[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29820-29825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09772]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1222
[Docket No. CPSC-2012-0067]
Safety Standard for Bedside Sleepers
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In January 2014, the U.S. Consumer Product Safety Commission
(CPSC or Commission) published a consumer product safety standard for
bedside sleepers 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 bedside sleepers at the time, with modifications to further
reduce the risk of injury associated with bedside sleepers. 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. On February 6,
2023, ASTM notified CPSC that it had published a revised voluntary
standard for bedside sleepers. This direct final rule updates the
mandatory standard for bedside sleepers to incorporate by reference
ASTM's 2023 version of the voluntary standard for bedside sleepers.
DATES: The rule is effective on August 5, 2023, unless the Commission
receives a significant adverse comment by June 8, 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 August 5, 2023.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2012-
0067, 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-2012-0067, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman,
U.S. Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7945 or (888) 531-9070; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority and Background
A. Statutory Authority \1\
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\1\ On April 28, 2023, the Commission voted (4-0) to publish
this direct final rule. This direct final rule is based on
information and analysis contained in the April 19, 2023, Staff
Briefing Package: ASTM's Notice of a Revised Voluntary Standard for
Bedside Sleepers (16 CFR part 1222) (Staff Briefing Package),
available at: https://www.cpsc.gov/s3fs-public/ASTMs-Notice-of-a-Revised-Voluntary-Standard-for-Bedside-Sleepers.pdf?VersionId=slWQp6PbnV.76OOoDX63S_oMPxKX7IGD.
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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 and to adopt mandatory standards for those 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.
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 responding to the voluntary standards organization,
within 90 days of receiving 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, then 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).
B. Bedside Sleepers
A bedside sleeper is a durable infant or toddler product as defined
in section 104(f), and is a type of bassinet. 84 FR 49948-49. Section
5.1 of ASTM F2906 states that bedside sleepers are subject to the
requirements in ASTM F2194, Consumer Safety Specification for Bassinets
and Cradles. Section 3.1.2 of ASTM F2906 defines a bedside sleeper as
``a rigid frame assembly that may be combined with a fabric or mesh
assembly, or both, used to function as sides, ends, or floor or a
combination thereof, and that is intended to provide a sleeping
environment for infants and is secured to an adult bed.''
On January 15, 2014, under section 104 of the CPSIA, the Commission
published the bedside sleeper rule codified in 16 CFR part 1222, which
incorporates by reference ASTM F2906-13, Standard Consumer Safety
Specification for Bedside Sleepers, as the mandatory standard, with
[[Page 29821]]
modifications to the standard to further reduce the risk of injury. 79
FR 2581. The modifications in part 1222 changed references in ASTM
F2906-13 from the voluntary standard for bassinets (ASTM F2194) to the
mandatory standard for bassinets, codified at 16 CFR part 1218 (78 FR
63034 (Oct. 23, 2013)), because the voluntary and mandatory standards
for bassinets were not aligned, and bedside sleepers must meet the
requirements of the bassinet standard.\2\
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\2\ Part 1222 replaces all references to ASTM F2194, Standard
Consumer Safety Specification for Bassinets and Cradles, with 16 CFR
part 1218, Safety Standard for Bassinets and Cradles.
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CPSC has not updated the bedside sleeper rule since publishing the
final rule in 2014. On February 6, 2023, ASTM notified the Commission
that it had approved and published a newly revised version of the
voluntary standard, ASTM F2906-23. ASTM also informed CPSC that they
had previously published 2019 and 2022 versions of ASTM F2906, but the
2019 version reapproved the 2013 version, so there were no material
changes between the 2013 and 2019 versions. As explained below, the
2022 version addressed height requirements for side rails in new
bedside sleeper designs. ASTM did not notify CPSC of the 2019 or 2022
revisions.
