[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Rules and Regulations]
[Pages 23908-23913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08632]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1219
[Docket No. CPSC-2010-0075]
Safety Standard for Full-Size Baby Cribs
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In 2010, the U.S. Consumer Product Safety Commission
(Commission or CPSC) published a consumer product safety standard for
full-size baby cribs under section 104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA). The standard incorporated by reference
ASTM F1169-10, Standard Consumer Safety Specification for Full-Size
Baby Cribs, with modifications. In 2019, the standard was updated to
incorporate by reference ASTM F1169-19. 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. Consistent with the CPSIA update
process, this direct final rule updates the mandatory standard for
full-size baby cribs to incorporate by reference ASTM's 2025 version of
the voluntary standard.
DATES: The rule is effective on August 1, 2026, unless the Commission
receives a significant adverse comment by June 3, 2026. 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 certain material
listed in this rule is approved by the Director of the Federal Register
as of August 1, 2026.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2010-
0075, 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-2010-0075, 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 Daniel Taxier, Project Manager, U.S. Consumer
Product Safety Commission, 5 Research Place, Rockville, MD 20850;
telephone: (301) 987-2211; 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 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 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, 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
[[Page 23909]]
revision or on a later date specified by the Commission in the Federal
Register. 15 U.S.C. 2056a(b)(4)(B).
Section 104(c) of the CPSIA treats cribs (both full-sized and non-
full-sized cribs) differently than other products covered by section
104. As originally enacted in the CPSIA, section 104(c) stated that the
standards for full-size baby cribs would apply to a larger class of
parties than other rules issued under section 104, including those
owning or operating child care facilities and places of public
accommodation.\1\ In 2011, however, Congress amended section 104,
stating that any revision of the crib standards after their initial
promulgation ``shall apply only to a person that manufactures or
imports cribs,'' unless the Commission determines that application to
any others covered by the initial crib standards is ``necessary to
protect against an unreasonable risk to health or safety.'' 15 U.S.C.
2056a(c)(3). The Commission is not making this determination for this
revision, so the revised full-size baby cribs standard will apply to
the same entities and in the same manner as other rules the Commission
issues under section 104 of the CPSIA.
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\1\ Under section 104(c) of the CPSIA, the initial crib
standards applied to: ``any person that--
(A) manufactures, distributes in commerce, or contracts to sell
cribs;
(B) based on the person's occupation, holds itself out as having
knowledge of skill peculiar to cribs, including child care
facilities and family child care homes;
(C) is in the business of contracting to sell or resell, lease,
sublet, or otherwise place cribs in the stream of commerce; or
(D) owns or operates a place of accommodation affecting commerce
(as defined in section 4 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2203) applied without regard to the phrase
`not owned by the Federal Government').''
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B. Safety Standard for Full-Size Baby Cribs
In 2010, under section 104(b)(1) of the CPSIA, the Commission
adopted a mandatory rule for full-size baby cribs, codified in 16 CFR
part 1219, ``Safety Standard for Full-Size Baby Cribs,'' with
modifications. The rule incorporated by reference ASTM F1169-10,
Standard Consumer Safety Specification for Full-Size Baby Cribs, with
modifications. 75 FR 81766 (Dec. 28, 2010). ASTM F1169 establishes
performance requirements and test procedures to determine the
structural integrity of full-size baby cribs. It also contains design
requirements addressing entanglement on crib corner post extensions,
and requirements for warning labels and instructional materials. After
the publication of ASTM F1169-10, ASTM F1169 was revised in 2011, 2013,
and 2019. CPSC updated the full-size baby cribs mandatory rule each
time without any modifications, adopting ASTM F1169-11 in 2012 (77 FR
45242 (July 31, 2012)), adopting ASTM F1169-13 in 2013 (78 FR 73692
(Dec. 9, 2013)) and adopting ASTM F1169-19 in 2019 (84 FR 35293 (July
23, 2019)).
On December 15, 2025, ASTM approved and, in January 2026, published
a revised version of the voluntary standard for full-size baby cribs,
ASTM F1169-25. The revised voluntary standard incorporates requirements
for mesh/fabric sided products based on requirements for play yards in
ASTM F406, Standard Consumer Safety Specification for Non-Full-Size
Baby Cribs/Play Yards, and adds new requirements for rigid barriers to
address the risk of a child becoming entrapped between the mattress and
a mesh sidewall. On February 2, 2026, ASTM notified CPSC of the
revisions to ASTM F1169.
