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Code · REGISTER · 2024-10-09 · Agency Health Agency for Healthcare Research and Quality NOTICES Statement of Organization, Functions, and Delegations of Authority, 81915-81917 2024-23316 Agency Agency for International Development · Unknown

Unknown. Direct final rule

6,321 words·~29 min read·/register/2024/10/09/2024-23211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2024-10-09.xml --- 89 196 Wednesday, October 9, 2024 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Statement of Organization, Functions, and Delegations of Authority, 81915-81917 2024-23316 Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Monitoring, Evaluation and Research under the Foreign Assistance Act, 81880 2024-23284 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 81917-81918 2024-23395 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Services Block Grant Annual Report, 81918-81919 2024-23271 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Living Administration Community Living Administration NOTICES Single-Source Supplement:
University Center for Excellence in Developmental Disabilities Core Function Activities, 81919-81920 2024-23377 Consumer Product Consumer Product Safety Commission RULES Safety Standard: Infant Bath Seats, 81825-81829 2024-23211 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment, 81994-82071 2024-21950 NOTICES Performance Review Board Members, 81896-81897 2024-23267 2024-23268 Environmental Protection Environmental Protection Agency RULES Vessel Incidental Discharge National Standards of Performance, 82074-82158 2024-22013 NOTICES Hearings, Meetings, Proceedings, etc.:
National Environmental Youth Advisory Council, 81912-81913 2024-23314 Pending Approval for Other Use of Phosphogypsum, 81910-81912 2024-23294 Federal Aviation Federal Aviation Administration NOTICES Petition for Exemption; Summary: International Aero Engines, LLC, 81978-81979 2024-23337 Federal Emergency Federal Emergency Management Agency NOTICES Metropolitan Statistical Area Used in Grant Programs, 81925-81927 2024-23365 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 81902-81904 2024-23298 Application: Cheyenne Plains Gas Pipeline Co., LLC, Natural Gas Pipeline Co. of America, LLC, 81906-81908 2024-23301 Combined Filings, 81898, 81900-81901, 81904-81906, 81908-81909 2024-23302 2024-23304 2024-23389 2024-23390 Effectiveness of Exempt Wholesale Generator Status: Cross Town Energy Storage, LLC; Cranberry Point Energy Storage, LLC; Morrow Lake Solar, LLC, et al., 81898 2024-23386 Effectiveness of Withdrawal of Request for Temporary Variance:
Lake Lynn Generation, LLC, 81897 2024-23296 Environmental Assessments; Availability, etc.: Black Bayou Gas Storage, LLC, Black Bayou Gas Storage Project, 81909-81910 2024-23303 Filing: Florida Power and Light Co., 81901-81902 2024-23391 Institution of Section 206 Proceeding and Refund Effective Date: Puget Sound Energy, Inc., 81899-81900, 81904 2024-23299 2024-23300 Permits; Applications, Issuances, etc.: Desert Bloom Energy Storage, LLC, 81910 2024-23385 Request for Extension of Time:
Equitrans, LP, 81897-81898 2024-23388 Trailblazer Pipeline Co. LLC and Rockies Express Pipeline LLC, 81898-81899 2024-23387 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 81913 2024-23396 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Epilepsy and Seizure Disorders, 81983-81985 2024-23358 2024-23359 Qualification of Drivers; Hearing, 81979-81982 2024-23356 2024-23357 2024-23360 Federal Railroad Federal Railroad Administration NOTICES Petition for Extension of Waiver of Compliance, 81985-81987 2024-23334 2024-23335 Petition for Waiver of Compliance, 81986 2024-23336 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 81913-81914 2024-23352 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 81914 2024-23353 Federal Trade Federal Trade Commission PROPOSED RULES Petition for Rulemaking: Consumer Technology Association, 81871 2024-23272 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Foreign Endangered Species, 81928-81930 2024-23344 Foreign Trade Foreign-Trade Zones Board NOTICES Designation of New Grantee:
