[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Pages 37729-37733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13255]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1234

[Docket No. CPSC-2015-0019]


Safety Standard for Infant Bath Tubs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: In March 2017, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for infant bath 
tubs under section 104 of the Consumer Product Safety Improvement Act 
of 2008 (CPSIA). The standard incorporated by reference the 2017 ASTM 
voluntary standard for infant bath tubs that was in effect at the time. 
The CPSIA sets forth a process for updating mandatory standards for 
durable infant or toddler products that are based on a voluntary 
standard, when the voluntary standards organization revises the 
standard. Consistent with the CPSIA's update process, the Commission 
issued a direct final rule in October 2018, that revised the 
incorporation by reference for the mandatory standard for infant bath 
tubs to reflect ASTM's revised 2018 voluntary standard. Also consistent 
with the CPSIA's update process, this direct final rule again updates 
the mandatory standard for infant bath tubs to incorporate by reference 
ASTM's 2022 version of the voluntary standard.

DATES: The rule is effective on September 24, 2022, unless CPSC 
receives a significant adverse comment by July 25, 2022. If CPSC 
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 September 24, 
2022.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2015-
0019, 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 does not accept comments 
submitted by electronic mail (email), except as described below. CPSC 
encourages you to submit electronic comments by using the Federal 
eRulemaking Portal.
    Mail/Hand Delivery/Courier Written Submissions: Submit comments by 
mail/hand delivery/courier to: Division of the Secretariat, 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: <a href="/cdn-cgi/l/email-protection#98fbe8ebfbb5f7ebd8fbe8ebfbb6fff7ee"><span class="__cf_email__" data-cfemail="eb889b9888c68498ab889b9888c58c849d">[email protected]</span></a>.
    Instructions: All submissions must include the agency name and 
docket number for this direct final rule. 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 electronically: 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 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-2015-0019, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Salman Sarwar, Compliance Officer, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7682; email: <a href="/cdn-cgi/l/email-protection#85f6f6e4f7f2e4f7c5e6f5f6e6abe2eaf3"><span class="__cf_email__" data-cfemail="7b08081a090c1a093b180b0818551c140d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

A. Background

1. 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 to adopt mandatory standards for these products. 15 U.S.C. 
2056a(b)(1). A mandatory standard must be ``substantially the same as'' 
the corresponding 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 previously 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 (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).

2. Safety Standard for Infant Bath Tubs

    Under section 104(b)(1) of the CPSIA, the Commission adopted a 
mandatory rule for infant bath tubs, codified in 16 CFR part 1234. The 
rule incorporated by reference ASTM F2670-17, Standard Consumer Safety 
Specification for Infant Bath Tubs, with no modifications. 82 FR 15615 
(March 30, 2017). At the time the Commission published the final rule, 
ASTM F2670-17 was the current version of the voluntary standard.
    In July 2018, ASTM notified CPSC that it had issued a revised 
standard for infant bath tubs, ASTM F2670-18. The Commission concluded 
that the revisions improved the safety of infant bath tubs. As such, in 
accordance with the procedures set out in section 104(b)(4)(B) of the 
CPSIA, the revised standard became the new mandatory standard for 
infant bath tubs. The Commission published a direct final

[[Page 37730]]

rule to update 16 CFR part 1234, incorporating by reference ASTM F2670-
18, with no modifications. 83 FR 53371 (Oct. 23, 2018).
    On March 28, 2022, ASTM notified CPSC that it has again revised the 
voluntary standard for infant bath tubs, by approving ASTM F2670-22 on 
March 1, 2022.\1\ As discussed in section B. Revisions to ASTM F2670, 
based on CPSC staff's review of ASTM F2670-22,\2\ the Commission will 
allow the revised voluntary standard to become the mandatory standard 
because it improves the safety of infant bath tubs.\3\ Accordingly, by 
operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F2670-22 
will become the mandatory consumer product safety standard for infant 
bath tubs on September 24, 2022. 15 U.S.C. 2056a(b)(4)(B). This direct 
final rule updates 16 CFR part 1234 to incorporate by reference the 
revised voluntary standard, ASTM F2670-22.
---------------------------------------------------------------------------

