[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Rules and Regulations]
[Pages 20875-20880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07638]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1223
[Docket No. CPSC-2013-0025]
Safety Standard for Infant and Cradle Swings
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In May 2024, the U.S. Consumer Product Safety Commission (CPSC
or Commission) published an update to the consumer product safety
standard for infant and cradle swings under the Consumer Product Safety
Improvement Act of 2008 (CPSIA). The standard incorporated by reference
ASTM F2088-24, Standard Consumer Safety Specification for Infant and
Cradle Swings, the voluntary standard for infant and cradle swings that
was in effect at the time. ASTM has now issued a revised standard, ASTM
F2088-25. Consistent with the CPSIA, this direct final rule updates the
mandatory standard to incorporate by reference ASTM's 2025 version of
the voluntary standard.
DATES: The rule is effective on July 25, 2026, unless CPSC receives a
significant adverse comment by May 20, 2026. If CPSC 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 certain material listed in this rule is
approved by the Director of the Federal Register as of July 25, 2026.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2013-
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. 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
[[Page 20876]]
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-2013-0025, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Joseph Williams, Compliance Officer,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301) 504-7585; email:
[email protected]; or Carlos Torres, Project Manager, Division of
Mechanical and Combustion Engineering, U.S. Consumer Product Safety
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301)
987-2504; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Authority
Section 104(b)(1) of the CPSIA requires the Commission to assess
the effectiveness of voluntary standards for durable infant or toddler
products and 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 ``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 specifies the process for
updating the Commission's rules when a voluntary standards organization
revises a standard that the Commission incorporated by reference under
section 104(b)(1). 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. The Commission may reject the revised standard by notifying
the voluntary standards organization, within 90 days of receiving
notice of the revision, that it has determined that the revised
standard does not improve the safety of the consumer product and that
it is retaining the existing standard. If the Commission does not take
this action to reject the revised standard, then 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 on a later date specified by the Commission in the
Federal Register. 15 U.S.C. 2056a(b)(4)(B).
B. Safety Standard for Infant and Cradle Swings
Under section 104(b)(1) of the CPSIA, the Commission published a
mandatory standard for infant swings, codified in 16 CFR part 1223,
``Safety Standard for Infant Swings.'' The rule incorporated by
reference the then-current voluntary standard, ASTM F2088-12a, Standard
Consumer Safety Specification for Infant Swings, with modifications to
make the standard more stringent. 77 FR 66703 (Nov. 7, 2012). After the
Commission adopted the mandatory standard in 2012, ASTM subsequently
revised the voluntary standard seven times. In accordance with the
procedures set out in section 104(b)(4)(B) of the CPSIA, five of these
revised standards became the new mandatory standard for infant and
cradle swings.\1\ In this regard, the Commission published direct final
rules to update 16 CFR part 1223, incorporating by reference ASTM
F2088-13, ASTM F2088-20, ASTM F2088-21, ASTM F2088-22, and ASTM F2088-
24, respectively, without modification. 78 FR 37706 (June 24, 2013), 86
FR 4961 (Jan. 19, 2021), 86 FR 59609 (Oct. 28, 2021), 87 FR 57390 (Sep.
20, 2022), 89 FR 46797 (May 30, 2024).
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\1\ ASTM approved two revisions in 2015 and 2019 (ASTM F2088-15
and ASTM F2088-19). However, ASTM did not notify CPSC of these
revisions under CPSIA section 104(b)(4)(B). Consequently, these
revised voluntary standards did not become the mandatory standards
by operation of law, and the Commission did not update the mandatory
standard to incorporate by reference these revised ASTM standards.