On February 17, 2023, the Commission published in the Federal
Register a Notice of Availability, requesting comment on whether the
revisions to the bedside sleeper voluntary standard improve the safety
of bedside sleepers. 88 FR 10304. The public comment period closed on
March 3, 2023. CPSC received two comments. One commenter (JPMA)
supported updating the mandatory standard to incorporate by reference
ASTM F2906-23. The other commenter (a testing laboratory, SGS) alleged
existing errors in ASTM F2906 that should be corrected, specifically in
section 5.5 on testing of locking and latching devices, and sections
7.2, 7.3, and 7.4, related to marking and labeling. SGS stated that
these should be addressed to reduce confusion for test laboratories.
This comment relates to material that is in the 2013 ASTM standard that
part 1222 currently incorporates by reference, and the 2023 revision
does not change. The comment therefore is outside the scope of this
assessment of the 2022 and 2023 updates. However, the Commission
intends that its staff will work with the ASTM subcommittee for bedside
sleepers to address suggested clarifications in a future update.
C. Revisions to the ASTM Bedside Sleeper Standard
As detailed in section II of this preamble, in 2022 and 2023, ASTM
revised the height requirements for side rails adjacent to an adult
bed, to clarify requirements for newer designs of bedside sleepers that
convert from a bassinet into a bedside sleeper. The Commission finds
that ASTM F2906-23 improves the safety of bedside sleepers compared to
ASTM F2906-13, and will allow this voluntary standard to become the new
consumer product safety standard for bedside sleepers 180 days after
notification, meaning as of August 5, 2023. However, consistent with
the existing part 1222, the Commission will continue to replace ASTM
F2906's references to the voluntary standard for bassinets and cradles,
ASTM F2194, with references to the mandatory standard for bassinets and
cradles, 16 CFR part 1218. While revised Sec. 1222.2(b) of the final
rule contains non-substantive editorial changes that simplify how this
substitution is codified, the Commission is maintaining references to
part 1218 because the voluntary and mandatory standard for bassinets
are not aligned and the mandatory standard supersedes the ASTM
standard.
II. Revisions to the Voluntary Standard for Bedside Sleepers, ASTM
F2906
The ASTM standard for bedside sleepers includes performance
requirements, test methods, and requirements for warning labels and
instructional literature, to address hazards to infants associated with
bedside sleepers. Following is a description and assessment of the
changes to ASTM F2906 that were made in 2022 and 2023, as reflected in
the 2023 version of the voluntary standard.
A. Revisions to the Voluntary Standard Through 2022
Bedside sleepers traditionally had three side rails required to
meet the height requirement of a bassinet, 7.5 inches, and one lower
side rail required to have at least a 4-inch side height. The side rail
with a lower side height was intended to be placed next to the adult
bed. Currently, in 16 CFR part 1222, which incorporates by reference
ASTM F2906-13, the entire side rail of the bedside sleeper next to the
adult bed must have at least a 4-inch side height but also must be no
higher than the adult bed mattress height. Sections 5.4 and 5.6 of ASTM
F2906.
In 2022, ASTM revised F2906 in response to newer bedside sleeper
styles that had come onto the market. Some newer bedside sleepers can
convert from a bassinet into a bedside sleeper; one of the side rails
can be lowered from 7.5 inches to 4 inches and placed next to the adult
bed. In some products, the entire side rail lowers to 4 inches, and in
others, a portion of the side rail lowers to 4 inches, and a portion of
the side rail remains fixed at 7.5 inches.
One revision in ASTM F2906-22 was intended to clarify that newer
bedside sleeper designs with a side rail that can be fully lowered to 4
inches, and a side rail that can be partially lowered to 4 inches (with
the remainder of the rail at the 7.5-inch height), are both acceptable
under the voluntary standard. ASTM revised section 5.6 of ASTM F2906
regarding the height requirement for lowered and fixed portions of a
side rail next to the adult bed. ASTM deleted text that is crossed
through and added the underlined text.
