[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Rules and Regulations]
[Pages 8676-8682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01721]
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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 incorporates by reference ASTM F406,
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards, with modifications that exclude sections of ASTM F406 that
apply to play yards exclusively. 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 August 1, 2024, ASTM approved a
revised voluntary standard, and this direct final rule updates the
mandatory standard for NFS cribs to incorporate by reference the 2024
version of ASTM F406.
DATES: The rule is effective on April 5, 2025, unless the Commission
receives a significant adverse comment by March 3, 2025. If the
Commission 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 April 5, 2025.
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 email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, 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: www.regulations.gov. Do not submit to this
website: confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to
[[Page 8677]]
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: www.regulations.gov, and insert the docket
number, CPSC-2019-0025, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Frederick 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:
I. Statutory Authority and Background
A. Statutory Authority
Section 104(b) of the CPSIA 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). Mandatory standards must be ``substantially the
same as'' voluntary standards, or they may be ``more stringent'' than
the voluntary standards, if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the products. Id. Mandatory standards may be based, in
whole or in part, on a voluntary standard.
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\1\ 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 specifies the process for when a
voluntary standards organization revises a standard the Commission
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 the revision. Once the Commission receives this
notification, the Commission may reject or accept the revised standard.
To reject a revised standard, the Commission must notify the voluntary
standards organization within 90 days of receiving the notice of
revision that the Commission has determined that the revised standard
does not improve the safety of the consumer product and that CPSC is
retaining the existing standard. If the Commission does not take this
action, the revised voluntary standard will be considered a consumer
product safety standard issued under section 9 of the Consumer Product
Safety Act (CPSA) (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.\2\ 15 U.S.C.
2056a(c)(1), (2). However, Congress later limited this expanded
application of the 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). The
Commission previously updated the NFS cribs rule and did not make this
determination in those updates. 83 FR 26206 (June 6, 2018); 84 FR 56684
(Oct. 23, 2019); and 88 FR 13686 (March 6, 2023). The Commission
similarly is not making this determination for the current revision to
the NFS cribs rule. Accordingly, as specified in CPSIA section
104(c)(3), this direct final rule applies to persons that manufacture
or import cribs, but not to the other entities stated in sections
104(c)(1) and (c)(2).
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\2\ 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): anyone (1) that manufactures,
distributes, or contracts to sell cribs; (2) with an occupation that
relates to cribs, including child care; (3) who contracts to sell/
resell, lease, sublet, or otherwise place cribs in the stream of
commerce; or (4) who owns or operates an inn, hotel, or other
establishment that provides temporary lodging. 15 U.S.C.
2056a(c)(2).
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B. Safety Standards for NFS Cribs
On December 28, 2010, under section 104 of the CPSIA, the
Commission published the first NFS crib 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 and
exclude sections of ASTM F406-10a that apply to play yards exclusively.
75 FR 81766, at 81780.\3\
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\3\ Commission regulations for play yards are at 16 CFR part
1221.
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Section 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 . . . [and] (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).'' 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.
Since the publication of ASTM F406-10a, CPSC has updated the NFS
cribs rule three times, adopting ASTM F406-17 in 2018 (83 FR 26206
(June 6, 2018)), ASTM F406-19 in 2019 (84 FR 56684 (Oct. 23, 2019)),
and ASTM F406-23 in 2023 (88 FR 13686 (March 6, 2023)). In all 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 all cases, CPSC also
maintained the exceptions listed in section 1220.2(b), which lists
sections of the voluntary standard that solely apply to play yards.
On October 7, 2024, ASTM notified the Commission that it had
approved and published a newly revised version of the voluntary
standard, ASTM F406-24. As explained in section II.A of this preamble,
ASTM F406-24 contains two substantive revisions to the voluntary
standard that improve the safety of NFS cribs. One modification
clarifies the definitions of ``play yard/non-full-size crib dependent
accessory'' and ``full accessory.'' The other revision addresses
strangulation hazards by revising warning labels to expand the scope of
the warning label requirements to all NFS crib accessories and not just
those intended to be removed when the NFS crib is occupied. Part II.B
of this preamble describes non-substantive clarifications in the
revised voluntary standard.
