[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Rules and Regulations]
[Pages 47436-47438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19861]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1450


Virginia Graeme Baker Pool and Spa Safety Act; Incorporation by 
Reference of Successor Standard

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (``Commission,'' 
``CPSC,'' or ``we'') finds the successor drain cover standard, ANSI/
APSP-16 2011, to be in the public interest, and incorporates the 
standard by reference into its regulations implementing the Virginia 
Graeme Baker Pool and Spa Safety Act.

DATES: The rule takes effect September 6, 2011. The incorporation by 
reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of September 6, 2011.

FOR FURTHER INFORMATION CONTACT: Mark Eilbert, Mechanical Engineer, 
Directorate for Laboratory Sciences, Consumer Product Safety 
Commission, 5 Research Place, Rockville, Maryland 20850; telephone 
(301) 987-2232 or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. What does the Virginia Graeme Baker Pool and Spa Safety Act do? What 
standard is involved?

    The Virginia Graeme Baker Pool and Spa Safety Act (VGB Act), 15 
U.S.C. 8001 et seq., was signed into law on December 19, 2007, and 
became effective on December 19, 2008. The VGB Act's purpose is to 
prevent drain entrapment and child drowning in swimming pools and spas.
    The VGB Act requires that each swimming pool or spa drain cover 
manufactured, distributed, or entered into commerce in the United 
States conform to the entrapment protection standards of the ANSI/ASME 
A112.19.8 performance standard or any successor standard regulating 
such swimming pool or spa drain cover. 15 U.S.C. 8003(b). The standard 
in existence at the time the VGB Act was passed was ANSI/ASME 
A112.19.8-2007. The VGB Act provides that if a successor standard is 
proposed, ASME must notify the Commission of the proposed revision. Id. 
The Commission, if it determines that the proposed revision is in the 
public interest, shall incorporate the revision into the standard, 
after providing 30 days' notice to the public. Id.
    On August 11, 2008 and October 22, 2009, ASME approved two addenda 
to ANSI/ASME A112.19.8-2007, namely, ASME A112.19.8a-2008 and ASME 
A112.19.8b-2009 (collectively referred to herein as ``addenda''). On 
February 17, 2011, the Association of Pool and Spa Professionals (APSP) 
approved the ANSI/APSP/IAPMO-16 2011 standard, a successor standard to 
ASME/ANSI A112.19.8-2007, which is substantively identical to ANSI/ASME 
A112.19.8-2007 and its two addenda. (In April 2011, IAPMO terminated 
its status as co-secretariat to the ANSI/APSP/IAPMO-16 2011 standard, 
so ANSI/APSP/IAPMO-16 2011 became ANSI/APSP-16 2011.) On March 18, 
2011, ANSI/ASME began the process of withdrawing the A112.19.8-2007 
standard. We have reviewed the successor standard, ANSI/APSP-16-2011, 
made comparisons to the requirements in ANSI/ASME A112.19.8-2007, and 
assessed whether the changes are in the public interest.

B. What are the changes to the standard, and are the changes in the 
public interest?

    There were two substantive changes between the ANSI/ASME A112.19.8-
2007 standard and ANSI/APSP-16 2011, each of which was made in the 
addenda to ANSI/ASME A112.19.8-2007. The other changes to the standard 
were minor and were made primarily to add clarity to the standard. We 
discuss the substantive changes in this part of the preamble.

