[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13686-13691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04398]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1220
[Docket No. CPSC-2019-0025]
Safety Standard for Non-Full-Size Baby Cribs
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In December 2010, the U.S. Consumer Product Safety Commission
(CPSC or Commission) published a consumer product safety standard for
non-full-size baby cribs (NFS cribs) pursuant to section 104 of the
Consumer Product Safety Improvement Act of 2008 (CPSIA). The
Commission's mandatory standard incorporated by reference the ASTM
voluntary standard that was in effect for NFS cribs at the time, with
modifications to make the standard more stringent, to further reduce
the risk of injury associated with NFS cribs, and to exclude sections
of the ASTM voluntary standard inapplicable to NFS cribs. The CPSIA
sets forth a process for updating mandatory standards for durable
infant or toddler products that are based on a voluntary standard, when
a voluntary standards organization revises the standard. In November
2022, ASTM published a revised voluntary standard for NFS cribs, and it
notified the Commission of this revised standard in December 2022. This
direct final rule updates the mandatory standard for NFS cribs to
incorporate by reference ASTM's 2022 version of the voluntary standard
for NFS cribs.
DATES: The rule is effective on June 3, 2023, unless the Commission
receives a significant adverse comment by April 5, 2023. If the
Commission receives such a comment, it will publish a document 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 June 3, 2023.
ADDRESSES: You can 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: 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:
[[Page 13687]]
I. Statutory Authority and Background 1
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\1\ On February 22, 2023, the Commission voted (4-0) to publish
this direct final rule.
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A. Statutory Authority 2
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\2\ This direct final rule is based on information and analysis
contained in the February 15, 2023, Staff Briefing Package: ASTM's
Notice of a Revised Voluntary Standard for Non-Full Size Baby Cribs
(16 CFR part 1220), available at: https://www.cpsc.gov/s3fs-public/ASTMs-Notice-of-a-Revised-Voluntary-Standard-for-Non-Full-Size-Cribs.pdf?VersionId=tWRFQSh1k.v1WI3fQKfaQSAunGczu1k.
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Section 104(b)(1) of the CPSIA requires the Commission to assess
the effectiveness of voluntary standards for durable infant or toddler
products \3\ and to 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 it 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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\3\ Section 104(f)(2)(A) of the CPSIA lists NFS cribs as a
durable infant or toddler product. 15 U.S.C. 2056a(f)(2)(A).
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Section 104(b)(4)(B) of the CPSIA also specifies the process for
when a voluntary standards organization revises a standard that the
Commission has incorporated by reference under section 104(b)(1). 15
U.S.C. 2056a(b)(4)(B). First, the voluntary standards organization must
notify the Commission of its revised voluntary standard. Once the
Commission receives that notification, the Commission may reject or
accept the revised voluntary standard. The Commission may reject the
revised standard by notifying the voluntary standards organization,
within 90 days of notification, that it has determined that the revised
voluntary standard does not improve the safety of the consumer product
covered by the standard, and that the Commission is retaining the
existing mandatory standard. If the Commission does not take this
action to reject the revised voluntary standard, the revised voluntary
standard will be considered a consumer product safety standard issued
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058),
effective 180 days after the Commission received notification of the
revision (or a later date specified by the Commission in the Federal
Register). 15 U.S.C. 2056a(b)(4)(B).
Additionally, section 104(c) of the CPSIA contains special
provisions for rules regarding cribs, including NFS cribs. Sections
104(c)(1) and (2) make the standards the Commission adopts for cribs
under section 104(b) of the CPSIA enforceable against a larger class of
parties than are ordinarily subject to section 104 rules.\4\ 15 U.S.C.
2056a(c)(1), (2). However, Congress later limited this expanded
application of crib standards. Section 104(c)(3) of the CPSIA, added in
2011, limits the application of crib rule updates adopted through the
section 104 process to manufacturers or importers of cribs, unless the
Commission determines that application to any other person described in
section 104(c)(2) is ``necessary to protect against an unreasonable
risk to health or safety.'' 15 U.S.C. 2056a(c)(3); Public Law 112-28,
125 Stat. 273 (Aug. 12, 2011). Based on the lack of incident data
related to cords and straps for NFS cribs, as discussed in staff's
briefing package,\5\ the Commission is not making this determination
for the current revision to the NFS cribs rule.\6\ Accordingly, as
specified in CPSIA section 104(c)(3), this direct final rule applies
only to persons that manufacture or import cribs.
