[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55262-55263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19572]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2010-0075]


Notice of Availability of Regulatory Flexibility Act Section 610 
Review of the Safety Standards for Full-Size Baby Cribs and Non-Full-
Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of availability.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
announcing the availability of a completed rule review under section 
610 of the Regulatory Flexibility Act (RFA) for the safety standards 
for full-size baby cribs and non-full-size baby cribs (crib standards). 
This regulatory review concludes that the crib standards should be 
maintained without change.

ADDRESSES: The completed review is available on the CPSC website at: 
https://www.cpsc.gov/Research--Statistics/Toys-and-Childrens-Products. 
The completed review will also be made available through the Federal 
eRulemaking Portal at https://www.regulations.gov, under Docket No. 
CPSC-2010-0075, Supporting and Related Materials. Copies may also be 
obtained from the Consumer Product Safety Commission, Division of the 
Secretariat, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone: 301-504-7479; email [email protected].

FOR FURTHER INFORMATION CONTACT: Susan Proper, Directorate for Economic 
Analysis, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7628; email: [email protected].

SUPPLEMENTARY INFORMATION: On December 28, 2010, the CPSC issued the 
Safety Standards for Full-Size Baby Cribs (16 CFR part 1219) and Non-
Full-Size Baby Cribs (16 CFR part 1220) under section 104(c) of the 
Consumer Product Safety Improvement Act of 2008 (CPSIA), (Pub. L. 110-
314) (75 FR 81766). Section 104(c) of the CPSIA stated that the crib 
standards would apply to certain persons (such as those owning or 
operating child care facilities and places of public accommodation), in 
addition to persons usually subject to consumer product safety 
rules.\1\ In the initial rule, the Commission determined that both crib 
standards would have a significant impact on a substantial number of 
small entities, including manufacturers, importers, small retailers, 
and child care centers (75 FR 81782-86).
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    \1\ Under section 104(c) of the CPSIA, the initial crib 
standards applied to: ``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').''
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    On August 12, 2011, in Public Law 112-28, Congress amended section 
104 and specifically addressed potential revisions of the crib 
standards, stating that any revision after their initial promulgation 
``shall apply only to a person that manufactures or imports cribs,'' 
unless the Commission determines that application to any others covered 
by the initial crib standards is ``necessary to protect against an 
unreasonable risk to health or safety.'' If the Commission applies a 
revised crib standard to additional persons, the statute requires the 
Commission to provide at least 12 months for those persons to come into 
compliance. The Commission has not expanded the applicability of the 
crib standards to any additional persons in subsequent revisions to the 
standards.\2\
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    \2\ The full-size crib standard was revised on July 31, 2012 (77 
FR 45242), December 9, 2013 (78 FR 73692), and July 23, 2019 (84 FR 
35293); the non-full-size crib standard was revised on June 6, 2018 
(83 FR 26206) and October 23, 2019 (84 FR 56684).
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    On January 31, 2020, the Commission published notice in the Federal 
Register (85 FR 5587) to announce that the CPSC would review the cribs 
standards in accordance with the regulatory review provisions of 
section 610 of the RFA (5 U.S.C. 610) and sought public comment on the 
rule review. This document announces the availability of completed 
regulatory review of the crib standards.
    The purpose of a rule review under section 610 of the RFA is to 
determine whether, consistent with the CPSC's statutory obligations, 
these standards should be maintained without change, rescinded, or 
modified to minimize any significant impact of the rule on a 
substantial number of small entities. Section 610 requires agencies to 
consider five factors in reviewing rules to minimize any significant 
economic impact of the rule on a substantial number of small entities 
including:
    (1) The continued need for the rule;
    (2) The nature of complaints or comments received concerning the 
rule from the public;
    (3) The complexity of the rule;
    (4) The extent to which the rule overlaps, duplicates or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local governmental rules; and
    (5) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule. 5 U.S.C. 610(b).
    The CPSC received four written comments representing the views of 
the Government of the People's Republic of China, the Juvenile Products 
Manufacturers Association (JPMA), and two members of the public.\3\ 
CPSC also entered into a contract with Industrial Economics, Inc. 
(IEc), to obtain information from nine current and former crib 
manufacturers, of which eight self-identified as small businesses, on 
the impact of the regulations, and in particular, the burden on small 
businesses. Staff's briefing package reviews all of the comments and 
the IEc report and provides staff's analysis applying the factors 
listed in section 610 of the RFA to the crib standards. As explained in 
the staff's briefing package, CPSC staff concludes that the crib 
standards should be retained without any changes. However, staff's 
review indicated that some of the crib manufacturers and suppliers 
experienced difficulties with increased testing costs and testing 
burdens, as well increased frequency of testing under the testing and 
certification requirements under 16 CFR part 1107, and component 
testing requirements under 16 CFR part 1109. On August 24, 2020, the 
Commission published a

[[Page 55263]]

notice in the Federal Register to announce and seek comment on a rule 
review for 16 CFR parts 1107 and 1109, that is being conducted in 
fiscal year 2021 (85 FR 52078) . Accordingly, the issues raised by crib 
manufacturers on testing and certification under 16 CFR parts 1107 and 
1109, will be considered further in that proceeding.
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    \3\ The World Trade Organization (WTO), on behalf of China, 
submitted several duplicates of the same comment.
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    The staff's briefing package containing the review is available on 
the CPSC website at: https://www.cpsc.gov/Research_Statistics/Toys-
and-Childrens-Products, www.regulations.gov, and from the Commission's 
Division of the Secretariat at the location listed in the ADDRESSES 
section of this notice.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2020-19572 Filed 9-3-20; 8:45 am]
BILLING CODE 6355-01-P