[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Rules and Regulations]
[Pages 56684-56689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23088]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1220 and 1221

[Docket No. CPSC-2019-0025]


Revisions to Safety Standards for Non-Full-Size Baby Cribs and 
Play Yards

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) previously 
published consumer product safety standards for non-full-size baby 
cribs (NFS cribs) and play yards under section 104 of the Consumer 
Product Safety Improvement Act of 2008 (CPSIA). The standards 
incorporated by reference the ASTM voluntary standard for NFS cribs and 
play yards, with modifications. ASTM recently revised the voluntary 
standard for NFS cribs and play yards. The CPSIA provides a process for 
when a voluntary standards organization updates a standard that the 
Commission incorporated by reference in a section 104 rule. Consistent 
with that process, this direct final rule revises the mandatory 
standards for NFS cribs and play yards to incorporate by reference the 
updated version of the ASTM standard.

DATES: The rule is effective on January 20, 2020, unless CPSC receives 
a significant adverse comment by November 22, 2019. If CPSC receives 
such a comment, it will publish a notice 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 20, 
2020.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2019-
0025, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: www.regulations.gov. Follow the instructions for 
submitting comments provided on the website. To ensure timely 
processing of comments, please submit all electronic comments through 
www.regulations.gov, rather than by email to CPSC.
    Written Submissions: Submit written comments by mail, hand 
delivery, or courier to: U.S. Consumer Product Safety Commission, 
Division of the Secretariat, Room 820, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions must include the agency name and 
docket number for this notice. CPSC may post all comments, 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 that you do not want to be 
available to the public. If furnished at all, submit such information 
by mail, hand delivery, or courier.
    Docket: For access to the docket to read background documents or 
comments, go to: http://www.regulations.gov, and insert the docket 
number, CPSC-2019-0025, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, U.S. 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background and Statutory Authority

1. Initial Mandatory Standards for Durable Infant or Toddler Products

    Section 104 of the CPSIA (Pub. L. 110-314, 122 Stat. 3016) requires 
the Commission to assess the effectiveness of voluntary standards for 
durable infant or toddler products \1\ 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 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.
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    \1\ The statute lists NFS cribs and play yards as durable infant 
or toddler products. 15 U.S.C. 2056a(f)(2).
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    Under this authority, the Commission adopted mandatory standards 
for NFS cribs and play yards in 16 CFR parts 1220 and 1221, 
respectively. The Commission defines NFS cribs and play yards in 16 CFR 
1220.1(c). In general, a NFS crib is ``a bed that is designed to 
provide sleeping accommodations for an infant'' that meets specified 
dimensions.\2\ A play yard is a framed enclosure that includes a floor 
and mesh or fabric sides in which children sleep or play.\3\ The 
Commission's mandatory standards incorporated by reference ASTM F406, 
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards (ASTM F406), which is the voluntary standard for NFS cribs 
and play yards. The Commission issued separate rules for NFS cribs and 
play yards, although they are covered by the same voluntary standard, 
because section 104(c) of the CPSIA includes unique provisions for 
rules regarding cribs (both full-size and NFS cribs), applying initial 
crib standards to more parties than are ordinarily subject to section 
104 rules.\4\ 15 U.S.C. 2056a(c)(1), (2).
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    \2\ 16 CFR 1220.1(c)(1) defines a NFS crib as ``a bed that is: 
(i) Designed to provide sleeping accommodations for an infant; (ii) 
Intended for use in or around the home, for travel, in a child care 
facility, in a family child care home, in a place of public 
accommodation affecting commerce and other purposes; (iii) Has an 
interior length dimension either greater than 139.7 cm (55 in.) or 
smaller than 126.3 cm (49\3/4\ in.), or, an interior width dimension 
either greater than 77.7 cm (30\5/8\ in.) or smaller than 64.3 cm 
(25\3/8\ in.), or both . . . (v) Does not include mesh/net/screen 
cribs, nonrigidly constructed baby cribs, cradles (both rocker and 
pendulum types), car beds, baby baskets, and bassinets (also known 
as junior cribs).'' It further states that NFS cribs include, but 
are not limited to, portable cribs, crib pens, specialty cribs, 
undersize cribs, and oversize cribs, which the regulation also 
defines.
    \3\ 16 CFR 1220.1(c)(2) defines a play yard as ``a framed 
enclosure that includes a floor and has mesh or fabric sided panels 
primarily intended to provide a play or sleeping environment for 
children. It may fold for storage or travel.''
    \4\ Section 104(c) of the CPSIA requires more parties to comply 
with standards for cribs that the Commission adopts under section 
104(b) than other durable infant or toddler product standards. 
Specifically, section 104(c) prohibits the following parties from 
manufacturing, selling, contracting to sell or resell, leasing, 
subletting, offering, providing for use, or otherwise placing in the 
stream of commerce a crib that is not in compliance with a standard 
promulgated under section 104(b):
    ``any person that--(A) manufactures, distributes in commerce, or 
contracts to sell cribs; (B) based on the person's occupation, holds 
itself out as having knowledge of skill peculiar to cribs, including 
child care facilities and family child care homes; (C) is in the 
business of contracting to sell or resell, lease, sublet, or 
otherwise place cribs in the stream of commerce; or (D) owns or 
operates a place of accommodation affecting commerce (as defined in 
section 4 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2203) applied without regard to the phrase `not owned by the 
Federal Government').'' 15 U.S.C. 2056a(c)(1), (2).
    Congress effectively limited this expanded application of crib 
standards to only initial 104 rules for cribs when it amended the 
CPSIA in 2011. The amendment added section 104(c)(3), which 
addresses revisions to crib standards, and allows the expanded 
application stated in section 104(c)(1) and (2) to apply to 
revisions to crib standards only in certain circumstances. 15 U.S.C. 
2056a(c)(3); Public Law 112-28, 125 Stat. 273 (Aug. 12, 2011).