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\4\ 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)(2).
\5\ See Staff's Briefing Package at p.6, stating that staff
reviewed NFS crib incident data since August 2019 and found no
incidents associated with cords or straps.
\6\ CPSC has twice before updated the NFS cribs rule and
likewise did not make this determination in either update. 83 FR
26206 (June 6, 2018); 84 FR 56684 (Oct. 23, 2019).
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B. Safety Standard for NFS Cribs
On December 28, 2010, under section 104 of the CPSIA, the
Commission published the first NFS cribs rule that incorporated by
reference ASTM F406-10a, Standard Consumer Safety Specification for
Non-Full-Size Cribs/Play Yards, as the mandatory standard, with
modifications to the standard to further reduce the risk of injury. 75
FR 81766, at 81780. That new 16 CFR part 1220 excluded sections of ASTM
F406 that apply solely to play yards, which are not covered by part
1220 but are incorporated into a separate rule for play yards, 16 CFR
part 1221. Id.
Section 1220.1(c)(1) defines a NFS crib as a bed that is:
Designed to provide sleeping accommodations for an infant;
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;
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; and
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).
16 CFR 1220.1(c)(1).
The rule further states that NFS cribs include, but are not limited
to, portable cribs, crib pens, specialty cribs, undersize cribs, and
oversize cribs, as these products are defined in the rule. Id.
Generally, the NFS cribs rule applies to rigid-sided cribs, while the
play yard rule applies to mesh-sided products.
CPSC has twice before updated the NFS cribs rule, adopting ASTM
F406-17 in 2018 (83 FR 26206 (June 6, 2018)), and adopting ASTM F406-19
in 2019 (84 FR 56684 (Oct. 23, 2019)). In both cases, CPSC accepted the
revised voluntary standard as the mandatory standard for NFS cribs, and
updated the incorporation by reference in 16 CFR part 1220 to reflect
the revised voluntary standard. In both cases, CPSC also maintained the
exceptions listed in Sec. 1220.2(b), which lists sections of the
voluntary standard that solely apply to play yards.
On December 5, 2022, ASTM notified the Commission that it had
approved and published a newly revised version of the voluntary
standard, ASTM F406-22. On December 15, 2022, the Commission published
in the Federal Register a Notice of Availability, requesting comment on
whether the revision improves the safety of NFS baby cribs and/or play
yards (87 FR 76614). The public comment period closed on December 29,
2022. CPSC received eight comments, four of which, in supporting the
revised voluntary standard, discussed the safety of modified
requirements for cords and straps that apply to NFS baby cribs; the
remaining comments addressed only play yard safety. Per the statute,
the revised voluntary standard will take effect as the new mandatory
standard for NFS cribs on June 3, 2023, unless the Commission specifies
a later date in the Federal Register or notifies ASTM by March 5, 2023,
that it has determined the revision does not improve the safety
[[Page 13688]]
of NFS baby cribs. 15 U.S.C. 2056a(b)(4)(B).
As explained in section II.A of this preamble, ASTM F406-22
contains two substantive revisions to the voluntary standard that
improve the safety of NFS cribs. One modification addresses a
strangulation hazard by clarifying the requirements and testing of
cords and straps on NFS cribs, and the other modification expands the
scope of the voluntary standard to include products that are marketed
for play, or sleep, or both. Part II.B of this preamble describes non-
substantive clarifications in the revised voluntary standard. Based on
staff's evaluation of ASTM F406-22 and consideration of the public
comments, the Commission will allow ASTM F406-22 to become the new
consumer product safety standard for NFS baby cribs because it improves
safety. ASTM F406-22 will become the mandatory consumer product safety
standard for NFS cribs on June 3, 2023. 15 U.S.C. 2056a(b)(4)(B). This
direct final rule updates 16 CFR part 1220 to incorporate by reference
the applicable provisions of the revised voluntary standard, ASTM F406-
22, with modifications that maintain the exclusion of requirements that
apply solely to play yards.
II. Description of ASTM F406-22 Related to NFS Cribs
The ASTM standard for NFS cribs includes performance requirements,
test methods, and requirements for warning labels and instructional
literature, to address hazards to infants associated with NFS cribs.