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ASTM F2088-24, Standard Consumer Safety Specification for Infant
and Cradle Swings, is the current mandatory standard incorporated by
reference in 16 CFR part 1223. In 2024, when the Commission updated 16
CFR part 1223 to incorporate by reference ASTM F2088-24, the Commission
included ``cradle swings'' in the title of the mandatory standard
(``Safety Standard for Infant and Cradle Swings'') to align with the
voluntary standard.\2\ 89 FR 46797. ASTM F2088-24 applies to infant
swings, which it describes as ``a swing that enables an infant in a
seated position to swing or glide and is intended for use with infants
from birth until infant attempts to climb out of the swing
(approximately 9 months),'' and cradle swings, which it describes as
``a swing which is intended for use by an infant lying flat to swing or
glide and is intended for use with infants from birth until infant
begins to push up on hands and knees (approximately 5 months).'' The
mandatory standard includes performance requirements and test methods,
as well as requirements for warning labels and instructions, to address
hazards to infants associated with infant and cradle swings.
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\2\ In 2020, ASTM changed the title of the voluntary standard
from ``Standard Consumer Safety Specification for Infant Swings'' to
``Standard Consumer Safety Specification for Infant and Cradle
Swings.''
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In November 2025, ASTM approved another revision to the voluntary
standard for infant and cradle swings, ASTM F2088-25. On January 26,
2026, ASTM notified CPSC of the revision. On January 29, 2026, the
Commission published in the Federal Register a notice of availability
of the revised voluntary standard and sought comments on the effect of
the revisions. 91 FR 3845. CPSC received two comments on the notice of
availability.
One of the comments was anonymous, and the other was a joint
comment from the Consumer Federation of America, Consumer Reports, and
Safe Infant Sleep. Both the anonymous and joint comment stated support
for the revisions in ASTM F2088-25. The joint comment further urged the
Commission to consider whether it would be feasible to conduct safety
testing while the product is in motion, not just in a static position.
The commenters explained that infant and cradle swings are intended for
continuous motion and may result in unintended infant repositioning
during periods of use, and as such, ``testing the product in static
configurations alone does not adequately capture real-world safety
performance under actual use conditions.'' The Commission appreciates
the Consumer Federation of America, Consumer Reports, and Safe Infant
Sleep for sharing this comment, and staff will review and address the
comment with the ASTM subcommittee.
Based on staff's review of ASTM F2088-25, as discussed below, and
the public comments received, the Commission will allow the revised
voluntary standard to become the mandatory standard for infant and
cradle swings. Accordingly, by operation of law under section
104(b)(4)(B) of the CPSIA, ASTM F2088-25 will become the mandatory
consumer product safety standard for infant and cradle swings on July
25, 2026. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates part
1223 to incorporate by reference the revised voluntary standard, ASTM
F2088-25.
[[Page 20877]]
II. Revisions to ASTM F2088
On November 15, 2025, ASTM approved a revised version of the
standard, ASTM F2088-25. ASTM F2088-25 contains performance
requirements and test methods, as well as requirements for warning
labels and instructions, to address hazards to infants associated with
infant and cradle swings. ASTM F2088-25 includes several additions and
revisions to ASTM F2088-24, including clarifications regarding scope
and terminology, a new testing requirement, new and revised marking and
labeling requirements, as well as editorial revisions that do not alter
substantive requirements in the standard or impact safety. As discussed
below, the Commission considers the revisions in ASTM F2088-25 to be an
improvement to the safety of infant and cradle swings.
A. Scope
ASTM F2088-25 clarifies in section 1.3 that the voluntary standard
does not cover products ``in the rest (non-rocking) position'' that are
intended to provide sleeping accommodations for the occupant. ASTM
F2088-25 further adds that these products are addressed in Consumer
Safety Specification F2194 for bassinets and cradles. ASTM F2088-24
stated only that the voluntary standard ``does not cover products that
are intended to provide sleeping accommodations for the occupant[,]''
and did not specify that products ``in the rest (non-rocking)
position'' would be out of scope of the voluntary standard.