    \1\ ASTM also published ASTM F2670-22 in March 2022.
    \2\ CPSC staff's briefing package regarding ASTM F2670-22 is 
available at: https://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-Infant-Bath-Tubs.pdf?VersionId=xRDuGZaaWMa44CPG5rG2jwa0VdYy5c4M.
    \3\ The Commission voted 3-0-1 to approve this notice. Chair 
Hoehn-Saric, Commissioners Feldman and Trumka voted to approve the 
notice as drafted. Commissioner Baiocco did not vote.
---------------------------------------------------------------------------

B. Revisions to ASTM F2670

    The ASTM standard for infant bath tubs includes performance 
requirements, test methods, and requirements for warning labels and 
instructional literature, to address hazards to children associated 
with infant bath tubs. ASTM F2670-22 contains substantive revisions as 
well as editorial, non-substantive revisions. Revisions to the standard 
includes changes to language in the standard describing latching and 
locking mechanisms (i.e., mechanisms that prevent the product from 
folding or collapsing in a manner that puts the occupant at risk) and 
new marking, labeling, warning, and instructional requirements 
addressing battery-powered infant bath tubs. This section describes the 
changes in ASTM F2670-22, as compared to ASTM F2670-18, which is the 
current mandatory standard, and includes an assessment of those 
changes.

1. Substantive Revisions

a. General Requirements
    The general requirement subsection Resistance to Collapse has been 
renamed Latching and Locking Mechanism(s). Section 5.4.1 has been 
edited to state that products that fold must have a latching and 
locking mechanism(s) or other means to prevent the product from folding 
or collapsing in a manner that puts the occupant at risk of injury by 
falling out of the product or being subjected to contact or pressure by 
product components. The standard states that ``other means'' can 
include, but are not limited to, designs that utilize the occupant, an 
added component, or the water that is placed into the product to act in 
opposition to the folding action or collapse of the product. Latching 
and locking mechanisms are subject to the same general and performance 
requirements as required in 16 CFR part 1234 (some non-substantive 
changes have been made to these requirements).
    These changes improve safety, because 16 CFR part 1234 currently 
does not explicitly require folding infant bath tubs or infant bath tub 
accessories to have latching and locking mechanisms or ``other means'' 
of preventing the product from folding or collapsing.
b. Marking and Labeling
    Revisions to the 2022 standard include the addition of specific 
marking requirements for products that are battery-operated. Currently, 
16 CFR part 1234 does not contain any marking and labeling requirements 
specifically addressing battery-powered infant bath tubs. Section 8.4.1 
of the 2022 standard states that the product's battery compartment, 
battery compartment door/cover, or area immediately adjacent to the 
battery compartment must be marked or labeled permanently and legibly 
to show the correct battery polarity, size, and voltage. Products 
utilizing one or more non-replaceable batteries are exempt from this 
requirement. However, Section 8.4.2 states that products utilizing one 
or more non-replaceable batteries accessible with the use of a coin, 
screwdriver, or other common household tool shall be marked or labeled 
permanently and legibly with a statement that the batteries are not 
replaceable. If marking or labeling the product is not practicable, 
then this statement shall be in the instructions.
    In addition to on-product marking/labeling requirements, ASTM 
F2670-22 now includes specific warning requirements for battery-powered 
infant bath tubs and infant bath tub accessories packaging. Section 
8.11 states that packages of infant bath tubs and infant bath tub 
accessories that use replaceable button or coin cell batteries that are 
1.5 V or greater and that are larger than 15 mm in diameter but fit 
within the small parts cylinder (see 16 CFR 1501) shall include the 
following warning:

AWARNING

    Contains button or coin cell battery. Hazardous if swallowed--see 
instructions. This warning is subject to the formatting requirements 
found in section 8.5, which contains no substantive changes.
    The changes in this section improve safety, as they address battery 
ingestion hazards, which are not currently addressed by 16 CFR part 
1234.
c. Instructional Literature
    The requirements for instructional literature in ASTM F2670-22 now 
include cautionary and warning statements specifically for battery-
operated products, which are not addressed in 16 CFR part 1234. Section 
9.4 Cautionary and Warning Statements now requires that products that 
operate using replaceable batteries include the following:

ACAUTION

    To prevent battery leaks, which can burn skin and eyes:
    <bullet> Remove batteries when storing product for a long time.
    <bullet> Dispose of used batteries immediately.

Products that use more than one battery in any one circuit must also 
include the following statements under the same CAUTION header:

    <bullet> Always replace the entire set of batteries at one time.
    <bullet> Never mix old and new batteries, or batteries of different 
brands or types.