The December 2022 revision to the voluntary standard, ASTM F406-22,
includes substantive and non-substantive revisions, as described in
section II.A and B.
A. Substantive Changes in ASTM F406-22
1. Length of Cords/Straps
NFS cribs and their attaching accessories may feature cords/straps
intended for various purposes, such as securing and attaching an
accessory to the NFS crib's frame. Cords or straps, when either
connected or entangled together, may form a loop that presents the risk
of strangulation around the neck. To reduce this hazard, ASTM F406-19
specifies requirements for accessories, as defined in section 3.1.1 and
3.1.4 of ASTM F406-19,\7\ that have cords/straps that can form a loop;
the perimeter length of these cords/straps is limited to no more than
16.3 inches.\8\ ASTM F406-22 makes this requirement a general
requirement, so that the cord length limit now applies to the whole of
in-scope products and not just to the attachment of accessories. ASTM
F406-22 limits the maximum permissible perimeter length of a loop such
that the standard small head probe, which is based on the head
circumference of a 5th percentile 6-month-old child, cannot fit through
the loop, thus preventing a strangulation hazard. This change now makes
all cords/straps, whether attached to the NFS crib or to an accessory
feature, subject to the loop requirement.
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\7\ Examples of NFS baby crib accessories include bassinets or
changing tables that attach to the top rail of the frame.
\8\ ASTM F406-22 defines a ``cord'' as a length of slender
flexible material, including monofilaments, rope, woven and twisted
cord, plastic and textile tapes, ribbon, and materials commonly
called string. ASTM F406-22 defines a ``strap'' as a piece of
flexible material of which the width is significantly greater than
the thickness.
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ASTM F406-22's loop requirement also addresses connecting cords/
straps, such as shown in Figure 1 below. The limit on cord/strap length
is intended to prevent a small infant's head, represented by the
standard small head probe, from fitting through the loop. ASTM F406-19
limits the free length of any single cord/strap attached to the NFS
baby crib to no more than 7.4 inches (section 5.13.1 of ASTM F406-19).
Thus, if two straps are attached end-to-end, they cannot form a loop
greater than 14.8 inches, which is too small for the standard small
head probe. However, products may feature two straps that are attached
to the product, separated by a distance L, that can connect to form a
loop, as shown in Figure 1. The loop formed by the straps, in addition
to the distance L, may exceed the 16.3 inch perimeter length of the
standard small head probe. To address the potential for strangulation,
ASTM F406-22 states that the length of a loop is in ``conjunction with
the product,'' and measures the perimeter length to include the
distance L, as shown in Figure 1.
[GRAPHIC] [TIFF OMITTED] TR06MR23.010
Adjustable straps, buckles, or other hardware can increase the
perimeter of a cord or loop. ASTM F406-19 does not specify testing
requirements for such hardware. ASTM F406-22 clarifies and improves the
test method in section 8.24.1 to measure the free-hanging length of
single cords/straps, now stating: ``Using a \3/4\ in. (19 mm)
[[Page 13689]]
diameter clamping surface (Fig. A1.29), gradually apply a 5 lbf (22 N)
force to the end of each cord/strap in its fully-extended
configuration.'' Testing a strap to ``its fully-extended
configuration'' ensures that a strap with an adjustable length and a
sliding buckle is tested to the strap's maximum length. The update also
adds that any hardware attached to the cords/straps, such as buckles,
should be included in the length measurement. Lastly, the update
specifies that if multiple cords/straps attach to the product in the
same location (i.e., distance L = 0 in Figure 1 above), they should be
treated as separate and measured individually.
Although staff found no incidents related to cords/straps on NFS
cribs, the Commission finds that the updates to the cord/strap
requirements in ASTM F406-22 are an improvement in safety. The loop
requirement that addresses a strangulation risk, and previously was
applicable only to cords/straps attached to accessories in ASTM F406-
19, is now a general requirement that applies to all parts of in-scope
products. The changes to the free-length measurement test method also
improve safety by including adjustable straps, buckles, and other
hardware in the length measurement.
2. Scope
Section 1.2 of ASTM F406-19 defines the standard's scope: ``This
specification covers a framed enclosure with a floor made for the
purpose of providing sleeping and playing accommodations for a child
who cannot climb out and is less than 35 in. (890 mm) in height.''