C. Public Comments
On February 20, 2026, the Commission provided notice in the Federal
Register of the availability of the revised standard and sought comment
on the effect of the revisions on the safety standard for full-size
cribs and received eight public comments. 91 FR 8150. The Commission
received seven comments from students completing a class assignment to
engage with the government using technology. Six students commented in
support of the update to the standard. One student suggested that CPSC
consider incremental costs of the rule and willingness of manufacturers
to incur the costs associated with the revisions. An eighth comment was
out of scope.
CPSC appreciates the support for the updated full-size crib
standard. The updated standard was developed through ASTM with the
support and input of a variety of stakeholders, including
manufacturers, test laboratories, consumer safety advocates, consumers,
and regulators. This consensus process demonstrates broad support and
willingness to implement the revised standard. The Commission also
acknowledges the commenter's statement to consider the costs of the
rule; however, Congress has mandated that the revision ``shall be
considered to be a consumer product safety standard'' unless the
Commission determines ``that the proposed revision does not improve the
safety of the consumer product covered by the standard'' and notifies
ASTM of that determination. 15 U.S.C. 2056a(b)(4)(B).
D. Summary of Assessment of ASTM F1169-25
Pursuant to CPSIA section 104, the revised voluntary standard will
take effect as the new mandatory standard for full-size baby cribs on
August 1, 2026, unless the Commission specifies a later date in the
Federal Register or notifies ASTM by May 3, 2026, that it has
determined the revision does not improve the safety of full-size baby
cribs. 15 U.S.C. 2056a(b)(4)(B). Based on staff's review of ASTM F1169-
25 and the public comments received, the Commission will allow ASTM
F1169-25 to become a mandatory consumer product safety standard for
full-size cribs because it improves the safety of these products,
effective August 1, 2026. This direct final rule updates 16 CFR part
1219 to incorporate by reference the applicable provisions of the
revised voluntary standard, ASTM F1169-25.
II. Revisions to ASTM F1169
ASTM F1169-25 includes several additions and revisions to ASTM
F1169-19, including new definitions, new performance requirements and
test methods, clarifications to existing requirements, as well as
editorial revisions that do not alter substantive requirements in the
standard or impact safety. The Commission considers the revisions in
ASTM F1169-25 to be an improvement to the safety of full-size cribs
because the revised standard includes new performance and testing
requirements to address fabric- or mesh-sided products and improved
performance requirements for accessories.
A. Definitions
ASTM F1169-25 adds definitions in section 3 for ``cantilevered
accessory,'' ``full accessory,'' ``full-size crib dependent
accessory,'' ``mesh,'' ``fabric,'' ``mesh/fabric sided full-size
crib,'' and ``seam.'' A ``full accessory'' is defined in section 3.7 as
any accessory that fully covers the top opening to the full-size crib
without exposing the occupant to an entrapment hazard. A ``full-size
crib dependent accessory'' is defined in section 3.9 as a component or
accessory with a rigid frame that attaches to or rests on a full-size
crib and does not fully cover the top opening. A ``cantilevered
accessory'' is defined in section 3.2 as a full-size crib dependent
accessory that is supported and attached at only one end of the
component to a full-size crib. These definitions are used to inform new
requirements for full-size cribs constructed with a rigid frame
assembly and a fabric or mesh assembly, or both,
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used on any portion of the product sides, ends, or a combination
thereof; and revised requirements for accessories, to harmonize with
ASTM F406, incorporated by reference in the Safety Standard for Non-
Full-Size Baby Cribs and in the Safety Standard for Play Yards in 16
CFR parts 1220 and 1221, respectively, and address entrapment hazards
associated with accessories for both rigid-sided and mesh/fabric sided
full-size cribs.
ASTM F1169-25 also adds a definition in section 3.19 for ``rigid
barrier(s)'' as barriers constructed of rigid materials, such as wood,
plastic, or metal, to inform new performance requirements for rigid
barriers on mesh/fabric sided full-size cribs, and clarifies that
``mattress support system'' includes mattress pads with a rigid support
contained inside the mattress (i.e., the construction of a traditional
play yard mattress).
B. General Requirements, Performance Requirements, and Test Methods
The changes to the performance requirements and test methods
generally fall into two categories: requirements based on ASTM F406;
and requirements for barriers on mesh/fabric-sided full-size cribs.