Particularly, when cradle swings are in the rest (non-rocking)
position, they behave similarly to a bassinet or a cradle. This is
because a cradle swing, among other things, is designed so that the
infant is lying completely or nearly flat on its back. This horizontal
positioning for infants is conducive for sleep. In fact, in section
5.11, the voluntary standard already acknowledges that cradle swings in
the rest (non-rocking) position behave similarly to a bassinet or
cradle, and that they are already in the scope of the voluntary
standard for bassinets and cradles (ASTM F2194). Section 5.11 of ASTM
F2088 states, ``[c]radle swings or combination swings in a cradle swing
use, mode, or position while in the rest (non-rocking) position shall
comply with the requirements of Consumer Safety Specification F2194.''
These clarifying changes in section 1.3, therefore, make clear from the
beginning that swings in the rest (non-rocking) position are out of the
scope of the voluntary standard for infant and cradle swings, and that
they must follow the voluntary standard for bassinets and cradles. As a
result, these changes improve safety by ensuring that swings
functioning as a bassinet or cradle are evaluated under the correct
standard for safe sleep for infants (i.e., the requirements under ASTM
F2194).
B. Terminology
ASTM F2088-25 defines ``cradle swing'' as ``a swing which is
intended for use by an infant lying flat, with an incline less than or
equal to 10[deg] from horizontal while in the rest (non-rocking)
position, to swing or glide and is intended for use with infants from
birth until infant begins to push up on hands and knees (approximately
5 months).'' ASTM F2088-24 did not include the following language in
the definition for cradle swing: ``with an incline less than or equal
to 10[deg] from horizontal while in the rest (non-rocking) position.''
ASTM F2088-25 adds this language to clarify what ``flat'' means in
this context to minimize any ambiguity in the interpretation of the
term so to better distinguish cradle swings from infant swings. This
change improves safety, because by more clearly distinguishing cradle
swings from infant swings, it ensures that products will adhere to the
correct performance and testing requirements.
C. Test Methods
ASTM F2088-25 adds a new test in section 7.17 (Suffocation Hazard
Visibility Test) to evaluate the conspicuousness of the new front
warning label requirement (discussed in greater detail in the next
section). The test consists of placing the infant swing on the floor;
placing and securing a newborn dummy in the product with the restraint
system engaged according to the manufacturer's instructions; and then
standing in front of the product to verify the required warning
statements are visible (sections 7.17.1-7.17.3). Products that include
any accessory(ies) that could potentially obscure the warnings also
must comply with the visibility requirements in this section both with
such accessory(ies) in place (in all configurations and combinations)
and with the accessory(ies) removed (section 7.17.3.1). It is
acceptable if any part of the required warnings is obscured by a toy
bar or its attached toys but is visible with a shift of the observer's
head position (section 7.17.4). Section 7.17 includes a note that the
``placement of the warnings is only applicable to the English language
portions of the warning label.''
This new test certifies that the front warning label can be seen
and noticed by a caregiver while standing in front of the swing. It
also verifies that the label is not blocked by the occupant or by other
accessories that may be included with the swing. As such, this new test
improves the safety of infant swings because it ensures that the front
warning label is visible to a caregiver. This will make it more likely
that the caregiver will see and read the important warning statements
for the product to avoid the suffocation hazards associated with infant
swings, as further discussed below.
D. Marking and Labeling
1. Suffocation Hazards for Infant Swings
ASTM F2088-25 makes several additions and revisions to warning
labels concerning suffocation hazards associated with babies falling
asleep in infant swings. In particular, ASTM F2088-25 adds new on-
product warning statements for infant swings under section 8.6.1.2. One
of these new warning statements states, ``Babies have suffocated when
swings are used as a sleep product.'' Another states, ``Never use
blankets or swaddles when using this product.'' In addition to the
warning statements above, ASTM F2088-25 also requires a new, separate
warning label with the following warning statement under section
8.6.1.4:
[GRAPHIC] [TIFF OMITTED] TR20AP26.000
This new, separate warning label, which repeats in part the warning
statements under section 8.6.1.2, must be on the front surface of the
swing to comply with the Suffocation Hazard Visibility Test in section
7.17 discussed above.