Based on this scope, products that are intended to be used only for
play and not for sleep can be excluded from the requirements of the
F406-19 standard, and therefore may be hazardous. To cover these
products, ASTM F406-22 revises the phrase ``sleeping and playing
accommodations'' to ``sleeping or playing accommodations, or both.''
This, for example, prevents manufacturers from attempting to exempt
their products from the standard by specifying the product is
exclusively intended for play. This change in ASTM F406-22 is an
improvement in safety.
B. Non-Substantive Changes in ASTM F406-22
1. Accessories Definitions and Entrapment in Accessories Requirements
ASTM F406-22 adds multiple definitions for various types of NFS
baby crib accessories, including ``play yard/non-full-size crib
dependent accessories'' (section 3.1.23), ``full accessories'' (section
3.1.23.1), ``full bassinet accessories'' (section 3.1.23.2), and
``bassinet dependent accessories'' (section 3.1.23.3).\9\ ASTM F406-19,
in contrast, provides only one general definition for accessories
(section 3.1.1). ASTM F406-22 also revises section 5.15 Entrapment in
Accessories to clarify the types of accessories to which the
requirements apply. In ASTM F406-19, the section 5.15 requirements
provided a lengthy description stating that these requirements do not
apply to accessories that make the non-full-size crib/play yard
unusable when the accessory is assembled.\10\ ASTM F406-22 now defines
these types of accessories as full accessories (section 3.1.23.1) and
removes their description from section 5.15, resulting in a shorter,
more concise description. Other than these clarifications, the
requirements that address entrapment in accessories remain the same.
These changes are safety neutral.
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\9\ ``Full accessories'' are essentially accessories that fully
cover the top opening of the product, ``full bassinet accessories''
are essentially elevated ``full accessories'' and ``bassinet
dependent accessories'' are accessories to ``full bassinet
accessories.''
\10\ For example, an accessory such as a bassinet that covers
the entire opening of the NFS baby crib will make the lower portion
of the product unusable when the accessory in installed.
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2. Mattress Exception for Products Designed Exclusively for Play
ASTM F406-22 moves from a note to a new requirement (section
5.16.1) the language that a mattress is not required to be provided
with a product if the product is designed exclusively for play and not
for sleep and is intended to be used without a mattress. This change
has no effect on safety.
3. Minor Editorial Changes
ASTM F406-22 includes the following editorial changes that have no
effect on safety:
In section 8.26, replaces ``play yard'' and ``non-full-
size crib'' with ``product'';
Globally changes values given with a tolerance to include
units for the nominal value (e.g., 27 2 lbf changed to 27
lbf 2 lbf); and
Globally changes two-dimensional measurements to include
units for all values (e.g., 2-by-2in. changed to 2-in. by 2-in.).
C. Public Comments
The Commission requested public comment on how the revisions to
ASTM F406-22 affect the safety of NFS cribs. Three commenters (Iron
Mountains, Independent Safety Consulting, and the Juvenile Products
Manufacturers Association) stated that the addition of a general
requirement for cords/straps that can form a loop improves the safety
of NFS cribs. The commenters noted that previously the requirement only
restricted the free length of stretched cords/straps to no more than
7.4 inches, but the new requirement is an added protection from the
risk of cords/straps that can form a loop. Consumer and Hazardous
Product Safety Directorate, Health Canada stated in its comments that
the cords/straps requirement aligns with Canada's current regulations
for play yards, cribs, cradles, and bassinets. The Commission agrees
with the commenters that the addition of a general requirement for
cords/straps that can form a loop improves safety. The loop
requirement, which was previously only applicable to cords/straps
attached to accessories in ASTM F406-19, is now a general requirement
that applies to all parts of in-scope products, reducing the risk of
strangulation on cords and straps.
D. Assessment of ASTM F406-22
Under CPSIA section 104(b)(4)(B), unless the Commission determines
that ASTM's revision to a voluntary standard that is referenced in a
mandatory standard ``does not improve the safety of the consumer
product covered by the standard,'' the revised voluntary standard
becomes the new mandatory standard. The Commission concludes that the
substantive changes in ASTM F406-22 related to NFS baby cribs improve
the safety of NFS cribs. The requirements addressing loops formed by
cords and straps, which were previously only applicable to accessories,
are now provided as a general requirement that reduces the
strangulation hazard for all cords/straps anywhere on the product.
