[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Pages 76614-76615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27173]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2019-0025]


Notice of Availability and Request for Comment: Revision to the 
Voluntary Standard for Non-Full-Size Baby Cribs and Play Yards

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of availability and request for comment.

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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or 
CPSC) has two mandatory rules that incorporate by reference applicable 
provisions of ASTM F406-19, Standard Consumer Safety Specification for 
Non-Full-Size Baby Cribs/Play Yards. These mandatory rules are: (1) 
Safety Standard for Non-Full-Size Baby Cribs, and (2) Safety Standard 
for Play Yards. The Commission received notice from ASTM International 
that it has revised ASTM F406-19. CPSC seeks comment on whether the 
revised voluntary standard, ASTM F406-22, improves the

[[Page 76615]]

safety of the consumer products covered by the standard.

DATES: Comments must be received by December 29, 2022.

ADDRESSES: 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: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by electronic mail (email), except as described 
below. CPSC encourages you to submit electronic comments by using the 
Federal eRulemaking Portal.
    Mail/hand delivery/courier/confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: https://www.regulations.gov. Do not submit 
through this website: confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2019-0025, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Fred DeGrano, Project Manager, 
Division of Mechanical and Combustion Engineering, U.S. Consumer 
Product Safety Commission, 5 Research Place, Rockville, MD 20850; 
telephone: (301) 987-2711; email: [email protected].

SUPPLEMENTARY INFORMATION: Section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (CPSIA) requires the Commission to adopt 
mandatory standards for durable infant or toddler products. 15 U.S.C. 
2056a(b)(1). Mandatory standards may be based, in whole or in part, on 
a voluntary standard.
    Pursuant to section 104(b)(4)(B) of the CPSIA, if a voluntary 
standards organization revises a standard that has been adopted, in 
whole or in part, as a consumer product safety standard under CPSIA 
section 104, it must notify the Commission. The revised voluntary 
standard then 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 a later date 
specified by the Commission in the Federal Register) unless, within 90 
days after receiving that notice, the Commission responds to the 
organization that it has determined that the proposed revision does not 
improve the safety of the consumer product covered by the standard, and 
therefore the Commission is retaining its existing mandatory consumer 
product safety standard. 15 U.S.C. 2056a(b)(4)(B).
    Under this authority, the Commission issued two mandatory safety 
rules that incorporate by reference applicable provisions of ASTM F406: 
Safety Standard for Non-Full-Size Baby Cribs, codified at 16 CFR part 
1220 (75 FR 81787, Dec. 28, 2010), and Safety Standard for Play Yards, 
codified at 16 CFR part 1221 (77 FR 52228, Aug. 29, 2012). These 
mandatory standards include performance requirements and test methods, 
as well as requirements for warning labels and instructions, to address 
hazards to children. After the Commission's promulgation of these final 
rules, ASTM published several revisions to ASTM F406 that the 
Commission allowed to take effect, most recently in 2019. 84 FR 56684 
(Oct. 23, 2019).
    On December 5, 2022, ASTM notified the Commission that it had 
approved and published another revised version of the voluntary 
standard, ASTM F406-22. CPSC staff is assessing the revised voluntary 
standard to determine, consistent with section 104(b)(4)(B) of the 
CPSIA, its effect on the safety of non-full-size baby cribs subject to 
16 CFR part 1220, and, separately, the safety of play yards subject to 
16 CFR part 1221. The Commission invites public comment on those 
questions to inform staff's assessment and subsequent Commission 
consideration of the revisions in ASTM F406-22. The Commission 
particularly seeks comment on the impact of ASTM F406-22's revisions 
regarding mattress thickness, gap measurement, and the length of loops 
for cords/straps.\1\
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    \1\ The Commission voted 4-0 to publish this notice.
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    A read-only copy of a redline demonstrating revisions to ASTM F406 
is available for review on ASTM's website (https://www.astm.org/CPSC.htm), at no cost. Likewise, a read-only copy of the existing, 
incorporated standard, ASTM F406-19, is available for viewing, at no 
cost, on the ASTM website at: https://www.astm.org/READINGLIBRARY/. 
Interested parties can also download copies of the standards by 
purchasing them from ASTM International, 100 Barr Harbor Drive, P.O. 
Box C700, West Conshohocken, PA 19428-2959; phone: 610-832-9585; 
https://www.astm.org. Alternatively, interested parties may schedule an 
appointment to inspect copies of the standards at CPSC's Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, telephone: 301-504-7479; email: [email protected].
    Comments must be received by December 29, 2022. Because of the 
short statutory time frame Congress established for the Commission to 
consider revised voluntary standards under section 104(b)(4) of the 
CPSIA, CPSC will not consider comments received after this date.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-27173 Filed 12-14-22; 8:45 am]
BILLING CODE 6355-01-P