83 FR 53371 - Revisions to Safety Standard for Infant Bath Tubs

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 205 (October 23, 2018)

In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC), in March 2017, published a consumer product safety standard for infant bath tubs. The standard incorporated by reference the applicable ASTM voluntary standard. The CPSIA sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC's standard for infant bath tubs to incorporate by reference a more recent version of the applicable ASTM standard.

[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Rules and Regulations]
[Pages 53371-53375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23071]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1234

[Docket No. CPSC-2015-0019]


Revisions to Safety Standard for Infant Bath Tubs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In accordance with section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product 
Safety Commission (CPSC), in March 2017, published a consumer product 
safety standard for infant bath tubs. The standard incorporated by 
reference the applicable ASTM voluntary standard. The CPSIA sets forth 
a process for updating standards that the Commission has issued under 
the authority of section 104(b) of the CPSIA. In accordance with that 
process, we are publishing this direct final rule, revising the CPSC's 
standard for infant bath tubs to incorporate by reference a more recent 
version of the applicable ASTM standard.

DATES: The rule is effective on January 15, 2019, unless we receive 
significant adverse comment by November 23, 2018. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publication 
listed in this rule is approved by the Director of the Federal Register 
as of January 15, 2019.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0019, by any of the following methods:
    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (email), except through www.regulations.gov.
    Submit written submissions as follows:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions) 
to: Division of the Secretariat, Consumer Product Safety Commission, 
Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: 301-504-6820; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

A. Authority To Update Rules Issued Under Section 104(b) of the CPSIA

    Section 104(b)(1)(B) of the CPSIA, also known as the Danny Keysar 
Child Product Safety Notification Act, requires the Commission to 
promulgate consumer product safety standards for durable infant or 
toddler products. The law requires that these standards are to be 
``substantially the same as'' applicable voluntary standards or more 
stringent than the voluntary standards if the Commission concludes that 
more stringent requirements would further reduce the risk of injury 
associated with the product.
    Section 104(b) of the CPSIA also sets forth a process for updating 
CPSC's mandatory durable infant or toddler standards when the voluntary 
standard upon which such standards are based are modified. Section 
104(b)(4)(B) of the CPSIA provides that if an organization revises a 
standard that has been adopted, in whole or in part, as a consumer 
product safety standard under this subsection, it shall notify the 
Commission. By statute, the revised voluntary standard shall be 
considered to be a consumer product safety standard issued by the 
Commission under section 9 of the Consumer Product Safety Act (15 
U.S.C. 2058), effective 180 days after the date on which the 
organization notifies the Commission (or such later date

[[Page 53372]]

specified by the Commission in the Federal Register) unless, within 90 
days after receiving that notice, the Commission notifies the 
organization that it has determined that the proposed revision does not 
improve the safety of the consumer product covered by the standard and 
that the Commission is retaining the existing consumer product safety 
standard.

B. Safety Standard for Infant Bath Tubs

    The Commission issued a safety standard for infant bath tubs on 
March 30, 2017, codified at 16 CFR part 1234. 82 FR 15615. The bath tub 
standard incorporated by reference the then-current voluntary standard 
for infant bath tubs, ASTM F2670-17, Standard Consumer Safety 
Specification for Infant Bath Tubs. Paragraph 3.1.2 of ASTM F2670-17 
defines an ``infant bath tub'' as a ``tub, enclosure, or other similar 
product intended to hold water and be placed into an adult bath tub, 
sink, or on top of other surfaces to provide support or containment, or 
both, for an infant in a reclining, sitting, or standing position 
during bathing by a caregiver.'' Paragraph 1.1 of ASTM F2670-17 
specifically excludes ``products commonly known as bath slings, 
typically made of fabric or mesh'' from the scope of the standard. 
However, the preambles to proposed and final rules for infant bath tubs 
discuss that ASTM was working to include accessories in the 
standard.\1\ In 2017, CPSC staff recommended proceeding with the final 
rule intending to update the mandatory rule after updating the 
voluntary standard to include infant bath tub accessories. See March 
15, 2017, Briefing Package regarding Staff's Final Rule for Infant Bath 
Tubs Under the Danny Keysar Child Product Safety Notification Act, at 
13-14.\2\
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    \1\ See Proposed Rule for Infant Bath Tubs: 80 FR 48769, 48770, 
84772 (August 14, 2015) (noting that infant slings are excluded from 
the voluntary standard and that CPSC staff was working with two ASTM 
task groups created to address injuries associated with the use of 
infant bath slings); Final Rule for Infant Bath Tubs: 82 FR 15615, 
15619 (March 30, 2017). Section IV.F of the final rule describes 
that the Commission is moving forward with a final rule while CPSC 
staff continues to work with two ASTM task groups to address the 
risk of injury associated with the use of infant bath slings. The 
final rule states that if the ASTM standard is revised to address 
infant bath slings, Commission staff will evaluate the revised 
standard and advise the Commission whether to update the mandatory 
standard to incorporate by reference any revised standard at that 
time.
    \2\ Available at: https://www.cpsc.gov/s3fs-public/Final%20Rule%20-%20Safety%20Standard%20for%20Infant%20Bath%20Tubs%20-%20March%2015%202017.pdf.
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C. Notification of Recent Revision