[[Page 20878]]
Moreover, ASTM F2088-25 revises and moves one of the required on-
product warning statements for infant swings to the ``SUFFOCATION
HAZARDS'' category under section 8.6.1.2. ASTM F2088-24 required that
infant swings have the following warning statement under ``FALL and
STANGULATION HAZARDS'': ``Stay near and watch baby during use. This
product is not safe for sleep or unsupervised use. If baby falls
asleep, remove baby as soon as possible and place baby on a firm, flat
sleep surface such as a crib or bassinet.'' ASTM F2088-25 revises this
statement by deleting ``as soon as possible'' from the statement and
moves this statement from the ``FALL and STANGULATION HAZARDS''
category to the ``SUFFOCATION HAZARDS'' category on the warning label.
While ASTM F2088-24 provided a warning that infant swings are not
safe for sleep, it incorrectly labeled such warning as a fall or
strangulation hazard, did not otherwise clearly identify why infant
swings are not safe for sleep (i.e., suffocation hazard), and did not
address the suffocation hazard associated with the use of blankets and
swaddles with infant swings. When a baby falls asleep in an infant
swing, their head and chin point downwards because of the seated,
inclined position of the baby. The positioning of their head and chin
in this way can block the baby's airways and lead to suffocation. The
use of swaddles and blankets with a baby in an infant swing can
likewise obstruct a baby's airways, leading to suffocation.
The new warning statements added to ASTM F2088-25 and the movement
of the prior warning statement regarding sleep in ASTM F2088-24 make
clear that there is a suffocation hazard associated with using an
infant swing for sleep and with the use of swaddles and blankets in an
infant swing. As a result, the caregiver will be better informed of the
dangers associated with sleep and the use of blankets/swaddles, which
will increase the likelihood of caregivers following these warnings. In
addition, the new requirement of the separate label and placement of
that label in the front of the product will make that warning statement
more noticeable to the caregiver. Consequently, these changes will more
likely alert caregivers of the potential suffocation hazard and to the
importance of both not allowing infants to sleep in the swing and not
using blankets or swaddles when placing them in the swing. Moreover,
deleting the phrase ``as soon as possible'' in the warning statement
regarding sleep in ASTM F2088-24 directs the caregiver to remove the
baby from the infant swing as soon as the baby falls asleep. Therefore,
this change will more likely minimize the time a baby remains asleep in
an infant swing. Based on the foregoing, these changes improve the
safety of infant swings.
2. Fall and Strangulation Hazards for Infant Swings
ASTM F2088-25 revises one of the existing warning statements in
ASTM F2088-24 by changing the formatting of two words. ASTM F2088-24
included the warning statement ``ALWAYS use restraints. Adjust to fit
snugly.'' ASTM F2088-25 revises this statement by adding the following
bold font and capitalization: ``ALWAYS USE RESTRAINTS. Adjust to fit
snugly.''
ASTM F2088 requires infant swings to have a restraint system to
secure an occupant while in the swing (section 6.5). The use of a
restraint system prevents infants from falling out of the swing. The
additional use of bold and capital lettering in ASTM F2088-25 makes the
warning statement about always using restraints more noticeable and
conspicuous. Thus, this change improves the safety of infant swings
because caregivers are more likely to notice and follow this warning
statement to prevent infant falls.
E. Other Revisions
ASTM F2088-25 also includes various minor revisions that are
editorial in nature and do not alter any substantive requirements in
the standard. These changes include eliminating hyphens in section 2.1
for consistency with the rest of that section; standardizing the
spelling of ``adapters'' so that it is consistent throughout the
standard (section 6.1.4); replacing the word ``to'' with ``with''
(section 6.7); reformatting text of warning statements (sections
8.4.2.3, 8.6.1.1, 8.6.1.2, 8.6.1.3, 8.6.2, and 8.6.4); renumbering
within section 8.6.1 to better organize and reflect the changes in that
section; editing Figure 18 (example of warnings for infant swings) to
correspond to the changes made to section 8.6.1; adding Figure 20
(example of new sleep warning label for infant swings) to correspond to
the addition of section 8.6.1.4; adding appropriate reference to that
new figure (Figure 20) in section 8.5.7; adding the word ``also'' to
the text in section 8.6.1.3 to acknowledge the changes made in section
8.6.1; and repositioning the figures throughout the standard so they
appear closer to their first reference in the text. Because these
revisions do not change any substantive requirements, they do not
impact the safety of infant and cradle swings.