On October 25, 2024, the Commission published in the Federal
Register a Notice of Availability, requesting comment on whether the
revision improves the safety of NFS baby cribs
[[Page 8678]]
and/or play yards. 89 FR 85077. CPSC received one anonymous comment
addressing safety in both NFS cribs and play yards, which is discussed
below.
Pursuant to CPSIA section 104, the revised voluntary standard will
take effect as the new mandatory standard for NFS cribs on April 5,
2025, unless the Commission specifies a later date in the Federal
Register or notifies ASTM by January 5, 2025, that it has determined
the revision does not improve the safety of NFS baby cribs. 15 U.S.C.
2056a(b)(4)(B). Based on staff's evaluation of ASTM F406-24 and
consideration of the comment received, the Commission will allow ASTM
F406-24 to become the new consumer product safety standard for NFS
cribs because it improves safety. ASTM F406-24 will become the
mandatory consumer product safety standard for NFS cribs on April 5,
2025. 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 F406-24, with modifications that
maintain the exclusion of requirements that apply solely to play
yards.\4\
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\4\ On December 17, 2024, the Commission voted (5-0) to publish
this direct final rule.
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II. Description of ASTM F406-24 Related to NFS Cribs
The ASTM standard for NFS cribs includes performance requirements,
test methods, and requirements for marking, labeling, and instructional
literature, to address hazards associated with NFS cribs. The 2024
revision to the voluntary standard, ASTM F406, includes substantive and
non-substantive revisions, as described in sections II.A and B.
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\5\ Reprinted, with permission, from ASTM F406-24 Standard
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play
Yards, copyright ASTM International. A copy of the complete standard
may be obtained from www.astm.org.
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A. Substantive Changes in ASTM F406-24
1. NFS Crib Accessories Definitions
ASTM F406-24 revises the definitions for ``play yard/non-full-size
crib dependent accessory'' and for ``full accessory'' to improve
clarity of the classification of certain types of accessories and the
performance requirements to which they are subject. Section 3.1.24
defines a ``play yard/non-full-size crib dependent accessory'' as being
a component such as a bassinet or changing table that attaches to the
NFS crib, but the revision now clarifies that a dependent accessory
``can be used with or without a full accessory, and does not fully
cover the top opening of the play yard/non-full size crib''. The prior
definition did not confirm the accessory's relation to a full accessory
or that this accessory does not fully cover the top of a NFS crib.
Further, the revised definition plainly states that such accessories
expose occupants ``to gaps or openings that may create an entrapment
hazard.'' The revised discussion language in section 3.1.24.2 again
confirms that this accessory ``does not fully cover the top opening of
the play yard/non-full-size crib.'' Figure 1 below provides an example
of a changing table accessory that attaches to the top frame of the
play yard/non-full-size crib and is therefore classified as a play
yard/non-full-size crib dependent accessory.
[GRAPHIC] [TIFF OMITTED] TR31JA25.000
[[Page 8679]]
Section 3.1.11 defines a ``full accessory'' as any accessory that
fully covers the top opening of a NFS crib without gaps or openings
``that would expose the occupant to an entrapment hazard.'' ASTM F406-
24 adds section 3.1.11.3 to clarify that play yards that can convert to
other products are not considered full accessories. The converted
products (i.e., products that convert from NFS cribs to another
product, such as a bassinet) are subject to requirements or regulations
that apply to the converted-to-product's product category, such as the
requirements for bassinets, and no longer to the requirements for NFS
cribs. These revisions work to clarify the definitions of NFS crib
accessories and which category of product an item may fall under. This
change does not exclude full accessories that are attached to NFS cribs
and that have not yet been, but can be converted, into other products.
Figure 2 below shows an example of a changing table that can only be
attached to the full bassinet accessory, and therefore, it is also
considered a full accessory unlike the changing table in Figure 1 which
only attaches directly to the play yard/non-full-size crib. The
Commission considers these changes to the accessories definitions as a
neutral impact on safety.