a. Ultraviolet Light Exposure Test

    The Ultraviolet Light Exposure Test (UV test) subjects the plastic 
drain fitting material to the damaging effects of UV rays that 
accompany sun exposure when the drains are installed in pools and spas. 
(``Fitting'' is a term used in ANSI/ASME A112.19.8-2007 instead of 
``cover.'' ANSI/ASME A112.19.8-2007 indicates that ``cover'' is an 
obsolete term.) Tests for the structural integrity of the drain fitting 
are performed after the drain fittings are exposed to UV light 
degradation. The structural integrity tests subject the drain fitting 
to forces expected under normal use and to excessive forces expected 
under extreme conditions.
    In ANSI/ASME A112.19.8-2007, the UV test is conducted by a single 
method. According to section 3.2 of ANSI/ASME A112.19.8-2007, 12 new 
drain fittings are placed in a UV test chamber and exposed to UV light 
and water spray, according to the protocol in ASTM G154, Standard 
Practices for Operating Fluorescent Light Apparatus for UV Exposure of 
Non-metallic Materials. When the drain fitting is too large to fit in a 
test chamber, representative sections are tested to the intent of the 
structural integrity tests. This means that the test procedures in the 
structural integrity tests must be adapted to suit the diminished size/
shape of the drain fitting section.
    Changes to the UV testing were made in ANSI/ASME A112.19.8a-2008 
and were carried over to ANSI/APSP-16 2011. ANSI/ASME A112.19.8a-2008 
includes two UV test methods. Test Method 1 follows the general full-
sample UV exposure in ASME A112.19.8-2007, with the addition of two 
more choices for the UV exposure protocol, specifically, ASTM G155, 
Standard Practice for Operating Xenon Arc Light Apparatus for Exposure 
of Non-Metallic Materials; and ASTM G153, Standard Practice for 
Operating Enclosed Carbon Arc Light Apparatus for Exposure of 
Nonmetallic Materials. Test Method 2 is an alternate UV exposure test. 
Here, the fitting polymeric material is molded into small uniform 
specimens. Half of the specimens are exposed to UV light and water 
spray, and half are not exposed. The exposed and unexposed (virgin) 
material specimens are then tested for tensile strength and impact 
resistance. The samples of the material must retain at least 70% of the 
virgin value (meaning that the samples, when tested, must retain at 
least 70% of the tensile strength and impact resistance values of the 
unexposed material) when the tensile strength and impact resistance 
tests are performed. The intensification factor, K, is defined as the 
inverse of the lowest retained portion. Thus, for example, if 80% of 
the tensile strength is retained in the exposed material and 85% of the 
impact resistance, then the intensification factor is K=1/0.80=1.25.
    Complete (as sold) fittings are then tested to the structural 
integrity tests in sections 3.3 through 3.8 in ANSI/ASME A112.19.8-
2007. For Test Method 1, the UV-exposed drain fitting is tested in the 
structural tests to the forces and pressures specified. This is 
essentially

[[Page 47437]]

the same procedure from the ASME A 112.19.8-2007 standard. For Test 
Method 2, the complete drain fitting, which has not been ``weathered'' 
in the UV exposure chamber, is tested in the structural tests to the 
forces and pressures specified, multiplied by the intensification 
factor, K. Because only the representative sample was weathered in the 
UV chamber, the intensification factor, K, is then used on the complete 
(as sold) fittings to simulate the weathering of the complete fitting. 
ANSI/APSP-16 2011 has substantially the same language and requirements 
for the Ultraviolet Light Exposure Test as the ASME A112.19.8a-2008 
addendum.
    The alternate Test Method 2 in ANSI/APSP-16 2011, incorporating the 
ANSI/ASME A112.19.8a-2008 Addendum, offers more consistent treatment 
for large drain fittings that do not fit into standard UV exposure 
chambers. The use of material tests to predict the structural integrity 
of entire products is an established industry protocol. We find that 
this change in test methods is in the public interest because it will 
enhance test repeatability for large drain fittings.

b. Self-Contained Spa Fittings

    Self-contained spas are manufactured products that include drain 
fittings and pumps. UL 1563, Standard for Safety for Electric Spas, 
Equipment Assemblies, and Associated Equipment, Sixth Edition, July 16, 
2009, requires that all suction fittings are flow rated to ANSI/ASME 
A112.19.8-2007 and are installed in multiples, such that the suction 
from the pump cannot be isolated to one blocked fitting. The relevance 
of UL 1563 is that it contains similar requirements for multiple layers 
of entrapment protection to those in the VGB Act, but in the controlled 
environment of a single manufactured system. In addition to multiple 
drains, UL 1563 requires that the suction fittings be installed with 
separation on different planes, more than 3 feet apart, or have a 
suction limiting vent or gravity drainage system. Thus, system flows 
are split between two or more suction fittings that cannot both be 
blocked by the same body. Similarly, for hair entanglement, the split 
flow reduces the flow and entrapment potential at each suction fitting. 
Because spas have limited available space, the split suction allows 
smaller suction fittings and at the same time maintains the high flows 
required for the function of the product.
    In ANSI/ASME A112.19.8-2007, the product flow rating is the lesser 
of the ratings achieved in the hair and body entrapment tests in 
sections 4 and 5 of the standard. Each suction fitting is tested by 
direct connection to a test pump. Self-contained spa fittings are 
tested like any other suction fitting. The multiple-suction fitting 
requirements in UL 1563 are ignored. In ANSI/ASME A112.19.8-2007, the 
test flow is the total system flow from the pump and not the flow 
through individual suction fittings. As a result, suction fittings in 
self-contained spas that always perform in multiples are tested in 
isolation in ANSI/ASME A112.19.8-2007, without the mitigating effect of 
another source of water to the pump. The resultant flow ratings have 
been significantly lower in the hair tests, typically due to the hair 
entering and blocking the pipe behind the single spa suction fitting.
    In ANSI/ASME A112.19.8b-2009, self-contained spa fittings are 
treated as a special case in the hair tests. In the new section 
4.2.2.1, self-contained spa fittings are installed in pairs. One 
fitting is tested for hair entrapment, while the other is free flowing. 
The pull from the water is less because the pump can pull water from 
the unblocked suction fitting. The new test models the actual 
installation of self-contained spa fittings, as required in UL 1563. 
The body block test remains unchanged with no special treatment for spa 
fittings. ANSI/APSP-16 2011 has substantially the same language and 
requirements as ASME A112.19.8b-2009 for self-contained spa fittings.
    ANSI/APSP-16 2011, incorporating the ASME A112.19.8b-2009 addendum, 
corrects a severe ratings test in ASME A112.19.8-2007 for self-
contained spa fittings. Modeling the requirements in UL 1563 ensures 
that manufactured spa drains are not isolated with a pump and thus, 
have multiple layers of safety. This change in test methods recognizes 
the UL 1563 spa drain requirements and is a more representative test of 
actual manufactured spas. We find the change to be in the public 
interest.