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[[Page 56685]]

    The Commission's standard for NFS cribs initially incorporated by 
reference ASTM F406-10a, with modifications. 75 FR 81766 (Dec. 28, 
2010). When ASTM later updated its standard, issuing ASTM F406-17, the 
Commission updated the mandatory standard to incorporate by reference 
this revised edition, with modifications. 83 FR 26206 (June 6, 2018). 
The mandatory standard for NFS cribs does not apply to play yards, and 
excludes the provisions in ASTM F406 that only relate to play yards.
    The Commission's standard for play yards initially incorporated by 
reference ASTM F406-12a, with modifications. 77 FR 52220 (Aug. 29, 
2012). When ASTM later updated its standard, issuing ASTM F406-13, the 
Commission updated the mandatory standard to incorporate by reference 
this revised edition, with modifications. 78 FR 50328 (Aug. 19, 2013). 
The mandatory standard for play yards does not apply to NFS cribs, and 
excludes the provisions in ASTM F406 that only relate to NFS cribs.

2. Revisions to Section 104 Rules

    The CPSIA specifies the process for when a voluntary standards 
organization revises a standard that the Commission incorporated by 
reference in a section 104 rule. First, the voluntary standards 
organization must notify the Commission of the revision. Once the 
Commission receives this notification, ``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 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.'' 15 U.S.C. 
2056a(b)(4)(B).
    As noted above, section 104(c) of the CPSIA includes unique 
provisions for rules regarding cribs. Under sections 104(c)(1) and (2), 
standards the Commission adopts for cribs under section 104(b) of the 
CPSIA apply to more parties than are ordinarily subject to section 104 
rules.\5\ 15 U.S.C. 2056a(c)(1), (2). However, this expanded 
application does not apply to revisions to the Commission's crib 
standards unless certain circumstances apply.\6\ Id. 2056a(c)(3). 
Section 104(c)(3) states that when the Commission revises a crib 
standard that it adopted under section 104(b), the revised mandatory 
standard applies to crib manufacturers and importers (rather than the 
expanded list of parties that are subject to initial crib standards in 
section 104(c)(1) and (2)). Id. However, the Commission may apply 
revised crib standards to other parties in the expanded list if it 
determines that it is ``necessary to protect against an unreasonable 
risk to health or safety.'' Id. If the Commission applies the standard 
to additional parties, it must provide at least 12 months for parties 
to comply. Id.
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    \5\ See footnote 4, above.
    \6\ Congress amended the CPSIA in 2011, adding section 104(c)(3) 
to address revisions to crib standards, which effectively made the 
expanded application of crib standards only applicable to the 
Commission's initial 104 rules for cribs. 15 U.S.C. 2056a(c)(3); 
Public Law 112-28, 125 Stat. 273 (Aug. 12, 2011).
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    ASTM notified the Commission on July 24, 2019 that it had updated 
the NFS cribs and play yards standard, issuing ASTM F406-19.\7\ As this 
preamble discusses, the revisions regarding NFS cribs are neutral on 
safety and the revisions regarding play yards improve or are neutral on 
safety. Accordingly, the Commission is not making the determination 
that ``the proposed revision does not improve the safety of the 
consumer product.'' The Commission also is not specifying a later 
effective date than that provided in the statute. Therefore, under the 
CPSIA, ASTM F406-19 will become the mandatory standard for NFS cribs 
and play yards effective January 20, 2020, 180 days after CPSC received 
ASTM's notice.
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    \7\ ASTM approved ASTM F406-19 on March 15, 2019, and published 
it in May 2019.
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    In addition, the Commission is not making the determination that 
applying the revised standard for NFS cribs to additional parties is 
``necessary to protect against an unreasonable risk to health or 
safety.'' Therefore, the revised mandatory standard for NFS cribs will 
apply to parties that manufacture or import cribs, and not the 
additional parties listed in section 104(c)(1) and (2) of the CPSIA.

B. Revised ASTM Standard

    The ASTM standard for NFS cribs and play yards includes performance 
requirements and test methods, as well as requirements for warning 
labels and instructional literature, to address hazards to children 
associated with NFS cribs and play yards.
    As described below, the revisions in ASTM F406-19 regarding NFS 
cribs provide additional detail and clarity, and are neutral on safety, 
as compared to 16 CFR part 1220. Similarly, the revisions in ASTM F406-
19 regarding play yards provide revised and additional requirements 
that improve the safety of play yards or are neutral on safety, as 
compared to 16 CFR part 1221. For this reason, the Commission concludes 
that the revised standard for NFS cribs maintains the level of safety 
that the existing regulation provides, and the revised standard for 
play yards, overall, improves the level of safety that the existing 
regulation provides. Because the Commission declines to determine that 
the revised standard ``does not improve the safety'' of NFS cribs or 
play yards, the revised ASTM standard will become CPSC's new standards 
for these products.
    The following sections discuss the revised portions of the ASTM 
standard and compare them with the existing requirements in 16 CFR 
parts 1220 and 1221.

1. Revisions Regarding NFS Cribs

    The existing mandatory standard for NFS cribs requires compliance 
with ASTM F406-17, with modifications to exclude several sections of 
ASTM F406-17 from the mandatory standard. The excluded sections (which 
address scissoring, shearing, and pinching; bassinet and cradle 
accessories; and other requirements) are only relevant to play yards. 
The revised mandatory standard in 16 CFR part 1220 excludes the same 
requirements.\8\
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    \8\ Nearly all of the excluded requirements are in the same 
sections in ASTM F406-19 as they were in ASTM F406-17, with one 
exception. Specifically, the requirements that were in sections 8.28 
to 8.28.4 in ASTM F406-17 are in sections 8.28 to 8.28.3.2 in ASTM 
F406-19. Accordingly, the Commission is updating the sections 
referenced in 16 CFR part 1220.
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    The only substantive difference between the requirements for NFS 
cribs in ASTM F406-19 and ASTM F406-17 is that ASTM F406-19 includes a 
revised toehold provision in the construction and finishing 
requirements for NFS cribs (section 6.6.3). ASTM F406-19 also includes 
an editorial revision (section 6.9 \9\) that does not