Moreover, changes to the scope of the voluntary standard clarify the
coverage of applicable provisions of the standard to all NFS cribs.
III. Incorporation by Reference
Section 1220.2(a) of the direct final rule incorporates by
reference ASTM F406-22. The Office of the Federal Register (OFR) has
regulations regarding incorporation by reference. 1 CFR part 51. Under
these regulations, agencies must discuss, in the preamble to a final
rule, ways in which the material the agency incorporates by reference
is reasonably available to interested parties, and how interested
parties can obtain the material. In addition, the preamble to the final
rule must summarize the material. 1 CFR 51.5(b).
In accordance with the OFR regulations, section II of this
preamble, Description of ASTM F406-22 Related
[[Page 13690]]
to NFS Cribs, summarizes the revised provisions of ASTM F406-22 that
the Commission incorporates by reference into 16 CFR part 1220. The
standard is reasonably available to interested parties in several ways.
Until the direct final rule takes effect, a read-only copy of ASTM
F406-22 is available for viewing on ASTM's website at: https://www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of
the standard will be available for viewing on the ASTM website at:
https://www.astm.org/READINGLIBRARY/. Additionally, interested parties
can purchase a copy of ASTM F406-22 from ASTM International, 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA;
phone: 610-832-9585; www.astm.org. Finally, interested parties can
schedule an appointment to inspect a copy of the standard 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].
IV. Testing and Certification
Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C.
2051-2089) requires manufacturers, including importers, of 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, to certify that the products comply 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
CPSC to test according to the applicable requirements. As noted,
standards issued under section 104(b)(1)(B) of the CPSIA are ``consumer
product safety standards.'' Thus, they are subject to the testing and
certification requirements of section 14 of the CPSA.
Additionally, because NFS cribs are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products for compliance with 16 CFR part 1220. Products subject to
part 1220 also must be compliant with all other applicable CPSC
requirements, such as the lead content requirements in section 101 of
the CPSIA,\11\ the phthalates prohibitions in section 108 of the CPSIA
\12\ and 16 CFR part 1307, the tracking label requirements in section
14(a)(5) of the CPSA,\13\ and the consumer registration form
requirements in section 104(d) of the CPSIA.\14\ In accordance with
section 14(a)(3)(B)(iv) of the CPSIA, the Commission previously
published a notice of requirements (NOR) for accreditation of third
party conformity assessment bodies (third party labs) for testing NFS
cribs, and codified the requirement at 16 CFR 1112.15(b)(6).
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\11\ 15 U.S.C. 1278a.
\12\ 15 U.S.C. 2057c.
\13\ 15 U.S.C. 2063(a)(5).
\14\ 15 U.S.C. 2056a(d).
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The modifications to the straps and cord requirements for NFS cribs
in ASTM F406-22 use testing requirements that are substantially the
same as existing requirements for cords and straps on accessories.
Accordingly, the new cord/strap requirements do not require that labs
obtain additional test equipment or new training. The Commission
considers third party labs that are currently CPSC-accepted for 16 CFR
part 1220 to have demonstrated competence to test NFS cribs to the
revised ASTM F406-22, as incorporated into part 1220. Accordingly, the
existing accreditations that the Commission has accepted for testing to
this standard will cover testing to the revised standard. The existing
NOR for the Safety Standard for Non-Full-Size Baby Cribs will remain in
place, and CPSC-accepted third party labs are expected to update the
scope of their accreditations to reflect the revised NFS cribs standard
in the normal course of renewing their accreditations.
V. Direct Final Rule Process
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, section 553 of the
APA provides an exception when the agency ``for good cause finds'' that
notice and comment are ``impracticable, unnecessary, or contrary to the
public interest.'' Id. 553(b)(B).
The purpose of this direct final rule is to update the reference in
the Code of Federal Regulations (CFR) so that it reflects the version
of the standard that takes effect by statute. This rule updates the
reference in the CFR, but under the terms of the CPSIA, ASTM F406-22
takes effect as the new CPSC standard for NFS cribs, even if the
Commission does not issue this rule. Thus, public comments would not
lead to substantive changes to the standard or to the effect of the
revised standard as a consumer product safety rule under section 104(b)
of the CPSIA. Under these circumstances, notice and comment are
unnecessary.