1. Requirements Based on ASTM F406
ASTM F1169-25 adds the following performance requirements based on
ASTM F406, Standard Consumer Safety Specification for Non-Full-Size
Baby Cribs/Play Yards, to address hazards associated with both rigid-
sided and mesh/fabric sided full-size cribs:
Section 5.16.1 adds a requirement for full-size baby cribs
that include a mattress to prevent finger, toe, hand, or foot
entrapment in openings in rigid materials beneath the mattress, if a
mattress is included with the product and is not thicker than 2.5
inches.
Section 5.17.1 adds a requirement to evaluate for
scissoring, shearing, or pinching if the top rail can be lowered while
the unit is erected, to protect fingers from lacerations or
amputations.
Section 5.19.1 adds a requirement to address cords/straps
that can form loops, subject to the test method added in section 7.27,
to protect from strangulation hazards.
Section 5.20 includes additional requirements for cribs
that fold for storage or transport. The new requirements in subsections
5.20.2.3 through 5.20.2.5 and 5.20.3 include double-action locking
mechanisms, automatic locking device for products with latching/locking
of rails, and an evaluation for false latches (latches which appear to
be engaged but are not) to address hazards associated with
unintentional folding of top rails and false latching of top rails.
Under ``Test Methods,'' section 7.15 was added to perform the false
latch test on top rails.
Section 5.21 adds requirements for graspable protective
components, such as caps sleeves, or plugs used for protection from
sharp edges, points, or entrapment of fingers or toes, subject to the
torque and tension testing added in section 7.16 to address potential
choking hazards, laceration hazards, and entrapment of fingers and
toes.
Section 5.22 adds a stability requirement, subject to the
added test method in section 7.17, for mesh-sided products to address
fall hazards due to product instability.
Section 5.23 adds requirements for protrusions, subject to
the added test method in section 7.18, in mesh-sided products to
address strangulation hazards.
In section 5.24, requirements are added for bassinet/
cradle accessories for mesh sided products that require consumer
assembly (does not apply to permanently attached accessories) to
address the potential fall hazard posed when the accessory is not
adequately secured. The associated test method for this requirement was
added in section 7.24.
Section 5.25 adds that if the product can be converted to
another product or has a different use mode for which another consumer
safety specification exists, the product or use mode shall comply with
the requirements of each applicable standard. This requirement ensures
that products with multiple use modes are appropriately evaluated in
each mode.
In section 6.9, requirements to address entrapment in
accessories are revised to account for the greater variety of
accessories traditionally associated with mesh/fabric sided products,
such as full bassinet/cradle accessories. The opening test method is
also amended to add section 7.10.2.1 to specify where to perform the
opening test on cantilevered accessories. The test methods for
accessories are further clarified in section 7.10.1 to establish how
full-size dependent accessories are to be installed during testing, and
in section 7.10.3 to add that the force for the detachment test is
maintained for 10 seconds. These requirements reduce the risk of
foreseeable entrapment hazards when an accessory is added to a full-
size crib that could create an opening that may entrap an occupant's
head or neck.
Section 6.12 adds requirements for deflection and strength
of center latching hinge mechanisms on top rails to address the risk of
permanent deflection and accidental collapse of the rails. Test methods
for these requirements were added in section 7.19.
Section 6.13 adds a requirement for top rail covering
material to provide a minimum thickness of vinyl covering materials,
subject to the test method added in section 7.25, to ensure the top
rail is adequately protected from finger entrapment and other hazards
when unsupported or non-reinforced vinyls are used.
Section 6.14 adds requirements for mesh openings, subject
to the test method added in section 7.20, to prevent entrapment of
fingers and toes and the snaring of buttons normally used in infant
clothing; and mesh strength, subject to the test method added in 7.21,
to prevent the mesh from breaking or separating from its supporting
structure or accessories.
Section 6.15 adds requirements for fabric strength
(excluding mesh) to ensure fabric materials used for sides, ends, or
the mattress support system support meet a minimum level of structural
integrity to reduce the risk of the material breaking and causing the
structure to collapse or introduce other hazards.
Section 6.16 adds requirements for mesh/fabric assembly to
ensure seams and stitching accessible to the occupant are not able to
be disassembled by the occupant and meet a minimum level of structural
integrity. The mesh/fabric attachment strength test method is added in
section 7.22.