[[Page 56686]]

alter the substantive requirements for NFS cribs or affect safety.
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    \9\ Section 6.9 states the rationale for the requirement in 
section 6.8 that specifies the order in which certain performance 
testing must occur. The editorial revision in section 6.9 of ASTM 
F406-19 simply corrects a typo, by replacing ``the'' with ``be'' in 
the phrase the ``assembly most likely to be affected.''
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    Section 6.6.3 prohibits the ends and sides of NFS cribs from having 
surfaces that can serve as toeholds for a child inside the crib, and 
specifies the dimensions and location of prohibited toeholds. This 
requirement aims to reduce the risk of children climbing out of NFS 
cribs by reducing the surfaces children can use as a foothold to boost 
themselves over the rail of a crib. In ASTM F406-17, this provision 
specified the upper height limit of prohibited toeholds, but did not 
specify a lower bound; ASTM F406-19 adds a lower bound of 1 inch. CPSC 
staff believes that this lower bound is reasonable in light of the 
lower bound for toeholds specified in the standard for full-size baby 
cribs, and because it will provide greater clarity for test 
laboratories to conduct consistent testing for this requirement. Staff 
believes that this revision is neutral on safety, when compared to the 
existing standard in 16 CFR part 1220.

2. Revisions Regarding Play Yards

    The existing mandatory standard for play yards requires compliance 
with ASTM F406-13, with modifications. The modifications exclude from 
the mandatory standard the sections of ASTM F406-13 that address 
requirements for NFS cribs. In addition, the mandatory standard 
modifies section 9.4.2.10 of the voluntary standard. Section 9.4.2.10 
requires a warning on products with a separate mattress that is not 
permanently fixed in place to state: ``Use ONLY mattress/pad provided 
by manufacturer,'' along with the minimum length, width, and thickness 
of the mattress. The mandatory standard specifies that play yards that 
meet the criteria in section 9.4.2.10 must bear only the warning 
statement (not the permissible mattress dimensions). The revised 
mandatory standard in 16 CFR part 1221 includes the same exclusions and 
modifications.\10\
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    \10\ All of the excluded and modified requirements are in the 
same sections in ASTM F406-19 as they were in ASTM F406-13. 
Accordingly, the sections referenced in 16 CFR part 1221 remain the 
same.
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    The substantive differences between the requirements for play yards 
in ASTM F406-19 and ASTM F406-13 are as follows:
     Revised and additional requirements to ensure that 
provisions regarding entrapment in accessories to play yards address 
cantilevered accessories;
     clarification of where to place a stability testing 
device;
     a modified mattress vertical displacement test, and an 
accompanying definition for ``mattress support surface''; and
     an alternate on-product warning label for cribs intended 
for use in child care facilities.