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Thus, ASTM F2906-22 required that each of the 4 side rails of a
bedside sleeper meet a side-height requirement: a partial low/lowered
side height requirement of 4 inches next to the adult bed and otherwise
a fixed side height requirement with a minimum of 7.5 inches.\3\ This
revision would allow products to have a portion of the side rail at 7.5
inches. In this configuration the fixed-height side rails meet the 7.5-
inch side-height requirement, consistent with the Commission's
mandatory rule for bassinets. See 16 CFR part 1218. The lowered portion
of the side rail is also required to be below the adult bed height and
secured to, and flush with, the side of the adult bed. CPSC staff
assesses that this configuration prevents positional asphyxia hazards
due to head/neck entrapment over the lower side rail.
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\3\ These requirements are continued in ASTM F2906-23 sections
5.4 and 5.1.1.
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The second revision in section 8.3.4 of ASTM F2906-22 conformed the
instructional literature that accompanies bedside sleepers to the
changes in section 5.6. ASTM added the underlined text.
8.3.4 To avoid death from the infant's neck being caught on the top
rail on the side that is next to the adult bed, the lowered portion of
the top rail must be no higher than the adult bed mattress.
B. 2023 Revisions to the Voluntary Standard
After publication of ASTM F2906-22, the ASTM subcommittee found
that the revised section 5.6 exempting fixed side rails could be
interpreted as allowing a fixed lower rail side to be above the adult
bed mattress, posing a strangulation hazard if the infant's neck is
caught on this exposed rail that is less than 7.5 inches high.
Accordingly, in ASTM F2960-23, ASTM further revised section 5.6 with
the following changes compared to the 2022 version:
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C. Assessment of ASTM F2906-23 Revisions
Section 5.4 of ASTM F2906, which has not changed since 2013,
requires the lowered portion of a bedside sleeper side rail adjacent to
an adult bed to be no less than 4 inches:
5.4 The bedside sleeper shall have a barrier around the entire
perimeter of the occupant retention space. If a bedside sleeper is
equipped with a side or end portion which is lower or partially lowers
by any means, the height of the side rail in the lowest position shall
be no less than 4 in. (10.2 cm) when measured from the top of the
uncompressed bedside sleeper mattress to the top of the lowered side
rail, when the mattress support is in its highest position.
[[Page 29823]]
Table 1 compares side rail height requirements in section 5.6 of 16
CFR part 1222 (incorporating ASTM F2906-13) with those of the revised
ASTM F2906-23.
Table 1--Side-Height Requirements in 16 CFR Part 1222 and ASTM F2906-23
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16 CFR part 1222 (incorporating ASTM
F2906-13) ASTM F2906-23
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5.6 The bedside sleeper must provide a 5.6 The bedside sleeper shall
means to be secured to an adult bed provide a means to be secured
and the top bed rail designed to be to an adult bed. The bedside
adjacent to the adult bed shall be at sleeper rail that is designed
or below the acceptable adult bed to be adjacent to the adult
height range specified in the bed shall be at or below the
instructional literature. acceptable adult bed height
range specified in the
manufacturer's instructions
except for any portion of the
rail that is 7.5 inches or
higher when measured according
to the side height requirement
found in ASTM F2194.
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Based on the analysis in the Staff Briefing Package, the Commission
determines that the revisions to the bedside sleeper voluntary standard
made in ASTM F2906-23 are an improvement in safety relative to the 2013
version of the standard that is incorporated into the current rule, 16
CFR part 1222, because the revisions clarify the safety requirements
for bedside sleeper side rails that use two different side heights for
the rail next to the adult bed, allowing portions of the rail to be at
an elevated height. This configuration was introduced into the
marketplace without side-height provisions in the ASTM F2906-13
standard that specifically address this design feature. ASTM F2906-23
addresses such designs by specifying that the bedside sleeper side rail
adjacent to the adult bed does not need to be one continuous rail as
long as the side rail meets the height requirements in the revised ASTM
F2906-23.