III. Incorporation by Reference
Section 1223.2 of the direct final rule incorporates by reference
ASTM F2088-25. 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 of the 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 ASTM F2088-25, which the Commission incorporates by
reference into 16 CFR part 1223. The standard is reasonably available
to interested parties in several ways. Until the direct final rule
takes effect, a read-only copy of ASTM F2088-25 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: www.astm.org/READINGLIBRARY/.
Additionally, interested parties can purchase a copy of ASTM F2088-25
from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; telephone: (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. Certification
Section 14(a) of the CPSA (15 U.S.C. 2063(a)) 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
CPSC-accepted third party conformity assessment body accredited to test
according to the applicable requirements. As noted, standards issued
under section 104(b)(1)(B) of the CPSIA are ``consumer product safety
[[Page 20879]]
standards.'' Thus, they are subject to the testing and certification
requirements of section 14 of the CPSA.
Because infant and cradle swings are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products. Products subject to part 1223 must also comply with all
other applicable CPSC requirements, such as the lead content
requirements in section 101 of the CPSIA,\3\ the phthalates
prohibitions in section 108 of the CPSIA \4\ and 16 CFR part 1307, the
tracking label requirements in section 14(a)(5) of the CPSA,\5\ and the
consumer registration form requirements in 16 CFR part 1130. ASTM
F2088-25 makes no changes that would impact any of these existing
requirements.
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\3\ 15 U.S.C. 1278a.
\4\ 15 U.S.C. 2057c.
\5\ 15 U.S.C. 2063(a)(5).
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V. Notice of Requirements
In accordance with section 14(a)(3)(B)(vi) of the CPSA (15 U.S.C.
2063(a)(3)(B)(vi)), the Commission previously published a notice of
requirements (NOR) for accreditation of third party conformity
assessment bodies (third party labs) for testing infant and cradle
swings. 78 FR 15836 (Mar. 12, 2013). The NOR provided the criteria and
process for CPSC to accept accreditation of third party conformity
assessment bodies for testing infant and cradle swings to 16 CFR part
1223. The NORs for all mandatory standards for durable infant or
toddler products are listed in the Commission's rule, ``Requirements
Pertaining to Third Party Conformity Assessment Bodies,'' codified in
16 CFR part 1112. The NOR for accreditation of third party labs for
testing infant and cradle swings is codified at 16 CFR 1112.15(b)(8).
ASTM F2088-25 includes a new testing requirement (Suffocation
Hazard Visibility Test). This new test requires only an infant dummy
and the swing product. This equipment is already required for the
testing requirements found in ASTM F2088-24. As a result, the new
testing requirement in ASTM F2088-25 does not require any new testing
equipment or systems. Accordingly, the revisions in ASTM F2088-25 do
not significantly change the way that third party conformity assessment
bodies test these products for compliance with the safety standard for
infant and cradle swings. Testing laboratories that have demonstrated
competence for testing in accordance with ASTM F2088-24 will have the
competence to test in accordance with the revised standard ASTM F2088-
25. Therefore, the Commission considers the existing CPSC-accepted
laboratories for testing to ASTM F2088-24 to be capable of testing to
ASTM F2088-25 as well. Accordingly, the existing NOR for this standard
will remain in place, and CPSC-accepted third party conformity
assessment bodies are expected to update the scope of the testing
laboratories' accreditations to reflect the revised standard in the
normal course of renewing their accreditations.