These revisions are discussed below. ASTM F406-19 also includes 
editorial revisions that do not alter the substantive requirements for 
play yards or affect safety.\11\
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    \11\ Examples of editorial revisions in ASTM F406-19 include a 
precautionary caveat in section 1.5 about the safety concerns the 
standard addresses, as well as explanatory notes or statements to 
clarify or explain existing requirements.
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    Cantilevered accessories. ASTM F406-19 includes a definition of 
cantilevered accessories (section 3.1.4), as well as revised provisions 
(section 5.15 and 8.26) to address these accessories. ASTM F406-13 
included section 5.15 and 8.26, which address entrapment in 
accessories, but did not explicitly apply these requirements to 
cantilevered accessories, address how to assess openings in them, or 
define the term. CPSC staff believes that these modifications improve 
the safety of play yards, when compared to the existing standard in 16 
CFR part 1221, by ensuring the standard assesses entrapment hazards in 
cantilevered accessories.
    Stability testing. Section 8.17 in ASTM F406-13 provides a test for 
assessing the stability of products. In ASTM F406-19, this section 
remains the same, except with slight wording modifications to provide 
clarity to test technicians about where, precisely, to place the 
stability test device. CPSC staff believes that this modification is 
neutral on safety, when compared to the existing standard in 16 CFR 
part 1221.
    Mattress vertical displacement test. Section 8.28 in ASTM F406-13 
provides a mattress vertical displacement test. Section 8.28 in ASTM 
F406-19 includes the same test, but with slight wording modifications, 
and includes an additional test. In ASTM F406-19, the original mattress 
vertical displacement test is referred to as the ``primary test,'' and 
the wording of the test procedure replaces ``record'' with ``measure,'' 
and replaces ``repeat this test at the other corners'' with ``repeat 
this test with the clamp relocated to the other corners.'' CPSC staff 
believes that these wording changes more precisely describe how to 
conduct the test, which reduces variations in testing, and is neutral 
on safety when compared to the existing standard in 16 CFR part 1221.
    In addition, ASTM F406-19 includes a new ``secondary test'' to 
perform if any corner or location does not meet the standard using the 
primary test. The secondary test applies the same force in the same 
manner as the primary test, and uses the same criteria for passing 
(less than 5.25 inch displacement), but measures displacement from 
different points. While the primary test measures displacement from 
``the reference point on the clamp relative to the fixed reference 
point,'' the secondary test measures displacement from ``the bottom 
surface of the mattress just beneath the clamp attachment and the 
mattress support surface.'' As the rationale in Note 17 in the standard 
explains, although the primary test works well for products with a 
tubular floor support structure, it does not work as well for 
``products that sit directly on the floor and do not have a tubular 
floor support structure.'' The secondary test addresses these products. 
CPSC staff believes that the secondary test is neutral on safety, when 
compared to the existing standard in 16 CFR part 1221.
    Related to the revisions to mattress vertical displacement testing, 
ASTM F406-19 also includes a new definition and note. Section 3.1.15 of 
ASTM F406-19 defines ``mattress support surface,'' which is relevant to 
the secondary test described above. Section 7.9.1.2, Note 7 explains 
the rationale for elements of the mattress vertical displacement test, 
including the displacement limit, which approximately corresponds with 
a 6-month old child's head for purposes of assessing entrapment 
hazards. CPSC staff believes that these revisions are neutral on 
safety, when compared to the existing standard in 16 CFR part 1221.