These performance requirements address hazards related to mesh/
fabric products and their accessories that were not previously
addressed in the full-size crib standard and are therefore an
improvement in safety. Users of ASTM F406 will be familiar with these
requirements.
2. Requirements for Barriers on Mesh/Fabric Sided Full-Size Cribs
ASTM F1169-25 adds performance requirements for barriers on mesh/
fabric sided full-size cribs to address the potential entrapment hazard
between mesh/fabric sides and the mattress, and to address the
potential fall hazard presented by the barrier:
Section 5.7, ``Full-Size Baby Cribs--Dimensions,'' adds
the following requirements for rigid barriers for mesh/fabric sided
full-size cribs:
[cir] The barrier shall extend at least 5 inches above the mattress
support in any adjustment position. Full-size crib mattresses are
generally 6 inches thick or less; this barrier height prevents vertical
gaps between the top of the
[[Page 23911]]
barrier and the top of a full-size crib mattress greater than 1 inch,
addressing a potential entrapment hazard.
[cir] The distance from the top of the rigid barrier to the top of
the rail shall be at least 21 inches when the mattress support is in
the lowest position, and 10 inches when the mattress support is in its
highest position. Considering the minimum 5-inch barrier height, this
requirement aligns with the existing requirements for rail height
measured from the mattress support in sections 5.7.2.2 (26 inches) and
5.6.2 (15 inches), which addresses a potential fall hazard.
[cir] In accordance with the test method added in section 7.26,
with an outward horizontal force of 20 pounds applied to the
barrier(s), the interior dimensions of the crib shall be 28 in. \3/4\ in. (71 cm 1.9 cm) width and 52\3/8\ in.
\3/4\ in. (133 cm 1.9 cm) length. These
dimensions offer an additional \1/8\-inch tolerance compared to the
typical full-size crib interior dimensions when no force is applied,
and reduces the chance of a hazardous gap forming between the barrier
and the crib mattress.\2\
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\2\ A full-size crib mattress compliant with 16 CFR part 1241
will measure at least 27\1/4\ in. wide and 51\5/8\ in. long, leaving
at most a 1.5 inch gap between the barrier and the mattress when a
20-pound force is pushing the barrier out.
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[cir] The barrier must require a tool to remove so that the barrier
cannot be removed in the normal course of using or folding the product,
and the product shall not be usable without the rigid barrier installed
on the product in all adjustment positions. These requirements help
ensure the barrier will be in place to prevent entrapment of the crib
occupant between the mattress and the mesh/fabric sides when the
product is in use.
Section 6.17 adds a requirement that no gaps greater than
1 inch shall form between mesh/fabric and the rigid barrier when the
mesh/fabric is outside the rigid barrier and 20 pounds of force is
applied horizontally outward to the mesh/fabric. This requirement is
subject to the test method added in section 7.23. This addresses the
potential entrapment hazard between the mesh/fabric sides and the
barrier when the barrier is interior to the mesh/fabric sides.
The corresponding test methods for each of these performance
requirements are added in section 7. These new performance requirements
for barriers on mesh/fabric sided full-size cribs address potential
fall and entrapment hazards and are therefore an improvement in safety.
C. Marking and Labeling
The marking and labeling requirements in ASTM F1169-25 include
three updates based on similar requirements in ASTM F406 to address
foreseeable hazards for mesh/fabric sided products:
Section 8.4 adds a new warning placed on either the inside
of the top rail on opposite sides of the product or on two opposite
saddle covers, instructing consumers to ``never leave infants in
product with sides down. Infants may roll into space between mattress
and loose mesh side causing suffocation.''
Section 8.5.1.3 adds the following warning statement for
mesh/fabric sided cribs to the Fall Hazard warning: ``The product,
including side rails, must be fully erected prior to use.''
Section 8.5.1.4 adds ``torn mesh/fabric'' to a list of
potentially damaged components for consumers to check before assembly
and during use.
These are new requirements relevant to mesh/fabric sided full-size
cribs and are therefore an improvement in safety.
D. Other Revisions
ASTM F1169--25 also includes several minor additions and revisions
that are editorial in nature, such as updates to section and figure
numbers to reflect revised and new sections and figures, updates to
references, an updated Rationale section,\3\ and clarified measurement
units (e.g., 28 \3/4\ in. becomes 28 in. \3/
4\ in.). These revisions do not impact safety because they do not alter
any substantive requirements in the standard.
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\3\ The Rationale section is an appendix to the voluntary
standard that describes in further detail the reason several
requirements were included.