    On July 19, 2018, ASTM officially notified the CPSC that ASTM 
published a revised 2018 version of ASTM F2670, approved on March 1, 
2018. The revised ASTM F2670 includes bath tub accessories and 
specifies other minor changes, as discussed below in section II of this 
preamble. By statute, the revised ASTM F2670-18 shall be considered a 
consumer product safety standard issued by the Commission, effective 
180 days after July 19, 2018 (January 15, 2019), unless the Commission 
specifies a later effective date in the Federal Register, or notifies 
ASTM within 90 days of July 19, 2018 (October 17, 2018) that the 
Commission has determined that the proposed revision does not improve 
the safety of infant bath tubs and that the Commission will retain ASTM 
F2670-17 as the mandatory standard.

D. Updating the Incorporation by Reference

    As reviewed in sections II and VI of this preamble, the Commission 
determines that the proposed revision in ASTM F2670-18 improves the 
safety of infant bath tubs, and therefore, will allow the revision to 
become a consumer product safety standard effective January 15, 2019. 
Accordingly, the Commission is revising the incorporation by reference 
in 16 CFR 1234.2 to reference ASTM F2670-18.

II. Revisions to ASTM F2670

    The 2018 revision to ASTM F2670 expands the scope of the voluntary 
standard to include accessories used with an infant bath tub, includes 
new performance tests for accessories used with infant bath tubs, and 
makes corresponding changes to product labeling and instructions. ASTM 
F2670-18 also includes several non-substantive changes that do not 
affect safety, such as spacing, formatting, and language stating that 
ASTM developed the standard in accordance with principles recognized by 
the World Trade Organization. None of these changes affects the safety 
of infant bath tubs. Accordingly, below we summarize the major 
revisions made in ASTM F2670-18.

A. Introduction and Scope

    ASTM F2670-17 specifically excludes infant bath tub accessories 
from the bath tub standard. The revised ASTM F2670-18 now explicitly 
states that included within the scope of the standard are ``slings, 
pads, inserts and similar accessories when such accessories are used 
with the infant bath tub.'' Adding bath tub accessories to the scope of 
the standard improves the safety of infant bath tubs because the 
revision is intended to address product failure incidents involving 
accessories, which are now included with the sale of some infant bath 
tubs.

B. Terminology

    The revised standard includes six new definitions to address the 
addition of infant bath tub accessories and other changes recommended 
by the ASTM subcommittee for consistency across juvenile product safety 
standards. New terms include ``double action release system,'' 
``fabric,'' ``infant bath tub accessory,'' ``product,'' ``protective 
component,'' and ``seam.'' Paragraph 3.1.5 of ASTM F2670-18 defines 
``infant bath tub accessory'' as a ``component or product sold with an 
infant bath tub or sold separately and that is intended to be attached 
or placed on or in an infant bath tub for the purpose of supporting an 
infant during bathing by an adult caregiver.'' \3\ Revisions in ASTM 
F2670-18 use this definition to expand the scope of the voluntary 
standard and apply new testing and labeling requirements to such 
products to reduce the risk of injury associated with the use of infant 
bath tub accessories used with an infant bath tub.
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    \3\ Paragraph 3.1.5.1 further explains that an infant bath tub 
accessory may also be used as a standalone product, but that mode is 
not covered by ASTM F2670-18. ASTM is currently working on a new 
voluntary standard to cover standalone infant bathers. Moreover, 
other bath tub accessories that are not intended to support an 
infant while bathing, such as soap, towel holder, water pump, or a 
shower handle, are also not included within the definition of 
``infant bath tub accessory.''
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C. General Requirements