    Warning statements. Section 9.4.2.11 in ASTM F406-13 requires on-
product warning statements to address the following: ``Always provide 
the supervision necessary for the continued safety of your child. When 
used for playing, never leave child unattended.'' ASTM F406-19 includes 
the same requirement, but allows products that are intended for use in 
child care facilitates to display either the above warning statement or 
a warning that ``child in crib must be under supervision at all 
times.'' \12\ CPSC staff

[[Page 56687]]

believes that, although the warning statement required in ASTM F406-13 
was sufficient, the alternative statement may be appropriate for child 
care facilities, where continued supervision is necessary and expected.
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    \12\ Note that although the alternative warning statement uses 
the word ``crib,'' the requirement applies to all products covered 
by the standard, which includes both NFS cribs and play yards. This 
preamble does not list this revision as a change to the NFS cribs 
standard because the existing NFS cribs standard incorporated by 
reference a newer version of ASTM F406, which already included this 
alternative warning statement.
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C. Direct Final Rule Process

    In this notice, the Commission is updating the version of the ASTM 
standard incorporated by reference in 16 CFR parts 1220 and 1221 to 
reflect the revised standard that takes effect by operation of law 
under the CPSIA. 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, the APA provides 
an exception to this when an agency ``for good cause finds'' that 
notice and comment is ``impracticable, unnecessary, or contrary to the 
public interest.'' Id. 553(b), (c).
    When the Commission updates a reference to an ASTM standard that 
the Commission has incorporated by reference into a rule under section 
104 of the CPSIA, notice and the opportunity to comment is unnecessary. 
This is because, under the terms of the CPSIA, such an update 
automatically becomes CPSC's mandatory standard, unless the Commission 
takes action to prevent it. 15 U.S.C. 2056a(b)(4)(B). With respect to 
ASTM F406-19, the Commission is not taking action to prevent it from 
becoming the new mandatory standard for NFS cribs and play yards. 
Therefore, the revised ASTM standard will become CPSC's standard by 
operation of law. Public comments would not influence the substantive 
changes to the standard or the effect of the revised standard under 
section 104 of the CPSIA. Therefore, notice and comment are 
unnecessary.
    The purpose of this direct final rule is to update the edition of 
the standard the regulations reference, so that they accurately reflect 
the standard in effect under the statute. The Administrative Conference 
of the United States (ACUS) recommends that agencies use direct final 
rulemaking when the ``unnecessary'' prong of the good cause exemption 
in the APA applies. 60 FR 43108, 43111 (Aug. 18, 1995). With a direct 
final rule, the rule takes effect on the stated effective date, unless 
the agency receives an adverse comment within a specified time. This 
allows the agency to expedite noncontroversial rules, while still 
allowing for public comment. Id. at 43111. A direct final rule is 
appropriate here because the Commission believes this rule is 
noncontroversial and will not elicit significant adverse comments.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notice, the rule will become effective on January 20, 2020. 
Consistent 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 challenges to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without change.'' Id. at 43111.
    If the Commission receives a significant adverse comment, it will 
publish a notice withdrawing this direct final rule before the 
effective date. Depending on the comment and other relevant 
considerations, the Commission may address the adverse comment in a 
subsequent direct final rule, or publish a notice of proposed 
rulemaking, providing an opportunity for public comments.

