’’ 16 CFR 

1021.5(c)(2). This rule falls within the 

categorical exemption. 

F. Preemption 

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

2075(a), provides that where a 

‘‘consumer product safety standard 

under [the 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.) Section 

8003(a) of the VGB Act provides that the 

requirements in section 8003(b) of the 

VGB Act ‘‘shall be treated as a consumer 

product safety rule issued by the 

Consumer Product Safety Commission 

under the Consumer Product Safety 

Act.’’ Therefore, this rule will invoke 

the preemptive effect of section 26(a) of 

the CPSA when it becomes effective. 

List of Subjects in 16 CFR Part 1450 

Consumer protection, Incorporation 

by reference, Infants and children, Law 

enforcement. 

For the reasons stated above, the 

Commission amends title 16 of the Code 

of the Federal Regulations as follows: 

PART 1450—VIRGINIA GRAEME 

BAKER POOL AND SPA SAFETY ACT 

REGULATIONS 

■ 1. The authority citation for part 1450 

continues to read as follows: 


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47438 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations 

1We originally adopted the Filer Manual on April 

1, 1993, with an effective date of April 26, 1993. 

Release No. 33–6986 (April 1, 1993) [58 FR 18638]. 

We implemented the most recent update to the Filer 

Manual on January 11, 2011. See Release No. 33– 

9169 (January 5, 2011) [76 FR 1514]. 

2This is the filer assistance software we provide 

filers filing on the EDGAR system. 

3See Rule 301 of Regulation S–T (17 CFR 

232.301). 

4See Release No. 33–9169 (January 5, 2011) [76 

FR 1514] in which we implemented EDGAR Release 

10.4. For additional history of Filer Manual rules, 

please see the cites therein. 

Authority: 15 U.S.C. 2051–2089, 86 Stat. 

1207; 15 U.S.C. 8001–8008, 121 Stat. 1794. 

■ 2. Add § 1450.3 to read as follows: 

§ 1450.3 Incorporation by Reference. 

(a) Each swimming pool or spa drain 

cover manufactured, distributed, or 

entered into commerce in the United 

States shall conform to the entrapment 

protection standards of ANSI/APSP–16 

2011, Suction Fittings for Use in 

Swimming Pools, Wading Pools, Spas, 

and Hot Tubs, approved on February 17, 

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 the Association of 

Pool & Spa Professionals, 2111 

Eisenhower Avenue, Alexandria, 

Virginia 22314; http://www.apsp.org, 

telephone 703–838–0083. 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. 

(b) [Reserved] 

Dated: August 2, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–19861 Filed 8–4–11; 8:45 am] 

BILLING CODE 6355–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9246; 34–64996; 39–2477; 

IC–29740] 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (the Commission) is 

adopting revisions to the Electronic Data 

Gathering, Analysis, and Retrieval 

System (EDGAR) Filer Manual to reflect 

updates to the EDGAR system. The 

revisions are being made primarily to 

retire the offline EDGARLink tool and 

the associated templates; to support the 

electronic filing of submission form 

types 13H, 13H–A, 13H–Q, 13H–I, 13H– 

T, 13H–R, for large trader registration, 

and N–PX–CR, N–PX–FM, N–PX–NT, 

N–PX–VR and their amendments; to 

update submission form types N–PX 

and N–PX/A; to update the OMB 

information on Forms 3, 4, 5, and 25– 

NSE; to support minor validation 

updates for Form N–MFP submissions; 

and to add four new applicant types to 

the Form ID. The EDGAR system is 

scheduled to be upgraded to support 

this functionality on August 1, 2011. 

The filer manual is also being revised 

to address changes previously made in 

EDGAR. 

DATES: Effective Date: August 5, 2011. 

The incorporation by reference of the 

EDGAR Filer Manual is approved by the 

Director of the Federal Register as of 

August 5, 2011. 

FOR FURTHER INFORMATION CONTACT: In 

the Division of Corporation Finance, for 

questions concerning Form 8–K Item 

1.04, Exhibit 95, and Forms 3, 4, 5 

contact Cecile Peters, Chief, Office of 

Information Technology, at (202) 551– 

3600; in the Division of Investment 

Management for questions regarding 

submission form types N–PX, N–PX/A, 

N–PX–CR, N–PX–FM, N–PX–NT, N– 

PX–VR, and Form N–MFP contact Ruth 

Armfield Sanders, Senior Special 

Counsel, Office of Legal and Disclosure, 

at (202) 551–6989; in the Division of 

Trading and Markets for questions 

concerning Form 13H contact Richard 

R. Holley III, Senior Special Counsel, at 

(202) 551–5614, for questions 

concerning addition of new applicant 

types contact Catherine Moore, at (202) 

551–5718, and for questions concerning 

Submission form type 25–NSE contact 

Steven Kuan, at (202) 551–5624 ; in the 

Office of Interactive Disclosure for 

questions concerning US GAAP 2011 

Taxonomy contact Jeffrey Naumann, 

Assistant Director of the Office of 

Interactive Disclosure, at (202) 551– 

5352 and in the Office of Information 

Technology, contact Rick Heroux, at 

(202) 551–8800. 

SUPPLEMENTARY INFORMATION: We are 

adopting an updated EDGAR Filer 

Manual, Volume I, Volume II, and 

Volume III. The Filer Manual describes 

the technical formatting requirements 

for the preparation and submission of 

electronic filings through the EDGAR 

system.1 It also describes the 

requirements for filing using 

EDGARLink Online,2 and the Online 

Forms/XML Web site. 

The revisions to the Filer Manual 

reflect changes within Volume I entitled 

EDGAR Filer Manual, Volume I: 

‘‘General Information,’’ Version 10 

(August 2011), Volume II entitled 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 17 (August 

2011), and Volume III entitled EDGAR 

Filer Manual Volume III: ‘‘N–SAR 

Supplement’’ Version 2 (August 2011). 

The updated manual will be 

incorporated by reference into the Code 

of Federal Regulations. 

The Filer Manual contains all the 

technical specifications for filers to 

submit filings using the EDGAR system. 

Filers must comply with the applicable 

provisions of the Filer Manual in order 

to assure the timely acceptance and 

processing of filings made in electronic 

format.3 Filers may consult the Filer 

Manual in conjunction with our rules 

governing mandated electronic filing 

when preparing documents for 

electronic submission.4

The EDGAR system will be upgraded 

to Release 11.2 on August 1, 2011 and 

will retire the offline EDGARLink tool 

and the associated templates. As 

communicated in a notice posted on 

April 26, 2011 on the Information for 

EDGAR Filers Web page (http:// 

www.sec.gov/info/edgar.shtml), starting 

August 1, 2011, filings created by the 

offline tool EDGARLink client or those 

constructed by filers according to the 

EDGAR XFDL Technical Specification 

will no longer be accepted by EDGAR. 

The EDGARLink Online Application, 

available from the EDGAR Filing Web 

site (https://www.edgarfiling.sec.gov/), 

must be used to file all submissions 

previously supported by the offline 

EDGARLink tool. Those filers that use 

the EDGAR XFDL Technical 

Specification to create filer-constructed 

submissions without the use of the 

EDGARLink tool, and wish to do the 

same outside of the EDGARLink Online 

Application, can do so by following the 

EDGARLink Online XML Technical 

Specification, available from the 

Information for EDGAR Filers Web page. 

New submission form types 13H, 

13H–A, 13H–Q, 13H–I, 13H–T, and 

13H–R will be added to the EDGAR 

Filing Web site and will be available for 

use if the Commission adopts a final 

rule associated with Proposing Release 


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