These changes improve safety, as they address burn hazards caused by 
battery leaks, which are not currently addressed by 16 CFR part 1234.

2. Non-Substantive Revisions

    ASTM F2670-22 also includes several non-substantive changes, such 
as spacing and formatting. ASTM also revised the language in the 
introduction and removed CPSIA from its list of referenced documents to 
bring the standard into alignment with current Ad Hoc Recommended 
Language.\4\ These changes to the text and formatting do not materially 
affect the safety of infant bath tubs.
---------------------------------------------------------------------------

    \4\ ASTM convened a task group, ASTM Ad Hoc Wording Task Group 
(Ad Hoc TG), consisting of members of the various durable nursery 
products voluntary standards committees, including CPSC staff. The 
purpose of the Ad Hoc TG is to harmonize the wording, as well as the 
warning format, across durable infant and toddler product voluntary 
standards. Ad Hoc TG recommendations were published as a reference 
document, titled, ``Ad Hoc Wording--May 4, 2016,'' as part of the 
F15 Committee Documents.

---------------------------------------------------------------------------

[[Page 37731]]

C. Incorporation by Reference

    Section 1234.2 of the direct final rule incorporates by reference 
ASTM F2670-22. 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 B. Revisions to 
ASTM F2670 of this preamble summarizes the major provisions of ASTM 
F2670-22 that the Commission incorporates by reference into 16 CFR part 
1234. The standard is reasonably available to interested parties. Until 
the direct final rule takes effect, a read-only copy of ASTM F2670-22 
is available for viewing, at no cost, on ASTM's website at: https://www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of 
the standard will be available for viewing, at no cost, on the ASTM 
website at: https://www.astm.org/READINGLIBRARY/. Interested parties 
can also schedule an appointment to inspect a copy of the standard at 
CPSC's Division of the Secretariat, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814, 
telephone: (301) 504-7479; email: <a href="/cdn-cgi/l/email-protection#9bf8ebe8f8b6f4e8dbf8ebe8f8b5fcf4ed"><span class="__cf_email__" data-cfemail="385b484b5b15574b785b484b5b165f574e">[email protected]</span></a>. Interested parties 
can purchase a copy of ASTM F2670-22 from ASTM International, 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; 
telephone: (610) 832-9585; www.astm.org.

D. Certification

    Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C. 
2051-2089) requires manufacturers 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 
third party conformity assessment body accredited by CPSC 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 tubs are children's products, a CPSC-accepted 
third party conformity assessment body must test samples of the 
products. Products subject to part 1234 also must comply with all other 
applicable CPSC requirements, such as the lead content requirements in 
section 101 of the CPSIA,\5\ the tracking label requirements in section 
14(a)(5) of the CPSA,\6\ and the consumer registration form 
requirements in section 104(d) of the CPSIA.\7\ ASTM F2670-22 makes no 
changes that would impact any of these existing requirements.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 1278a.
    \6\ 15 U.S.C. 2063(a)(5).
    \7\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------

E. 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 for testing 
infant bath tubs. 82 FR 15615 (March 30, 2017). The NOR provided the 
criteria and process for CPSC to accept accreditation of third party 
conformity assessment bodies for testing infant bath tubs to 16 CFR 
part 1234. 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. Id.
    ASTM F2670-22 did not change the testing requirements, testing 
equipment, or testing protocols for infant bath tubs. Accordingly, the 
revisions do not change the way that third party conformity assessment 
bodies test these products for compliance with the safety standard for 
infant bath tubs. Testing laboratories that have demonstrated 
competence for testing in accordance with ASTM F2670-18 therefore are 
competent to test in accordance with the revised standard ASTM F2670-
22. Laboratories will begin testing to the new standard when ASTM 
F2670-22 goes into effect, and the existing accreditations that the 
Commission has accepted for testing to this standard will cover testing 
to the revised standard. Therefore, the Commission considers the 
existing CPSC-accepted laboratories for testing to ASTM F2670-18 to be 
capable of testing to ASTM F267-22 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' accreditations to reflect the revised 
standard in the normal course of renewing their accreditations.