C. Why is the CPSC issuing a final rule?

    Under the Administrative Procedure Act (5 U.S.C. 553(b)(B)), a 
notice of proposed rulemaking is not required when an agency, for good 
cause, finds that notice and public procedure are impracticable, 
unnecessary, or contrary to the public interest. The successor 
standard, ANSI/APSP-16-2011, is substantively identical to ANSI/ASME 
A112.19.8-2007 and its two addenda, and, as stated in part A of this 
preamble, ASME is in the process of withdrawing ANSI/ASME A112.19.8-
2007. It is, therefore, important to have a successor standard in place 
before ANSI/ASME completes its withdrawal of ANSI/ASME A112.19.8-2007 
so that each swimming pool or spa drain cover manufactured, 
distributed, or entered into commerce in the United States continues to 
conform to entrapment protection standards. We are giving 30 days' 
notice of the incorporation of this successor standard by providing for 
an effective date 30 days following the rule's publication.

D. Paperwork Reduction Act

    This rule does not impose any information collection requirements. 
Accordingly, this rule is not subject to the Paperwork Reduction Act, 
44 U.S.C. 3501-3520.

E. Environmental Considerations

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

F. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the CPSA]'' is in effect and 
applies to a product, no state or political subdivision of a state may 
either establish or continue in effect a requirement dealing with the 
same risk of injury unless the State requirement is identical to the 
Federal standard. (Section 26(c) of the CPSA also provides that states 
or political subdivisions of states may apply to the Commission for an 
exemption from this preemption under certain circumstances.) Section 
8003(a) of the VGB Act provides that the requirements in section 
8003(b) of the VGB Act ``shall be treated as a consumer product safety 
rule issued by the Consumer Product Safety Commission under the 
Consumer Product Safety Act.'' Therefore, this rule will invoke the 
preemptive effect of section 26(a) of the CPSA when it becomes 
effective.

List of Subjects in 16 CFR Part 1450

    Consumer protection, Incorporation by reference, Infants and 
children, Law enforcement.
    For the reasons stated above, the Commission amends title 16 of the 
Code of the Federal Regulations as follows:

PART 1450--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT 
REGULATIONS

0
1. The authority citation for part 1450 continues to read as follows:


[[Page 47438]]


    Authority:  15 U.S.C. 2051-2089, 86 Stat. 1207; 15 U.S.C. 8001-
8008, 121 Stat. 1794.

0
2. Add Sec.  1450.3 to read as follows:


Sec.  1450.3  Incorporation by Reference.

    (a) Each swimming pool or spa drain cover manufactured, 
distributed, or entered into commerce in the United States shall 
conform to the entrapment protection standards of ANSI/APSP-16 2011, 
Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot 
Tubs, approved on February 17, 2011. The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the 
Association of Pool & Spa Professionals, 2111 Eisenhower Avenue, 
Alexandria, Virginia 22314; http://www.apsp.org, telephone 703-838-
0083. You may inspect a copy at the Office of the Secretary, U.S. 
Consumer Product Safety Commission, Room 820, 4330 East West Highway, 
Bethesda, MD 20814, telephone 301-504-7923, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) [Reserved]

    Dated: August 2, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-19861 Filed 8-4-11; 8:45 am]
BILLING CODE 6355-01-P