    ASTM F2670-18 contains revised general requirements that now 
include infant bath tub accessories, such as the general requirement 
for Resistance to Collapse. Paragraph 5.4.1 requires that infant bath 
tub accessories must contain latching and locking mechanisms to prevent 
the unintentional collapse of the product with the infant in the 
product, using either a single or double action release system as 
described in paragraphs 5.4.1.1 and 5.4.1.2, and that meet the new 
testing requirements in section 7 of the standard. The majority of 
incidents noted in the proposed and final rules for infant bath tubs 
involved bath tub accessories that collapsed during use. Accordingly, 
revising general requirements to address this risk of injury improves 
the safety of infant bath tubs when used with infant bath tub 
accessories.
    Changes in paragraphs 5.7 and 5.8 of ASTM F2670-18 improve the 
safety of infant bath tub accessories by extending

[[Page 53373]]

the existing requirements for protective components and toys to include 
infant bath tub accessories. Paragraph 5.10 of the revised standard, 
Compliance with Multi-use Products, is a new provision aimed at 
addressing infant bath tub accessories that can be used alone or with 
an infant bath tub. ASTM F2670-18 only applies to infant bath tub 
accessories when used with an infant bath tub. Paragraph 5.10 states 
that if an infant bath tub accessory can be used as a standalone 
product that is subject to a different standard, the product must be 
tested and comply with the requirements of that standard as well. 
Paragraph 5.10 ensures that infant bath tub accessories are tested to 
every applicable standard. This revision improves safety by ensuring 
that existing requirements apply to infant bath tub accessories, and by 
ensuring that all use modes of infant bath tub accessories are required 
to be in compliance with applicable standards.

D. Performance Requirements

    Paragraph 6.4 of ASTM F2670-18 includes new performance testing for 
infant bath tub accessories, Structural Integrity/Attachment of Infant 
Bath Tub Accessories. The new requirements include: Static and dynamic 
load testing to ensure that accessories stay attached to the bath tub 
during use; integrity and strength testing for fabric and mesh 
accessories to ensure no material breakage, disengagement, detachment, 
or change in the ability to support an infant; and seam strength 
testing of fabric and mesh accessories to ensure a breakage strength of 
30 lbf or greater. The addition of performance requirements for infant 
bath tub accessories improves safety because the requirements are 
intended to address the incident data reports involving infant bath tub 
accessories, as described in the proposed and final rules for infant 
bath tubs, that previously were not covered by the voluntary or 
mandatory standard.

E. Test Methods

    Paragraph 7 of ASTM F2670-18 contains the test methods to determine 
whether the product complies with the performance requirements in 
paragraph 6, including the new testing requirements for bath tub 
accessories. Revisions to paragraph 7.1, Latching and Locking 
Mechanism(s), add 730 cycles of testing on latching and locking 
mechanisms for an infant bath tub accessory while maintaining 2000 
cycles of testing on the bath tub. The number of cycles for testing 
accessories is lower than bath tubs, with the assumption that consumers 
will use the accessory for a shorter length of time (while the infant 
cannot sit up unassisted) than the bath tub. The addition of paragraphs 
7.6 Structural Integrity--Infant Bath Tub Accessory and 7.7 Mesh/Fabric 
Attachment Strength Test Method, provide new testing requirements that 
correspond to the performance requirements in paragraph 6. For example, 
the test method for the dynamic load test acknowledges that infants are 
not stationary and move around on the accessories. The new test methods 
for infant bath tub accessories in paragraph 7 of ASTM F2670-18 
adequately determine compliance with the performance requirements in 
paragraph 6 of the standard, and therefore improve safety.