III. Incorporation by Reference
Section 1222.2(a) of the direct final rule incorporates by
reference ASTM F2906-23. In accordance with regulations of the Office
of the Federal Register (OFR), 1 CFR 51.5(b), section II of this
preamble, Revisions to the Voluntary Standard for Bedside Sleepers,
ASTM F2906, summarizes the revised provisions of ASTM F2906-23 that the
Commission incorporates by reference into 16 CFR part 1222. The
standard is reasonably available to interested parties in several ways.
Until the direct final rule takes effect, a read-only copy of ASTM
F2906-23 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 F2906-23 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 bedside sleepers are children's products, a
CPSC-accepted third party conformity assessment body must test samples
of the products for compliance with 16 CFR part 1222. Products subject
to part 1222 also must be compliant with all other applicable CPSC
requirements, such as the lead content requirements in section 101 of
the CPSIA,\4\ the phthalates prohibitions in section 108 of the CPSIA
\5\ and 16 CFR part 1307, the tracking label requirements in section
14(a)(5) of the CPSA,\6\ and the consumer registration form
requirements in section 104(d) of the CPSIA.\7\ 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
bedside sleepers, and codified the requirement at 16 CFR
1112.15(b)(35).
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\4\ 15 U.S.C. 1278a.
\5\ 15 U.S.C. 2057c.
\6\ 15 U.S.C. 2063(a)(5).
\7\ 15 U.S.C. 2056a(d).
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The modified requirements for bedside sleepers in ASTM F2906-23 use
testing requirements that are substantially the same as existing
requirements for evaluating side rail height compliance. Accordingly,
the revisions in ASTM F2906-23 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 1222
to have demonstrated competence to test bedside sleepers to the revised
ASTM F2906-23, as incorporated into part 1222. 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 Bedside Sleepers will remain in place,
and CPSC-accepted third party labs are expected to update the scope of
their accreditations to reflect the revised bedside sleepers 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,
[[Page 29824]]
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 F2906-23
would take effect as the new CPSC standard for bedside sleepers in the
absence of any action by the Commission. 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 about
the requirements in this update based on the Notice of Availability, as
reviewed in section I.B of this preamble.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on August 5, 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 that
undermines ``the rule's underlying premise or approach'' or a showing
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 a further 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 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 bedside sleepers 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 bedside sleepers does not alter these requirements. The
Commission took the steps required by the PRA for information
collections when it adopted 16 CFR part 1222, including obtaining
approval and a control number, which have now been incorporated into
the collection for Third Party Testing of Children's Products, Office
of Management and Budget (OMB) Control No. 3041-0159. 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 bedside
sleepers. Therefore, ASTM F2906-23 automatically will take effect as
the new mandatory standard for bedside sleepers on August 5, 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 notification, the rule will become
effective on August 5, 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 1222
Consumer protection, Imports, Incorporation by reference, Infants
and
[[Page 29825]]
children, Labeling, Law enforcement, Safety, Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1222--SAFETY STANDARD FOR BEDSIDE SLEEPERS
0
1. Revise the authority citation for part 1222 to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise Sec. 1222.2 to read as follows:
Sec. 1222.2 Requirements for bedside sleepers.
(a) Except as provided in paragraph (b) of this section, each
bedside sleeper shall comply with all applicable provisions of ASTM
F2906-23, Standard Consumer Safety Specification for Bedside Sleepers,
approved on January 1, 2023. 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) Each bedside sleeper shall comply with the ASTM F2906-23
standard except in sections 2.1, 5.1, 5.6, 7.1, and 8.1 of ASTM F2906-
23, replace both ``F2194 Consumer Safety Specification for Bassinets
and Cradles'' and ``Consumer Specification F2194,'' with ``16 CFR part
1218 Safety Standard for Bassinets and Cradles.''
Pamela J. Stone,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-09772 Filed 5-8-23; 8:45 am]
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