D. Incorporation by Reference

    Sections 1220.2 and 1221.2 of the direct final rule incorporate by 
reference ASTM F406-19. The Office of the Federal Register (OFR) has 
regulations regarding incorporation by reference. 1 CFR part 51. These 
regulations require the preamble to a final rule to summarize the 
material and discuss the ways in which the material the agency 
incorporates by reference is reasonably available to interested 
parties, and how interested parties can obtain the material. 1 CFR 
51.5(b).
    In accordance with the OFR regulations, B. Revised ASTM Standard of 
this preamble summarizes the major provisions of ASTM F406-19 that the 
Commission incorporates by reference into 16 CFR parts 1220 and 1221. 
Interested parties may obtain a copy of ASTM F406-19 from ASTM, through 
its website (http://www.astm.org), or by mail from ASTM International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. 
Alternatively, interested parties may 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) 504-7923.

E. Certification

    The Consumer Product Safety Act (CPSA; 15 U.S.C. 2051-2089) 
requires manufacturers of products that are 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 product complies with all applicable CPSC 
requirements. 15 U.S.C. 2063(a). For children's products, the 
manufacturer must base this certification 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. 
Id. 2063(a)(2). These testing and certification requirements apply to 
products for which the Commission issues rules under CPSIA section 104, 
because they are consumer product safety standards. See id. 2056a(b).
    Because NFS cribs and play yards are children's products, a CPSC-
accepted third party conformity assessment body must test samples of 
these products. These products also must comply with all other 
applicable CPSC requirements, such as the lead content requirements in 
section 101 of the CPSIA,\13\ the phthalates prohibitions in section 
108 of the CPSIA,\14\ the tracking label requirements in section 
14(a)(5) of the CPSA,\15\ and the consumer registration form 
requirements in section 104(d) of the CPSIA.\16\
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    \13\ 15 U.S.C. 1278a.
    \14\ 15 U.S.C. 2057c.
    \15\ 15 U.S.C. 2063(a)(5).
    \16\ 15 U.S.C. 2056a(d).
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F. Notice of Requirements

    As discussed above, an accredited third party conformity assessment 
body must test children's products that are subject to a children's 
product safety rule for compliance with the applicable rule. 15 U.S.C. 
2063(a)(2). The Commission must publish a notice of requirements (NOR) 
for third party conformity assessment bodies to obtain accreditation to 
assess conformity with a children's product safety rule. Id. 
2063(a)(3)(A).
    As the CPSA requires, the Commission published NORs for 
accreditation of third party conformity assessment bodies for testing 
NFS cribs and play yards. 15 U.S.C. 2063(a)(3)(B)(ii), (vi); 78 FR 
15836 (Mar. 12, 2013) (adopting 16 CFR 1112.15(b)(6) and (7), codifying 
NORs for NFS cribs and play yards, respectively). The NORs provided the 
criteria and process for CPSC to accept accreditation of third party 
conformity assessment bodies for testing NFS cribs to 16 CFR part 1220 
and play yards to 16 CFR part 1221. The NORs are listed in the 
Commission's rule, ``Requirements Pertaining to Third Party Conformity 
Assessment Bodies'' in 16 CFR part 1112.
    The revised provisions in ASTM F406-19 do not require any 
significant

