Revocation of Requirements for Full-Size Baby Cribs and Non-Full-Size Baby Cribs, 81788-81789 [2010-32179]

Download as PDF emcdonald on DSK2BSOYB1PROD with RULES2 81788 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations West Conshohocken, PA 19428; telephone 610–832–9585; https:// www.astm.org. You may 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, call 202–741– 6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. (b) Comply with the ASTM F 406–10a standard with the following additions or exclusions: (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F 406–10a. (2) Do not comply with section 5.16.2 of ASTM F 406–10a. (3) Do not comply with section 6.10 of ASTM F 406–10a. (4) Do not comply with section 7, Performance Requirements for Mesh/ Fabric Products, of ASTM F 406–10a. (5) Instead of complying with section 8.10.1 of ASTM F 406–10a, comply with the following: (i) The spindle/slat static force test shall be performed with the spindle/slat assemblies removed from the crib and rigidly supported within 3 in. of each end of the upper and lower horizontal rails in a manner that shall not interfere with a spindle/slat deflecting under the applied force. For cribs incorporating foldable or moveable sides for purposes of easier access to the occupant, storage and/or transport, each side segment (portion of side separated by hinges for folding) shall be tested separately. (ii) [Reserved] (6) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F 406–10a. (7) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F 406–10a. (8) Do not comply with section 8.14 through 8.14.2 of ASTM F 406–10a. (9) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F 406–10a. (10) Do not comply with sections 8.16 through 8.16.3 of ASTM F 406–10a. (11) Do not comply with section 9.3.2 through 9.3.2.4 of ASTM F 406–10a. (12) Instead of complying with section 9.4.2.6 of ASTM F 406–10a, comply with the following warning requirement: (i) Child can become entrapped and die when improvised netting or covers are placed on top of product. Never add such items to confine child in product. (ii) [Reserved]. PART 1500 [AMENDED] 3. The authority citation for part 1500 is revised to read as follows: ■ VerDate Mar<15>2010 20:54 Dec 27, 2010 Jkt 223001 Authority: 15 U.S.C. 1261–1278, 122 Stat. 3016; the Consumer Product Safety Improvement Act of 2008, Pub. L. 110–314, § 104, 122 Stat. 3016 (August 14, 2008). 4. In § 1500.18 remove paragraphs (a)(13) and (14). ■ Dated: December 17, 2010. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2010–32178 Filed 12–27–10; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Parts 1508 and 1509 Revocation of Requirements for FullSize Baby Cribs and Non-Full-Size Baby Cribs Consumer Product Safety Commission. AGENCY: ACTION: Final rule. Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (‘‘CPSIA’’) requires the U.S. Consumer Product Safety Commission (‘‘CPSC’’ or ‘‘Commission’’) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing this rule to revoke its existing regulations pertaining to full-size and non-full-size cribs because, elsewhere in this issue of the Federal Register, the Commission is issuing consumer product safety standards for cribs that will further reduce the risk of injury associated with these products under section 104 of the CPSIA. The new consumer product safety standards for cribs will include the requirements that have been in 16 CFR parts 1508 and 1509 for full-size and non-full-size cribs. To eliminate duplication, the Commission is removing 16 CFR parts 1508 and 1509 entirely. SUMMARY: DATES: Effective June 28, 2011. FOR FURTHER INFORMATION CONTACT: Christopher Melchert, Division of Regulatory Enforcement, Office of Compliance, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7588; cmelchert@cpsc.