In Recommendation 95-4, the Administrative Conference of the United
States (ACUS) endorses direct final rulemaking as an appropriate
procedure to expedite rules that are noncontroversial and that are not
expected to generate significant adverse comments. See 60 FR 43108
(Aug. 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 CPSC does not expect any significant adverse
comments. We note that CPSC did not receive any adverse comments based
on the Notice of Availability, as reviewed in section II.C of this
preamble.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on June 3, 2023.
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.''
60 FR 43108, 43111. As noted, this rule updates a reference in the CFR
to reflect a change that occurs by statute.
If the Commission receives a significant adverse comment, the
Commission will withdraw this direct final rule. Depending on the
comment 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.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally
requires agencies to 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,
604. The RFA applies to any rule that is subject to notice and comment
procedures under section 553 of the APA. Id. As discussed in section V
of this preamble regarding the Direct Final Rule Process, the
Commission has determined that notice and the opportunity to comment
are unnecessary for this rule. Therefore, the RFA does not apply. The
Commission also notes the limited nature of this
[[Page 13691]]
document, which updates the incorporation by reference to reflect the
mandatory CPSC standard that takes effect under section 104 of the
CPSIA.
VII. Paperwork Reduction Act
The current mandatory standard for NFS cribs includes requirements
for marking, 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 standard for NFS
cribs does not alter these requirements. The Commission took the steps
required by the PRA for information collections when it adopted 16 CFR
part 1220, 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.
VIII. Environmental Considerations
The Commission's regulations provide for a categorical exclusion
from any requirement to prepare an environmental assessment or an
environmental impact statement where they ``have little or no potential
for affecting the human environment.'' 16 CFR 1021.5(c)(2). This rule
falls within the categorical exclusion, so no environmental assessment
or environmental impact statement is required.
IX. Preemption
Section 26(a) of the CPSA provides that where a consumer product
safety standard 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. 15 U.S.C.
2075(a). Section 26(c) of the CPSA also provides that states or
political subdivisions of states may apply to CPSC for an exemption
from this preemption under certain circumstances. Section 104(b) of the
CPSIA deems rules issued under that provision ``consumer product safety
standards.'' Therefore, once a rule issued under section 104 of the
CPSIA takes effect, it will preempt in accordance with section 26(a) of
the CPSA.
X. Effective Date
Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
when a voluntary standards organization revises a standard that the
Commission adopted as a mandatory standard, the revision becomes the
CPSC standard 180 days after 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. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of
those actions with respect to the revised standard for NFS cribs.
Therefore, ASTM F406-22 automatically will take effect as the new
mandatory standard for NFS cribs on June 3, 2023, 180 days after the
Commission received notice of the revision. As a direct final rule,
unless the Commission receives a significant adverse comment within 30
days of this notice, the rule will become effective on June 3, 2023.
XI. 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 CRA 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
has determined that this rule does not qualify as a ``major rule,'' as
defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit
the required information to each House of Congress and the Comptroller
General.
List of Subjects in 16 CFR Part 1220
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: 15 U.S.C. 2051 Notes; 15 U.S.C. 2056a.
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
F406-22, Standard Consumer Safety Specification for Non-Full-Size Baby
Cribs/Play Yards, approved on October 1, 2022. 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. This material is available for
inspection at the U.S. Consumer Product Safety Commission and at the
National Archives and Records Administration (NARA). Contact the U.S.
Consumer Product Safety Commission at: the Office of the Secretary,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814, telephone (301) 504-7479, email: [email protected].
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. A free, read-only copy of the standard is
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may also obtain a copy from ASTM International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
phone: (610) 832-9585; www.astm.org.
(b) Comply with the ASTM F406-22 standard with the following
exclusions:
(1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
22.
(2) Do not comply with section 5.16.2 through 5.16.2.2 of ASTM
F406-22.
(3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
22.
(4) Do not comply with section 7, Performance Requirements for
Mesh/Fabric Products, of ASTM F406-22.
(5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
22.
(6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
22.
(7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
22.
(8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
22.
(9) Do not comply with section 8.16 through 8.16.3 of ASTM F406-22.
(10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM
F406-22.
(11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
22.
(12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
22.
(13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
22.
(14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM
F406-22.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-04398 Filed 3-3-23; 8:45 am]
BILLING CODE 6355-01-P