F. Marking and Labeling

    Revisions to the marking and labeling section in paragraph 8 of the 
2018 revised standard include requiring the same drowning and fall 
hazard warnings on infant bath tub accessories as are on the bath tub, 
except ``infant bath tub accessories'' replaces ``infant bath tub.'' 
ASTM F2670-18 provides that manufacturers can use one set of labels, 
solely on the bath tub, if the warnings on the bath tub are visible 
while the accessory is in place, and the accessory can only be used 
while on the bath tub. This requirement prevents over-labeling, which 
can lead to warning saturation and consumers disregarding warnings. To 
allow the single label on the bath tub to include the accessories, the 
hazard statements in paragraphs 8.5.1.1 and 8.5.2.1 were changed from 
``exactly as stated'' to ``shall address.'' Use of the phrase ``shall 
address'' allows manufacturers to combine the infant bath tub and 
infant bath tub accessory hazard statements to be merged to read: 
``Drowning Hazard: Babies have drowned while using infant bath tubs and 
infant bath tub accessories.'' When infant bath tub accessories are 
sold separately, ASTM F2670-18 requires that the drowning and fall 
hazard warnings appear on the retail packaging, unless such warnings on 
the product are not concealed by the packaging.

G. Instructional Literature

    The requirements for instructional literature in paragraph 9 of 
ASTM F2670-18 have been broadened to include infant bath tub 
accessories, similar to the marking and labeling section of the revised 
standard (paragraph 8).

III. Incorporation by Reference

    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble to the final rule, ways that the 
materials the agency incorporates by reference are reasonably available 
to interested persons, and how interested parties can obtain the 
materials. In addition, the preamble to the final rule must summarize 
the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, section II of this 
preamble summarizes the substantive revisions in ASTM F2670-18 that the 
Commission incorporates by reference into 16 CFR part 1234. The 
standard is reasonably available to interested parties, and interested 
parties may purchase a copy of the standard from ASTM International, 
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 
USA; phone: 610-832-9585; http://www.astm.org/. A copy of the standard 
can also be inspected at CPSC's Division of the Secretariat, U.S. 
Consumer Product Safety Commission, Room 820, 4330 East West Highway, 
Bethesda, MD 20814, telephone 301-504-7923.

IV. Certification

    Section 14(a) of the CPSA requires that products subject to a 
consumer product safety rule under the CPSA, or to a similar rule, ban, 
standard, or regulation under any other act enforced by the Commission, 
be certified as complying with all applicable CPSC requirements. 15 
U.S.C. 2063(a). Such certification must be based on a test of each 
product, or on a reasonable testing program, or, for children's 
products, on tests of a sufficient number of samples by a third party 
conformity assessment body accredited by the Commission to test 
according to the applicable requirements. Standards for durable infant 
or toddler products that are issued under section 104(b)(1)(B) of the 
CPSIA are ``consumer product safety standards.'' Thus, the revised 
standard for infant bath tubs is subject to the testing and 
certification requirements of section 14 of the CPSA.
    Because infant bath tubs are children's products, samples of these 
products must be tested by a third party conformity assessment body 
whose accreditation has been accepted by the Commission. These products 
also must comply with all other applicable CPSC requirements, such as 
the lead content requirements in section 101 of the CPSIA, the 
phthalates prohibitions in section 108 of the CPSIA, the tracking

[[Page 53374]]

label requirement in section 14(a)(5) of the CPSA, and the consumer 
registration form requirements in section 104(b) of the CPSIA.

V. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSA, the 
Commission has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
infant bath tubs (78 FR 15836 (March 12, 2013) (final rule for 16 CFR 
part 1112); 82 FR 15626 (final rule for infant bath tubs updating part 
1112)). The NOR provided the criteria and process for our acceptance of 
accreditation of third party conformity assessment bodies for testing 
infant bath tubs to 16 CFR part 1234 (which incorporated ASTM F2670-
17). The NOR is listed in the Commission's rule, ``Requirements 
Pertaining to Third Party Conformity Assessment Bodies.'' 16 CFR part 
1112.
    Staff's analysis of the new testing requirements in ASTM F2670-18 
for infant bath tub accessories concludes that such testing does not 
require use of new or specialized equipment that is different than 
testing equipment for ASTM F2670-17. Staff states that testing 
accessories pursuant to ASTM F2670-18 requires use of existing testing 
equipment and similar testing protocols that are used to test infant 
bath tubs, with minor adjustments. For example, the new dynamic test 
for accessories uses the same testing equipment as the static load test 
already in the standard. Moreover, staff states that the revised 
standard provides clear instructions and figures to describe the load 
placement for accessory testing. Testing laboratories that have 
previously demonstrated competence for testing in accordance with ASTM 
F2670-17 will have the competence to test in accordance with the 
revised standard. Therefore, the Commission will consider the existing 
accreditations that CPSC has accepted for testing to ASTM F2670-17 to 
also cover testing to F2670-18. In this case, 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. CPSC staff will notify 
all CPSC-accepted labs by direct email and will provide links to the 
Federal Register notice to explain the changes to the standard and the 
effective date.