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 A. What regulations is the CPSC revoking? The CPSC first published the full-size crib regulation, 16 CFR part 1508, in 1973 (38 FR 32129 (Nov. 21, 1973)) and amended it in 1982. The CPSC published the regulation for non-fullsize cribs, 16 CFR part 1509, in 1976 (41 FR 6240 (Feb. 12, 1976)), and amended it in 1982. Both standards contain requirements pertaining to dimensions, spacing of components, hardware, construction and finishing, assembly instructions, cutouts, identifying marks, warning statements, and compliance declarations. In addition, 16 CFR part 1509 contains a requirement regarding mattresses. B. Why is the CPSC revoking the regulations pertaining to cribs? The Consumer Product Safety Improvement Act of 2008, Public Law 110–314 (‘‘CPSIA’’), was enacted on August 14, 2008. Section 104(b) of the CPSIA requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. Elsewhere in this issue of the Federal Register, the Commission is issuing safety standards for full-size and non-full-size cribs under the authority of section 104 of the CPSIA. These new standards adopt the voluntary standards developed by ASTM International (formerly known as the American Society for Testing and Materials), which are more stringent in some respects than the current applicable standards, and include ASTM F 1169– 10, ‘‘Standard Consumer Safety Specification for Full-Size Baby Cribs,’’ and ASTM F 406–10a, ‘‘Standard Consumer Safety Specification for NonFull-Size Baby Cribs/Play Yards.’’ The crib standards that the CPSC is publishing elsewhere in this issue of the Federal Register incorporate all of the requirements currently found in 16 CFR parts 1508 and 1509. Consequently, the requirements found at 16 CFR parts 1508 and 1509 have become redundant. The Commission, therefore, is revoking 16 CFR parts 1508 and 1509 in their entirety. The Commission emphasizes that the revocation of 16 CFR parts 1508 and 1509 would have no substantive effect on crib safety. The requirements from 16 CFR parts 1508 and 1509 still apply to full-size and non-full-size cribs, but are E:\FR\FM\28DER2.SGM 28DER2 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations part of new consumer product safety standards to be codified at 16 CFR parts 1219 and 1220. C. Comment on the Proposal In the Federal Register of July 23, 2010 (75 FR 43107), the Commission published a notice of proposed rulemaking proposing to revoke 16 CFR parts 1508 and 1509. We received one comment on the proposal. The comment agreed with the proposed revocation, stating: ‘‘The proposed new regulations will be more thorough and comprehensive than the old regulations. It is simply logical to revoke the old outdated 16 CFR parts 1508 and 1509.’’ We agree with the comment, and therefore, we are revoking 16 CFR parts 1508 and 1509 entirely. D. Paperwork Reduction Act This rule would not impose any information collection requirements. Accordingly, this rule is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501–3520. E. Environmental Considerations This rule falls within the scope of the Commission’s environmental review regulation at 16 CFR 1021.5(c)(1), which provides a categorical exclusion from any requirement for the agency to prepare an environmental assessment or environmental impact statement for rules that revoke product safety standards. F. Effective Date The final rule to revoke 16 CFR parts 1508 and 1509 becomes effective on June 28, 2011. This date corresponds to the effective date of the new mandatory standards developed for full-size and non-full-size cribs. List of Subjects 16 CFR Part 1508 Consumer protection, Cribs and bassinets, Infants and children, Reporting and recordkeeping requirements. emcdonald on DSK2BSOYB1PROD with RULES2 16 CFR Part 1509 Consumer protection, Cribs and bassinets, Infants and children, Reporting and recordkeeping requirements. ■ For the reasons stated above, and under the authority of section 3 of the CPSIA and 5 U.S.C. 553, the Consumer Product Safety Commission removes 16 CFR parts 1508 and 1509 entirely. PART 1508—[REMOVED] 1. Under authority of section 3 of the CPSIA, part 1508 is removed. ■ VerDate Mar<15>2010 22:20 Dec 27, 2010 Jkt 223001 PART 1509—[REMOVED] 2. Under authority of section 3 of the CPSIA, part 1509 is removed. ■ Dated: December 17, 2010. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2010–32179 Filed 12–27–10; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. CPSC–2009–0064] 16 CFR Parts 1219 and 1220 Third Party Testing for Certain Children’s Products; Full-Size Baby Cribs and Non-Full-Size Baby Cribs: Requirements for Accreditation of Third Party Conformity Assessment Bodies Consumer Product Safety Commission. ACTION: Notice of requirements. AGENCY: The Consumer Product Safety Commission (CPSC or Commission) is issuing a notice of requirements that provides the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing pursuant to specific CPSC regulations relating to full-size and non-full-size baby cribs. The Commission is issuing this notice of requirements pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2063(a)(3)(B)(vi)). SUMMARY: Effective Date: The requirements for accreditation of third party conformity assessment bodies to assess conformity with 16 CFR parts 1219 and/or 1220 are effective December 28, 2010. FOR FURTHER INFORMATION CONTACT: Robert ‘‘Jay’’ Howell, Assistant Executive Director for Hazard Identification and Reduction, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; email rhowell@cpsc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Introduction Section 14(a)(3)(B)(vi) of the CPSA, as added by section 102(a)(2) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110– 314, directs the CPSC to publish a notice of requirements for accreditation of third party conformity assessment bodies to assess children’s products for conformity with ‘‘other children’s PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 81789 product safety rules.’’ Section 14(f)(1) of the CPSA defines ‘‘children’s product safety rule’’ as ‘‘a consumer product safety rule under [the CPSA] or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance.’’ Under section 14(a)(3)(A) of the CPSA, each manufacturer (including the importer) or private labeler of products subject to those regulations must have products that are manufactured more than 90 days after the Federal Register publication date of a notice of the requirements for accreditation, tested by a third party conformity assessment body accredited to do so, and must issue a certificate of compliance with the applicable regulations based on that testing. Section 14(a)(2) of the CPSA, as added by section 102(a)(2) of the CPSIA, requires that certification be based on testing of sufficient samples of the product, or samples that are identical in all material respects to the product. The Commission also emphasizes that, irrespective of certification, the product in question must comply with applicable CPSC requirements (see, e.g., section 14(h) of the CPSA, as added by section 102(b) of the CPSIA). This notice provides the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing pursuant to safety standards for full-size and nonfull-size baby cribs, which appears elsewhere in this issue of the Federal Register. The standards for full-size and non-full-size baby cribs will be codified at 16 CFR parts 1219 and 1220 respectively. The standards contain the test methods that conformity assessment bodies will use to assess full-size and non-full-size baby cribs. The Commission is recognizing limited circumstances in which it will accept certifications based on product testing conducted before the full-size and nonfull-size baby crib standards become effective in six months. The details regarding those limited circumstances can be found in part IV of this document below. Although section 14(a)(3)(B)(vi) of the CPSA directs the CPSC to publish a notice of requirements for accreditation of third party conformity assessment bodies to assess conformity with ‘‘all other children’s product safety rules,’’ this notice of requirements is limited to the test methods identified immediately above. The CPSC also recognizes that section 14(a)(3)(B)(vi) of the CPSA is captioned: ‘‘All Other Children’s Product Safety Rules,’’ but the body of the statutory E:\FR\FM\28DER2.SGM 28DER2