[GRAPHIC] [TIFF OMITTED] TR31JA25.001
2. Strangulation Warning Labels
NFS cribs with attaching accessories present a risk of
strangulation in openings between attached accessories and the NFS
crib's frame. To reduce this hazard, ASTM F406-24 specifies
requirements for warning labels, as defined in section 9.6.3 of ASTM
F406-24. The previous requirement stated that the manufacturer should
add a general description of the hazard relevant to the product,
including the nonspecific phrase, ``[s]tatement describing the
hazard.'' ASTM F406-24 revises the warning label requirement by
explicitly specifying that there is a strangulation hazard, which is
more compelling and vivid in describing the hazard and how to avoid it.
ASTM F406-24 requires that the warning shall state, ``STRANGULATION
HAZARD Children have STRANGLED when their necks became trapped . . .
.''
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\6\ Reprinted, with permission, from ASTM F406-24 Standard
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play
Yards, copyright ASTM International. A copy of the complete standard
may be obtained from www.astm.org.
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Further, ASTM F406-24 expands the scope of products to which these
warning labels apply, to now include all accessories, not just
accessories that are intended to be removed from the NFS crib when it
is occupied as previously required. As revised, the warning labels now
apply to ``each play yard/non-full size crib dependent accessory and
full accessory.'' Therefore, the revision applies to all full
accessories and play yard/NFS crib dependent accessories rather than
only play yard/NFS crib dependent accessories. The Commission
determines that any accessory attached to the top or within the
occupant area, regardless of the type of accessory, presents a
strangulation hazard when a child is in the occupant area. Therefore,
this change in ASTM F406-24 is an improvement in safety. Figure 3
provides an example of the new strangulation hazard warning label
language requirements:
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\7\ Reprinted, with permission, from ASTM F406-24 Standard
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play
Yards, copyright ASTM International. A copy of the complete standard
may be obtained from www.astm.org.
[GRAPHIC] [TIFF OMITTED] TR31JA25.002
[[Page 8680]]
B. Non-Substantive Changes in ASTM F406-24
ASTM F406-24 incorporates numerous other marking, labeling, and
instructional literature requirements per the recommendations from
ASTM's Ad Hoc Language Task Group and additional changes to provide
clearer and more complete warnings and instructions. ASTM juvenile
products standards have begun adopting ``Ad Hoc'' recommendations since
2016, to increase the consistency of on-product warning design among
juvenile products, and to address numerous warning format issues
related to capturing consumer attention, improving readability, and
increasing hazard perception and avoidance behavior. The Ad Hoc
recommendations have been improved incrementally over the years
following publication of ASTM F406-19, warranting corresponding
improvements to the standard, which are addressed in ASTM F406-24.
Additional clarifications and minor changes have been made to the
marking, labeling, and instructional literature sections to provide
clearer and more complete safety messaging for the subject products.
For example, ASTM F406-24 includes in Figures A1.50 to A1.52 example
warning labels to assist manufacturers in creating warning labels
consistent with the requirements, and to assist test labs to verify the
labels meet the requirements. In contrast, ASTM F406-19 does not
provide example warning labels. This omission reduces consistency
between products and makes it more difficult for manufacturers to
create labels that meet the requirements, and for test labs to verify
that the labels meet the requirements.
C. Revision to 16 CFR 1220.2(b)(2)
As a result of revisions in ASTM F406-24, this direct final rule
revises 16 CFR 1220.2(b)(2) from ``Do not comply with sections 5.16.2
through 5.16.2.2 of ASTM F406-22'' to ``Do not comply with section
5.16.2 of ASTM F406-24.'' Sections 5.16.2.1 through 5.16.2.2 were
removed in F406-24 and, therefore, only section 5.16.2 must be excluded
from this rule, as section 5.16.2 solely applies to play yards and not
NFS cribs, while the additional sections were already removed from the
2024 version. Therefore, the Commission is revising the section number
to reflect the exclusion of the play yard requirement.
D. Public Comments
The Commission requested public comment on how the revisions to
ASTM F406-24 affect the safety of NFS cribs and received one anonymous
comment. The commenter first asserts that Entrapment in Accessories
requirements in section 5.15 of ASTM F406-24 do not address the
entrapment hazard present for all openings between accessories or
accessories and the NFS crib. However, section 8.26 of ASTM F406-24
confirms that the entrapment hazard evaluation and testing do apply to
all openings. Second, the comment notes that the test procedures in
section 8.26 that are intended to evaluate free passage of a small head
probe through an exposed opening fails to require a duration of time
for how long a test force should be applied. The Commission directs
staff to work with the ASTM subcommittee to address this concern.