VI. Direct Final Rule Process
On January 29, 2026, the Commission published in the Federal
Register a notice of availability regarding the 2025 revision to ASTM
F2088 and requested comment on whether the revision improves the safety
of infant and cradle swings covered by the standard. 91 FR 3845. CPSC
received two comments. 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 Commission concludes that when it
updates a reference to an ASTM standard that the Commission previously
incorporated by reference under section 104(b) of the CPSIA, notice and
comment are not necessary.
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 F2088-25
would take effect as the new CPSC standard for infant and cradle swings
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 2024-6, the Administrative Conference of the
United States (ACUS) endorses direct final rulemaking as an appropriate
procedure to expedite rules that are unlikely to elicit any significant
adverse comments. See 89 FR 106406 (Dec. 30, 2024). 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). Id. at 106409. ACUS also explains that notice and comment
may be ``unnecessary'' when the agency lacks discretion regarding the
substance of the rule. Id. at 106408. As noted, this rule updates a
reference in the CFR to reflect a change that occurs by operation of
law. 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 July 25, 2026.
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 challenges to the rule's
underlying premise or approach,'' or where the commenter explains why
the rule would be ineffective or unacceptable without change. Id. at
106409. 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.
VII. 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 VI
of this preamble, the Commission has determined that notice and the
opportunity to comment are unnecessary for this rule. Therefore, the
RFA does not apply. CPSC also notes the limited nature of this
document, which merely updates the incorporation by reference to
reflect the mandatory CPSC standard that takes effect under section 104
of the CPSIA.
VIII. Paperwork Reduction Act
The current mandatory standard 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). While the revised mandatory standard adds
[[Page 20880]]
marking and labeling requirements for infant and cradle swings, the new
requirements would not materially add to the burden hours because the
products already require marking and labeling. The Commission took the
steps required by the PRA for information collections when it
promulgated 16 CFR part 1223, and the marking, labeling, and
instructional literature for infant and cradle swings are currently
approved under OMB Control Number 3041-0159. Because the information
collection burden is essentially unchanged, the revision does not
affect the information collection requirements or approval related to
the standard. The agency will consider whether OMB Control number 3041-
0159 should be revised for infant and cradle swings in the next
scheduled update.
IX. 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). This rule
falls within the categorical exclusion, so no environmental assessment
or environmental impact statement is required.
X. 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.
XI. 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 infant and
cradle swings. Therefore, ASTM F2088-25 automatically will take effect
as the new mandatory standard for infant and cradle swings on July 25,
2026, 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 document, the rule will become
effective on July 25, 2026, and will apply to products manufactured
after the rule's effective date.
XII. Congressional Review Act and Executive Order 12866
Pursuant to the Congressional Review Act (CRA) and Executive Order
(E.O.) 12866, the Office of Management and Budget's Office of
Information and Regulatory Affairs has determined that this rule does
not qualify as a ``major rule,'' as defined in 5 U.S.C. 804(2), and is
not a significant regulatory action, as defined under section 2(f) of
E.O. 12866. 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 1223
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, Safety, Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1223--SAFETY STANDARD FOR INFANT AND CRADLE SWINGS
0
1. The authority citation for part 1223 continues to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise Sec. 1223.2 to read as follows:
Sec. 1223.2 Requirements for infant and cradle swings.
Each infant and cradle swing (including combination swings) must
comply with all applicable provisions of ASTM F2088-25, Standard
Consumer Safety Specification for Infant and Cradle Swings, approved on
November 15, 2025. 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 incorporation by reference material is available for
inspection at the U.S. Consumer Product Safety Commission (CPSC) and at
the National Archives and Records Administration (NARA). Contact CPSC
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, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. A 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, P.O. Box C700, West Conshohocken,
PA 19428-2959; telephone: (610) 832-9585; website: www.astm.org.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-07638 Filed 4-17-26; 8:45 am]
BILLING CODE 6355-01-P