Agencies

[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81788-81789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32179]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1508 and 1509


Revocation of Requirements for Full-Size Baby Cribs and Non-Full-
Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Section 104(b) of the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA'') requires the U.S. Consumer Product Safety 
Commission (``CPSC'' or ``Commission'') to promulgate consumer product 
safety standards for durable infant or toddler products. These 
standards are to be ``substantially the same as'' applicable voluntary 
standards or more stringent than the voluntary standard if the 
Commission concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is issuing this rule to revoke its existing regulations pertaining to 
full-size and non-full-size cribs because, elsewhere in this issue of 
the Federal Register, the Commission is issuing consumer product safety 
standards for cribs that will further reduce the risk of injury 
associated with these products under section 104 of the CPSIA. The new 
consumer product safety standards for cribs will include the 
requirements that have been in 16 CFR parts 1508 and 1509 for full-size 
and non-full-size cribs. To eliminate duplication, the Commission is 
removing 16 CFR parts 1508 and 1509 entirely.

DATES: Effective June 28, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Melchert, Division of 
Regulatory Enforcement, Office of Compliance, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7588; cmelchert@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. What regulations is the CPSC revoking?

    The CPSC first published the full-size crib regulation, 16 CFR part 
1508, in 1973 (38 FR 32129 (Nov. 21, 1973)) and amended it in 1982. The 
CPSC published the regulation for non-full-size cribs, 16 CFR part 
1509, in 1976 (41 FR 6240 (Feb. 12, 1976)), and amended it in 1982. 
Both standards contain requirements pertaining to dimensions, spacing 
of components, hardware, construction and finishing, assembly 
instructions, cutouts, identifying marks, warning statements, and 
compliance declarations. In addition, 16 CFR part 1509 contains a 
requirement regarding mattresses.

B. Why is the CPSC revoking the regulations pertaining to cribs?

    The Consumer Product Safety Improvement Act of 2008, Public Law 
110-314 (``CPSIA''), was enacted on August 14, 2008. Section 104(b) of 
the CPSIA requires the Commission to promulgate consumer product safety 
standards for durable infant or toddler products. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standard if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product. Elsewhere in this issue of the 
Federal Register, the Commission is issuing safety standards for full-
size and non-full-size cribs under the authority of section 104 of the 
CPSIA. These new standards adopt the voluntary standards developed by 
ASTM International (formerly known as the American Society for Testing 
and Materials), which are more stringent in some respects than the 
current applicable standards, and include ASTM F 1169-10, ``Standard 
Consumer Safety Specification for Full-Size Baby Cribs,'' and ASTM F 
406-10a, ``Standard Consumer Safety Specification for Non-Full-Size 
Baby Cribs/Play Yards.''
    The crib standards that the CPSC is publishing elsewhere in this 
issue of the Federal Register incorporate all of the requirements 
currently found in 16 CFR parts 1508 and 1509. Consequently, the 
requirements found at 16 CFR parts 1508 and 1509 have become redundant. 
The Commission, therefore, is revoking 16 CFR parts 1508 and 1509 in 
their entirety.
    The Commission emphasizes that the revocation of 16 CFR parts 1508 
and 1509 would have no substantive effect on crib safety. The 
requirements from 16 CFR parts 1508 and 1509 still apply to full-size 
and non-full-size cribs, but are

[[Page 81789]]

part of new consumer product safety standards to be codified at 16 CFR 
parts 1219 and 1220.

C. Comment on the Proposal

    In the Federal Register of July 23, 2010 (75 FR 43107), the 
Commission published a notice of proposed rulemaking proposing to 
revoke 16 CFR parts 1508 and 1509. We received one comment on the 
proposal. The comment agreed with the proposed revocation, stating: 
``The proposed new regulations will be more thorough and comprehensive 
than the old regulations. It is simply logical to revoke the old 
outdated 16 CFR parts 1508 and 1509.''
    We agree with the comment, and therefore, we are revoking 16 CFR 
parts 1508 and 1509 entirely.

D. Paperwork Reduction Act

    This rule would not impose any information collection requirements. 
Accordingly, this rule is not subject to the Paperwork Reduction Act, 
44 U.S.C. 3501-3520.

E. Environmental Considerations

    This rule falls within the scope of the Commission's environmental 
review regulation at 16 CFR 1021.5(c)(1), which provides a categorical 
exclusion from any requirement for the agency to prepare an 
environmental assessment or environmental impact statement for rules 
that revoke product safety standards.

F. Effective Date

    The final rule to revoke 16 CFR parts 1508 and 1509 becomes 
effective on June 28, 2011. This date corresponds to the effective date 
of the new mandatory standards developed for full-size and non-full-
size cribs.

List of Subjects

16 CFR Part 1508

    Consumer protection, Cribs and bassinets, Infants and children, 
Reporting and recordkeeping requirements.

16 CFR Part 1509

    Consumer protection, Cribs and bassinets, Infants and children, 
Reporting and recordkeeping requirements.

0
For the reasons stated above, and under the authority of section 3 of 
the CPSIA and 5 U.S.C. 553, the Consumer Product Safety Commission 
removes 16 CFR parts 1508 and 1509 entirely.

PART 1508--[REMOVED]

0
1. Under authority of section 3 of the CPSIA, part 1508 is removed.

PART 1509--[REMOVED]

0
2. Under authority of section 3 of the CPSIA, part 1509 is removed.

    Dated: December 17, 2010.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010-32179 Filed 12-27-10; 8:45 am]
BILLING CODE 6355-01-P
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