VI. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the 
Commission updates a reference to an ASTM standard that the Commission 
has incorporated by reference under section 104(b) of the CPSIA, notice 
and comment are not necessary.
    The process set forth in section 104(b)(4)(B) of the CPSIA 
specifies that when ASTM revises a standard previously incorporated by 
reference by the Commission as a durable infant or toddler product 
under section 104(b)(1)(b) of the CPSIA, the 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 F2670-18 
to become CPSC's new standard. The purpose of this direct final rule is 
merely to update the reference in the Code of Federal Regulations 
(CFR), so that the CFR accurately reflects the version of the standard 
that takes effect by statute. Public comment will not impact the 
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 not 
necessary.
    The Commission also highlights that in Recommendation 95-4, the 
Administrative Conference of the United States (ACUS) endorsed direct 
final rulemaking as an appropriate procedure to expedite promulgating 
rules that are noncontroversial and that are not expected to generate 
significant adverse comment. See 60 FR 43108 (August 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 we do 
not expect any significant adverse comments.
    Unless the Commission receives a significant adverse comment within 
30 days, the rule becomes effective on January 15, 2019. In accordance 
with ACUS's recommendation, the Commission considers a significant 
adverse comment to be one where the commenter explains why the rule 
would be inappropriate, including an assertion challenging the rule's 
underlying premise or approach, or a claim that the rule would be 
ineffective or unacceptable without change.
    Should the Commission receive a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comments and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies 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 and 604. The RFA applies 
to any rule that is subject to notice and comment procedures under 
section 553 of the APA. Id. As explained above, the Commission has 
determined that notice and comment are not necessary for this direct 
final rule. Thus, the RFA does not apply. We also note the limited 
nature of this document, which 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 infant bath tub standard contains information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The current revision to incorporate by reference a new version 
of ASTM F2670 makes no changes to the information collection previously 
established for infant bath tubs. Thus, the revision will not have any 
effect on the information collection requirements related to the 
standard.

IX. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This direct final rule falls within the categorical 
exclusion, so no environmental assessment or environmental impact 
statement is required.

[[Page 53375]]

X. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the Consumer Product Safety 
Act (CPSA)]'' is in effect and applies to a product, no state or 
political subdivision of a state may either establish or continue in 
effect a requirement dealing with the same risk of injury, unless the 
state requirement is identical to the federal standard. Section 26(c) 
of the CPSA also provides that states or political subdivisions of 
states may apply to the Commission for an exemption from this 
preemption under certain circumstances.
    Section 104(b)(1)(B) of the CPSIA refers to the rules to be issued 
under that section as ``consumer product safety standards,'' thus, 
implying that the preemptive effect of section 26(a) of the CPSA would 
apply. Therefore, a rule issued under section 104 of the CPSIA will 
invoke the preemptive effect of section 26(a) of the CPSA when it 
becomes effective.

XI. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standard organization revises a standard upon which a 
consumer product safety standard issued under section 104(b) of the 
CPSIA was based, the revision becomes the CPSC standard within 180 days 
of notification to the Commission, unless the Commission determines 
that the revision does not improve the safety of the product, or the 
Commission sets a later date in the Federal Register. The Commission 
has not set a different effective date. Thus, in accordance with this 
provision, this rule takes effect 180 days after we received 
notification from ASTM of revisions to these standards. As discussed in 
the preceding section, this is a direct final rule. Unless we receive a 
significant adverse comment within 30 days, the rule will become 
effective on January 15, 2019.

List of Subjects in 16 CFR Part 1234

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Labeling, Law enforcement, bath tub, and Toys.

    For the reasons stated above, the Commission amends Title 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, Sec.  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 F2670-18, Standard Consumer Safety Specification for Infant Bath 
Tubs, approved on March 1, 2018. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy from ASTM 
International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, 
PA 19428; http://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 301-504-7923, 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/cfr/ibr_locations.html.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-23071 Filed 10-22-18; 8:45 am]
 BILLING CODE 6355-01-P