Foreign-Trade Zone 30, Salt Lake City, UT, 81880 2024-23378 General Services General Services Administration NOTICES Hearings, Meetings, Proceedings, etc.: Federal Acquisition Regulatory Council; In-Person and Virtual Listening Session, 81914-81915 2024-23343 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Evaluation of the Maternal and Child Health Bureau Pediatric Mental Health Care Access Program and the Screening and Treatment for Maternal Mental Health and Substance Use Disorders Program, 81920-81922 2024-23293 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Industry Industry and Security Bureau NOTICES Denial of Export Privileges: URAL Airlines JSC, 81881-81884 2024-23351 Hearings, Meetings, Proceedings, etc.:
Emerging Technology Technical Advisory Committee, 81880-81881 2024-23328 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Entities Wholly Owned by Indian Tribal Governments, 81871-81878 2024-23142 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81988-81989 2024-23295 2024-23383 Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Burden Related to Information Reporting for Certain Life Insurance Contract Transactions, 81989-81990 2024-23394 Hearings, Meetings, Proceedings, etc.: Taxpayer Advocacy Panel Joint Committee, 81988 2024-23313 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 81987-81988 2024-23308 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 81991 2024-23311 Taxpayer Advocacy Panel's Notices and Correspondence Project Committee, 81990 2024-23307 Taxpayer Advocacy Panel's Special Projects Committee, 81987 2024-23309 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 81988-81989 2024-23310 Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee, 81990-81991 2024-23312 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany, 81886-81887 2024-23330 Certain Quartz Surface Products from the People's Republic of China, 81887-81888 2024-23332 Mattresses from Serbia, 81888-81889 2024-23331 Oil Country Tubular Goods from the Republic of Turkey, 81884-81886 2024-23382 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Wi-Fi Routers, Wi-Fi Devices, Mesh Wi-Fi Network Devices, and Hardware and Software Components Thereof, 81939-81940 2024-23326 Large Residential Washers from Mexico, 81940 2024-23379 Raw Flexible Magnets from China and Taiwan, 81938-81939 2024-23273 Justice Department Justice Department NOTICES Proposed Consent Decree:
CERCLA, 81940-81941 2024-23324 Clean Air Act, 81941 2024-23306 Toxic Substances Control Act, 81940 2024-23034 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Labor Organization and Auxiliary Reports; Correction, 81941 2024-23346 Secure Transfer, Research-Use Data Lake, 81941-81942 2024-23364 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Ventilation Plans, Tests, and Examinations in Underground Coal Mines, 81942-81949 2024-23373 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Communications Research, 81950-81951 2024-23338 NASA Assurance of Civil Rights Compliance, 81951 2024-23333 National Archives National Archives and Records Administration NOTICES Records Schedules; Withdrawal, 81951-81952 2024-23329 National Endowment for the Humanities National Endowment for the Humanities NOTICES Hearings, Meetings, Proceedings, etc.:
Humanities Panel, 81952-81953 2024-23362 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standard: No. 213, Child Restraint Systems; No. 213a, Child Restraint Systems—Side Impact Protection; No. 213b, Child Restraint Systems, 81836-81848 2024-22448 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.:
Visiting Committee on Advanced Technology, 81889-81890 2024-23384 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 81923-81925 2024-23350 2024-23354 National Institute of Allergy and Infectious Diseases, 81923-81925 2024-23323 2024-23361 National Institute of Neurological Disorders and Stroke, 81924 2024-23355 National Institute on Alcohol Abuse and Alcoholism, 81925 2024-23321 National Institute on Drug Abuse, 81922-81923 2024-23322 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species:
Technical Correction for the Coral Fimbriaphyllia paradivisa, 81867-81869 2024-23317 Fisheries of the Northeastern United States: Atlantic Herring Fishery; Adjustment to the 2024 Specifications, 81869-81870 2024-23318 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Repair and Replacement of the Q8 Bulkhead at Naval Station Norfolk, 81848-81867 2024-23392 PROPOSED RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan;