[[Page 56688]]

changes in the test methods or tools that third party conformity 
assessment bodies use to assess NFS cribs or play yards for compliance 
with the mandatory standards. Accordingly, laboratories that have 
demonstrated competence for testing in accordance with ASTM F406-17 for 
NFS cribs and ASTM F406-13 for play yards would have the competence to 
test in accordance with the revised mandatory standards. Laboratories 
will begin testing to the new standards when ASTM F406-19 goes into 
effect for NFS cribs and play yards, and the existing accreditations 
that the Commission has accepted for testing to these standards will 
cover testing to the revised standards. Therefore, the existing NORs 
for these standards will remain in place, and CPSC-accepted third party 
conformity assessment bodies will need to update the scope of their 
accreditations to reflect the revised standards in the normal course of 
renewing their accreditations.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) requires 
agencies to consider the potential economic impact of a proposed and 
final rule on small entities, including small businesses, and prepare 
regulatory flexibility analyses. 5 U.S.C. 603, 604. The RFA applies 
when an agency is required to publish notice of a rulemaking. Id. As 
discussed in C. Direct Final Rule Process of this preamble, the 
Commission has determined that notice and the opportunity to comment 
are unnecessary for this rule, and therefore, the Commission is not 
required to publish notice of this rulemaking because it falls under 
the good cause exception in the APA. Id. 553(b). Accordingly, the RFA 
does not apply to this rulemaking. Nevertheless, we note that this rule 
will have minimal economic impacts because it incorporates by reference 
a standard that is largely consistent with the existing mandatory 
requirements.

H. Paperwork Reduction Act

    The current mandatory standards for NFS cribs and play yards 
include requirements for 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 revised mandatory 
standards do not substantively alter these requirements. The Commission 
took the steps required by the PRA for information collections when it 
adopted 16 CFR parts 1220 and 1221, including obtaining approval and a 
control number. Because the information collection is unchanged, the 
revision does not affect the information collection requirements or 
approval related to the standard.

I. The 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 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 designated this rule as not a ``major 
rule,'' as defined in 5 U.S.C. 804(2). In addition, to comply with the 
CRA, CPSC's Office of the General Counsel will submit the required 
information to each House of Congress and the Comptroller General.

J. Environmental Considerations

    CPSC's regulations list categories of agency actions that 
``normally have little or no potential for affecting the human 
environment.'' 16 CFR 1021.5(c). Such actions qualify as ``categorical 
exclusions'' under the National Environmental Policy Act (42 U.S.C. 
4321-4370m-12), which do not require an environmental assessment or 
environmental impact statement. One categorical exclusion listed in 
CPSC's regulations is for rules or safety standards that ``provide 
design or performance requirements for products.'' 16 CFR 1021.5(c)(1). 
This rule falls within the categorical exclusion, so no environmental 
assessment or environmental impact statement is required.

K. Preemption

    Under the CPSA, no state or political subdivision of a state may 
establish or continue in effect a requirement dealing with the same 
risk of injury as a Federal consumer product safety standard under the 
CPSA unless the state requirement is identical to the Federal standard. 
15 U.S.C. 2075(a). However, states or political subdivisions of states 
may apply to CPSC for an exemption, allowing them to establish or 
continue such a requirement if the state requirement ``provides a 
significantly higher degree of protection from [the] risk of injury'' 
and ``does not unduly burden interstate commerce.'' Id. 2075(c).
    Section 104 of the CPSIA refers to the rules issued under that 
section as ``consumer product safety standards,'' and states that a 
revised standard ``is considered a consumer product safety standard 
issued by the Commission under section 9'' of the CPSA. 15 U.S.C. 
2056a(b)(1), (b)(4)(B). Accordingly, consumer product safety standards 
that the Commission creates or revises under CPSIA section 104 preempt 
state and local requirements in accordance with the preemption 
provisions in the CPSA.