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III. Incorporation by Reference
Section 1219.2 of the direct final rule incorporates by reference
ASTM F1169--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 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, sections I. and II. of this
preamble summarize the major provisions of ASTM F1169--25 that the
Commission incorporates by reference into 16 CFR part 1219. The
standard is reasonably available to interested parties in several ways.
Until the direct final rule takes effect, a read-only copy of ASTM
F1169--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:
https://www.astm.org/READINGLIBRARY/. Additionally, interested parties
can purchase a copy of ASTM F1169--25 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. 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.
Because full-size cribs are children's products, a CPSC-accepted
third party conformity assessment body must test samples of the
products. Products subject to part 1219 also must comply 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\ ASTM
F1169--25 does not make any changes that would impact any of these
existing requirements.
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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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[[Page 23912]]
V. Notice of Requirements
In accordance with section 14(a)(3)(B)(iv) of the CPSA, the
Commission previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies (third party
labs) for testing full-size cribs and codified the requirement at 16
CFR 1112.15(b)(5). 73 FR 62965 (Oct. 22, 2008). The NOR provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing full-size cribs to 16 CFR part
1219. 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.
ASTM F1169--25 includes several requirements that are new to the
full-size crib standard, most of which are familiar to users subject to
16 CFR part 1220 and 16 CFR part 1221. While some of these new
requirements require equipment that is new to 16 CFR part 1219, such as
the tension test adapter clamp in section 7.16, the stability test
device in section 7.17, and the ring gauge in section 7.18, the
equipment is the same as utilized in 16 CFR parts 1220 and 1221. Most
laboratories accepted by CPSC for part 1219 are also accepted for parts
1220 and 1221. The standard also includes new performance requirements
for barriers for mesh/fabric sided full-size cribs which utilize pre-
existing test equipment. Accordingly, the revisions do not
significantly change the way that third party conformity assessment
bodies test these products for compliance with the safety standard for
full-size cribs. Laboratories will begin testing to the new standard
when ASTM F1169--25 goes into effect, and the existing accreditations
that the Commission has accepted for testing to this standard will
cover testing to the revised standard. Therefore, the Commission
considers the existing CPSC-accepted laboratories for testing to ASTM
F1169--19 to be capable of testing to ASTM F1169--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 February 20, 2026, the Commission provided notice in the Federal
Register of the revision to the standard and requested comment on
whether the revision improves the safety of full-size baby cribs
covered by the standard. 91 FR 8150. CPSC received eight comments. Now,
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
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 operation of law. This rule
updates the reference in the CFR, but under the terms of the CPSIA,
ASTM F1169-25 would take effect as the new CPSC standard for full-size
baby cribs 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 August 1, 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 notice and comment
are unnecessary for this rule. Therefore, the RFA does not apply. CPSC
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 by operation of law.
VIII. Paperwork Reduction Act
The current mandatory standard for full-size baby 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 Commission took the steps
required by the PRA for information collections when it promulgated 16
CFR part 1219, and the marking, labeling, and instructional literature
for full-size baby cribs are currently approved under OMB Control
Number 3041-0159. The revision does not affect the information
collection requirements or approval related to the standard.
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
[[Page 23913]]
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.
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 not taking either
of those actions with respect to the revised standard for full-size
baby cribs. Therefore, ASTM F1169-25 automatically will take effect as
a new mandatory standard for full-size baby cribs on August 1, 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 notice, the rule will become effective
on August 1, 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 1219
Consumer protection, Imports, Incorporation by reference, Infants
and children, Law enforcement, Safety.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1219--SAFETY STANDARD FOR FULL-SIZE BABY CRIBS
0
1. The authority citation for part 1219 is revised to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise and republish Sec. 1219.2 to read as follows:
Sec. 1219.2 Requirements for full-size baby cribs.
Each full-size baby crib must comply with all applicable provisions
of ASTM F1169-25, Standard Consumer Safety Specification for Full-Size
Baby Cribs, approved December 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. You may obtain a copy from ASTM
International, 100 Barr Harbor Drive, P.O. Box 0700, West Conshohocken,
PA 19428 or at https://www.astm.org/READINGLIBRARY/. You may also
inspect a copy at the Office of the Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD
20814, telephone 301-504-7923, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-08632 Filed 5-1-26; 8:45 am]
BILLING CODE 6355-01-P