Amendment 34; Groundfish Exclusion Area for Coral Research and Restoration, 81878-81879 2024-23262 NOTICES Environmental Impact Statements; Availability, etc.: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Secretarial Amendment to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region, 81892-81893 2024-23320 Hearings, Meetings, Proceedings, etc.: New England Fishery Management Council, 81893-81894 2024-23278 North Pacific Fishery Management Council, 81890-81891 2024-23281 Pacific Fishery Management Council, 81894 2024-23305 South Atlantic Fishery Management Council, 81891 2024-23279 Southeast Data, Assessment, and Review Webinar, 81890 2024-23280 Implementation Timeline for the Modernized National Spatial Reference System, 81891-81892 2024-23347 National Park National Park Service NOTICES Inventory Completion:
Department of the Interior, Bureau of Land Management, New Mexico State Office, Santa Fe, NM, and New Mexico Junior College, Western Heritage Museum and Lea County Cowboy Hall of Fame, Hobbs, NM, 81937-81938 2024-23371 Hastings Museum, Hastings, NE, 81936-81937 2024-23370 The Fort Ticonderoga Association, Ticonderoga, NY, 81934-81936 2024-23368 2024-23366 2024-23367 U.S. Army Garrison Fort Cavazos, Fort Cavazos, TX, 81936 2024-23372 University of Tennessee, Department of Anthropology, Knoxville, TN, 81930-81934 2024-23369 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Financial Protection Requirements and Indemnity Agreements, 81953-81954 2024-23342 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Hazard Communication Standard, 81829-81836 2024-23144 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: COVID-19 Recordkeeping and Reporting in Healthcare Standard, 81949-81950 2024-23363 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Matters Related to First Inventor to File, 81894-81896 2024-23349 Performance Review Board Members, 81896 2024-23315 Personnel Personnel Management Office NOTICES Hearings, Meetings, Proceedings, etc.: Federal Salary Council, 81954 2024-23348 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 81954-81956 2024-23398 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Child Health Day (Proc. 10833), 81823-81824 2024-23458 Fire Prevention Week (Proc. 10830), 81815-81816 2024-23455 German-American Day (Proc. 10832), 81821-81822 2024-23457 National Community Policing Week (Proc. 10831), 81817-81819 2024-23456 Securities Securities and Exchange Commission NOTICES Application:
Sound Point Alternative Income Fund, Felicitas Private Markets Fund and Skypoint Capital Advisors, LLC, 81968-81969 2024-23375 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 81956-81958 2024-23291 Cboe BZX Exchange, Inc., 81966-81968 2024-23290 Cboe EDGA Exchange, Inc., 81969-81970 2024-23288 Cboe EDGX Exchange, Inc., 81976-81978 2024-23289 Investors Exchange, LLC, 81971-81976 2024-23286 The Nasdaq Stock Market, LLC, 81956 2024-23287 The Options Clearing Corp., 81958-81966 2024-23292 Small Business Small Business Administration NOTICES Disaster Declaration:
Virginia, 81978 2024-23345 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adult Citizenship Educator of the Year, 81927-81928 2024-23374 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Survey of Veteran Enrollees' Health and Use of Health Care, 81991 2024-23380 Hearings, Meetings, Proceedings, etc.: Advisory Committee on Prosthetics and Special-Disabilities Programs, 81992 2024-23269 Separate Parts In This Issue Part II Energy Department, 81994-82071 2024-21950 Part III Environmental Protection Agency, 82074-82158 2024-22013 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 196 Wednesday, October 9, 2024 Rules and Regulations 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 then-current 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 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. 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. 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. 2 The Commission voted 5-0 to approve this notice on September 17, 2024. 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. 3 According 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. 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 “alcove-style” 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 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: *cpsc-os@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 CPSC-accepted 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. 4 15 U.S.C. 1278a. 5 15 U.S.C. 2057c. 6 15 U.S.C. 2063(a)(5). 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 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 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]
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