F. Direct Final Rule Process

    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.
    Specifically, under the process set out in section 104(b)(4)(B) of 
the CPSIA, when ASTM revises a standard that the Commission has 
previously incorporated by reference under section 104(b)(1)(B) of the 
CPSIA, that revision will become the new CPSC standard, unless the 
Commission determines that ASTM's revision does not improve the safety 
of the product. Thus, unless the Commission makes such a determination, 
the ASTM revision becomes CPSC's standard by operation of law. The 
Commission is allowing ASTM F2670-22 to become CPSC's new standard 
because its provisions improve product safety. The purpose of this 
direct final rule is to update 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 F2670-22 takes effect as the new CPSC standard 
for infant bath tubs, even if the Commission does not issue this rule. 
Thus, public comments would not alter substantive changes to the 
standard or the effect of the revised standard as a consumer product 
safety standard 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 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

[[Page 37732]]

rule, because CPSC does not expect any significant adverse comments.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, the rule will become effective on September 24, 
2022. 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 a 
change.'' 60 FR 43108, 43111 (Aug. 18, 1995). As noted, this rule 
merely updates a reference in the CFR to reflect a change that occurs 
by statute, and public comments should address this specific action.
    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.

G. 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 F. 
Direct Final Rule Process of this preamble, the Commission has 
determined that 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.

H. Paperwork Reduction Act

    The current mandatory standard for infant bath tubs 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). While the revised mandatory 
standard adds additional marking, labeling, and instructional 
literature language for battery-powered infant bath tubs, the new 
requirements would not add to the burden hours because the products 
already require marking, labeling, and instructional literature. The 
new requirements merely require a small amount of labeling language in 
addition to that already required by the standard, for infant bath tubs 
using batteries. Therefore, the new requirements are not measurably 
more burdensome than the existing requirements. The Commission took the 
steps required by the PRA for information collections when it 
promulgated 16 CFR part 1234, and the marking, labeling, and 
instructional literature for infant bath tubs are currently approved 
under OMB Control Number 3041-0159. Because the information collection 
burden is unchanged, the revision does not affect the information 
collection requirements or approval related to the standard.

I. 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 where 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.

J. 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.

K. 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 within 180 days of notification to the Commission, unless 
the Commission timely notifies the standards organization that it has 
determined 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 standard for infant bath tubs. Therefore, 
ASTM F2670-22 will take effect as the new mandatory standard for infant 
bath tubs on September 24, 2022, 180 days after March 28, 2022, when 
the Commission received notice of the revision.

L. 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 determines whether a 
rule qualifies as a ``major rule.''
    Pursuant to the CRA, 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 1234

    Consumer protection, Imports, Incorporation by reference, Imports, 
Infants and children, Law enforcement, Safety, Toys.

    For the reasons discussed in the preamble, the Commission amends 16 
CFR chapter II as follows:

PART 1234--SAFETY STANDARD FOR INFANT BATH TUBS

0
1. The authority citation for part 1234 continues to read as follows:

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, 104, 122 Stat. 3016 (August 14, 2008); Pub. L. 112-
28, 125 Stat. 273 (August 12, 2011).


0
2. Revise Sec.  1234.2 to read as follows:


Sec.  1234.2  Requirements for Infant Bath Tubs.

    Each infant bath tub must comply with all applicable provisions of 
ASTM F2670-22, Standard Consumer Safety Specification for Infant Bath 
Tubs, approved on March 1, 2022. 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. A read-only copy of the standard is available 
for viewing on the ASTM website at https://www.astm.org/

[[Page 37733]]

READINGLIBRARY/. You may obtain a copy from ASTM International, 100 
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 
telephone (610) 832-9585; www.astm.org. You may inspect a copy at the 
Division of the Secretariat, U.S. Consumer Product Safety Commission, 
Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone (301) 
504-7479, email <a href="/cdn-cgi/l/email-protection#e88b989b8bc5879ba88b989b8bc68f879e"><span class="__cf_email__" data-cfemail="a9cad9daca84c6dae9cad9daca87cec6df">[email protected]</span></a>, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, email <a href="/cdn-cgi/l/email-protection#9afce8b4f3f4e9eafff9eef3f5f4daf4fbe8fbb4fdf5ec"><span class="__cf_email__" data-cfemail="7412065a1d1a07041117001d1b1a341a1506155a131b02">[email protected]</span></a>, or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Secretary Consumer Product Safety Commission.
[FR Doc. 2022-13255 Filed 6-23-22; 8:45 am]
BILLING CODE 6355-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>