L. Effective Date

    When a voluntary standards organization revises a standard that the 
Commission adopted as a mandatory standard under section 104 of the 
CPSIA, the revised standard automatically becomes the new mandatory 
standard effective 180 days after the Commission receives notification. 
15 U.S.C. 2056a(b)(4)(B). The Commission may prevent this automatic 
effective date by either publishing notice of a later effective date, 
or rejecting the revision. Id.
    The Commission is taking neither of those actions with respect to 
the standards for NFS cribs and play yards. The Commission believes 
that the statutory effective date is reasonable because it provides 
sufficient time for firms to make necessary modifications within the 
usual timeframe provided for children's product rules. ASTM approved 
ASTM F406-19 on March 15, 2019 and published it in May 2019, more than 
6 months before the statutory effective date. Juvenile product 
manufacturers are accustomed to adjusting to new voluntary standards 
within this timeframe because it is consistent with other CPSIA section 
104 rules, which generally provide 6-month effective dates, and the 
Juvenile Products Manufacturers Association typically allows 6 months 
for products in its certification program to shift to a new standard. 
Therefore, ASTM F406-19 automatically will take effect as the new 
mandatory standard for NFS cribs and play yards on January 20, 2020, 
180 days after the Commission received notice of the revision on July 
24, 2019.
    As a direct final rule, unless the Commission receives a 
significant adverse comment within 30 days of this notice and publishes 
a notice withdrawing this rule by the effective date, the rule will 
become effective on January 20, 2020.

List of Subjects

16 CFR Part 1220

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

[[Page 56689]]

16 CFR Part 1221

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

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

PART 1220--SAFETY STANDARD FOR NON-FULL-SIZE BABY CRIBS

0
1. Revise the authority citation for part 1220 to read as follows:

    Authority:  Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C. 
2056a); Sec. 3, Pub. L. 112-28, 125 Stat. 273.

0
2. Revise Sec.  1220.2 to read as follows:


Sec.  1220.2  Requirements for non-full-size baby cribs.

    (a) Except as provided in paragraph (b) of this section, each non-
full-size baby crib shall comply with all applicable provisions of ASTM 
F406-19, Standard Consumer Safety Specification for Non-Full-Size Baby 
Cribs/Play Yards, approved March 15, 2019. 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. You may obtain a 
copy of this ASTM standard from ASTM International, 100 Barr Harbor 
Drive, PO Box C700, West Conshohocken, PA 19428-2959; 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, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) Comply with the ASTM F406-19 standard with the following 
exclusions:
    (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
19.
    (2) Do not comply with section 5.16.2 of ASTM F406-19.
    (3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
19.
    (4) Do not comply with section 7, Performance Requirements for 
Mesh/Fabric Products, of ASTM F406-19.
    (5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
19.
    (6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
19.
    (7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
19.
    (8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
19.
    (9) Do not comply with section 8.16 through 8.16.3 of ASTM F406-19.
    (10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM 
F406-19.
    (11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
19.
    (12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
19.
    (13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
19.
    (14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM 
F406-19.

PART 1221--SAFETY STANDARD FOR PLAY YARDS

0
3. The authority citation for part 1221 is revised to read as follows:

    Authority:  Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C. 
2056a).


0
4. Revise Sec.  1221.1 to read as follows:


Sec.  1221.1  Scope.

    This part establishes a consumer product safety standard for play 
yards manufactured or imported on or after January 20, 2020.

0
5. Revise Sec.  1221.2 to read as follows:


Sec.  1221.2  Requirements for play yards.

    (a) Except as provided in paragraph (b) of this section, each play 
yard must comply with all applicable provisions of ASTM F406-19, 
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards, approved on March 15, 2019. 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 of this ASTM 
standard from ASTM International, 100 Barr Harbor Drive, PO Box C700, 
West Conshohocken, PA 19428-2959; 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, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) Comply with the ASTM F406-19 standard with the following 
exclusions:
    (1) Do not comply with section 5.17 of ASTM F406-19.
    (2) Do not comply with section 5.20 of ASTM F406-19.
    (3) Do not comply with section 6, Performance Requirements for 
Rigid Sided Products, of ASTM F406-19.
    (4) Do not comply with sections 8.1 through 8.10.5 of ASTM F406-19.
    (5) Instead of complying with section 9.4.2.10 of ASTM F406-19, 
comply only with the following:
    (i) 9.4.2.10 For products that have a separate mattress that is not 
permanently fixed in place: Use ONLY mattress/pad provided by 
manufacturer.
    (ii) [Reserved]
    (6) Do not comply with section 10.1.1.1 of ASTM F406-19.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-23088 Filed 10-22-19; 8:45 am]
 BILLING CODE 6355-01-P