Third, the commenter asserts that it is unclear why full
accessories would apply to section 5.15 Entrapment in Accessories
requirements when there is an occupant access door. As stated in ASTM
F406-24, section 5.15 applies to full accessories if the NFS crib has
``an occupant access door in the walls of the crib.'' This may provide
access from outside of the NFS crib into the occupant area underneath
the full accessory, thereby exposing a child to an entrapment hazard in
openings underneath the full accessory. If there is no occupant access
door in the NFS crib walls, there is no such hazard and as a result,
full accessories that attach to the NFS crib are not subject to section
5.15. Finally, the commenter asserts that the section 5.15 requirements
are contradictory regarding which requirements apply to a dependent
accessory or to a full accessory, claiming that the different testing
requirements for each type of accessory are unclear. ASTM F406-24
clarifies the difference between the two types of accessories and the
testing requirements that apply to each. Manufacturers will be directed
to conduct different entrapment testing depending on the type of
accessory at issue, and these requirements will not contradict once the
accessory is properly classified as a full or dependent accessory.
Section 3.1.24 specifies that play yard/non-full-size dependent
accessories ``can be used with or without a full accessory.''
Therefore, if an accessory has the means to mechanically attach either
to a full accessory or to the play yard, it is classified as a play
yard dependent accessory, and therefore subject to the entrapment
requirements.
E. Assessment of ASTM F406-24
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 F406-24 related to NFS cribs improve the
safety of NFS cribs. The revised requirements of warning labels to
address strangulation hazards now expand the scope to which these
warnings apply, mandating that all NFS crib accessories must have
compliant warning labels.
III. Incorporation by Reference
Section 1220.2(a) of the direct final rule incorporates by
reference ASTM F406-24. 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
summarizes the revised provisions of ASTM F406-24 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 F406-24 is
available for viewing on ASTM's website at: 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: www.astm.org/READINGLIBRARY. Additionally, interested parties can purchase a copy of
ASTM F406-24 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 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
[[Page 8681]]
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,\8\ the phthalates prohibitions in section 108 of the
CPSIA.9 10 11 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 laboratories) for testing NFS cribs, and codified the
requirement at 16 CFR 1112.15(b)(6).
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\8\ 15 U.S.C. 1278a.
\9\ 15 U.S.C. 2057c.
\10\ 15 U.S.C. 2063(a)(5).
\11\ 15 U.S.C. 2056a(d).
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The modifications to warning labels and accessory definitions for
NFS cribs in ASTM F406-24 do not establish new testing requirements.
Accordingly, the revisions do not require that laboratories 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 ASTM F406-24, as
incorporated into part 1220. Accordingly, the existing accreditations
that the Commission has accepted for testing to this standard will
cover testing to the 2024 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 F406-24
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.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on April 5, 2025.
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 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
[[Page 8682]]
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 F406-24 automatically will take effect as the new
mandatory standard for NFS cribs on April 5, 2025, 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 April 5, 2025.
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. 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
F406-24, Standard Consumer Safety Specification for Non-Full-Size Baby
Cribs/Play Yards, approved on August 1, 2024. 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. A free, read-only copy of the standard is available
for viewing on the ASTM website at www.astm.org/READINGLIBRARY/. You
may also obtain a copy from ASTM International, 100 Barr Harbor Drive,
PO Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585;
www.astm.org.
(b) Comply with the ASTM F406-24 standard with the following
exclusions:
(1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
24.
(2) Do not comply with section 5.16.2 of ASTM F406-24.
(3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
24.
(4) Do not comply with section 7, Performance Requirements for
Mesh/Fabric Products, of ASTM F406-24.
(5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
24.
(6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
24.
(7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
24.
(8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
24.
(9) Do not comply with sections 8.16 through 8.16.3 of ASTM F406-
24.
(10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM
F406-24.
(11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
24.
(12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
24.
(13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
24.
(14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM
F406-24.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2025-01721 Filed 1-30-25; 8:45 am]
BILLING CODE 6355-01-P