Safety Standard for Non-Full-Size Baby Cribs, 26206-26210 [2018-12021]

Download as PDF 26206 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1220 [Docket No. CPSC–2010–0075] Safety Standard for Non-Full-Size Baby Cribs Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar Child Product Safety Notification Act, the U.S. Consumer Product Safety Commission (CPSC), in December 2010, published a consumer product safety standard for non-full-size baby cribs (NFS cribs). The standard incorporated by reference the applicable ASTM voluntary standard, with several modifications. The CPSIA sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC’s standard for NFS cribs to incorporate by reference a more recent version of the applicable ASTM standard. DATES: The rule is effective on September 10, 2018, unless we receive significant adverse comment by July 6, 2018. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of September 10, 2018. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2010– 0075, by any of the following methods: Submit electronic comments in the following way: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. To ensure timely processing of comments, the Commission is no longer accepting comments submitted by electronic mail (email), except through www.regulations.gov. Submit written submissions as follows: Mail/Hand delivery/Courier (for paper, disk, or CD–ROM submissions), preferably in five copies, to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East-West daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:40 Jun 05, 2018 Jkt 244001 Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information electronically. Such information should be submitted in writing. FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814–4408; telephone: 301–504–7814; email: jjirgl@cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background The Danny Keysar Child Product Safety Notification Act Section 104(b)(1)(B) of the CPSIA, also known as the Danny Keysar Child Product Safety Notification Act, requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. The law requires that these standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The CPSIA also sets forth a process for updating CPSC’s durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA provides that if an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this subsection, it shall notify the Commission. In addition, the revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 standard and that the Commission is retaining the existing consumer product safety standard. The CPSC’s NFS Crib Standard Section 104(c) of the CPSIA treated cribs differently than other products covered by section 104. Section 104(c) of the CPSIA stated that the standards for full-size and NFS cribs would apply to persons (such as those owning or operating child care facilities and places of public accommodation) in addition to persons usually subject to consumer product safety rules.1 Pursuant to section 104(b)(1) and section 104(c) of the CPSIA, on December 28, 2010, the Commission published a mandatory consumer product safety standard that incorporated by reference ASTM F406– 10a, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, along with several modifications. (75 FR 81766). These modifications: • Excluded a requirement to retighten screws and bolts between the crib side latch test and the mattress support vertical impact test (Section 6.1 of ASTM F406–10a; 16 CFR 1220.2(b)(3) of the CPSC standard); • Clarified how to conduct the spindle/slat static force test with a crib that has folding or movable sides (Section 8.10.1 of ASTM F406–10a; 16 CFR 1220.2(b)(5) of the CPSC standard); • Revised a warning to replace the words ‘‘play yard’’ with the word ‘‘product’’ (Section 9.4.2.6 of ASTM F406–10a; 16 CFR 1220(b)(12) of the CPSC standard); and • Removed the provisions that relate only to play yards (1220.2(b)(1), (2), (4), and (6) through (11) of the CPSC standard). On August 12, 2011, in Public Law No. 112–28, Congress amended section 104 and specifically addressed the revision of the crib standards, stating that any revision of the crib standards 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’’). E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations 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.’’ If the Commission does apply the revised crib standard to additional persons, it must provide at least 12 months for those persons to come into compliance. The Commission is not expanding the applicability of the revised NFS crib standard in this rule. Thus, the revised NFS crib standard will apply to the same entities and in the same manner as other rules the Commission issues under section 104 of the CPSIA. Although ASTM F406 covers both NFS cribs and play yards, because section 104 has provisions that are specific to cribs, the CPSC created separate standards for NFS cribs and play yards. The safety standard for NFS cribs is set forth in 16 CFR part 1220. The safety standard for play yards is set forth in 16 CFR part 1221. Full-size cribs are addressed in a separate standard that references ASTM F1169– 10 (16 CFR part 1219). The CPSC standard for NFS cribs does not apply to play yards, which are mesh or fabricsided products, and the play yardspecific requirements are expressly excluded from the NFS crib standard.2 daltland on DSKBBV9HB2PROD with RULES Notification of Recent Revision On March 14, 2018, ASTM officially notified the CPSC that ASTM has published a revised 2017 version of ASTM F406 in a standard approved on December 1, 2017, ASTM F406–17, Standard Consumer Safety Performance Specification for Non-Full Size Baby Cribs/Play Yards. ASTM specifically notified the Commission only on the revisions related to the sections covering NFS cribs, but not on the sections related to the requirements for play yards. As discussed below, the Commission has reviewed the differences between the CPSC standard, 16 CFR part 1220, and ASTM F406–17. B. Revisions to the ASTM Standard ASTM has published nine revisions to ASTM F406 since publication of ASTM F406–10a. Three of the nine revisions of ASTM F406 affected the requirements for play yards but did not affect the voluntary standard for NFS cribs.3 Four revisions of ASTM F406 affected both NFS cribs and play yards.4 Two 2 See 16 CFR 1220.2(b)(1), (2), (4), and (6) through (11). 3 F406–11, F406–11b, and F406–12a. 4 F406–11a, F406–12, F406–13, and F406–15. VerDate Sep<11>2014 16:02 Jun 05, 2018 Jkt 244001 revisions affected only NFS cribs.5 The revisions that impact play yards are not addressed in this rule; only the revisions that relate to NFS cribs are addressed in this rule. There are several differences between 16 CFR part 1220 (which incorporated by reference ASTM F406–10a) and the revised version of the standard, ASTM F406–17. Below, we summarize the differences and the CPSC’s assessment of the revisions that are applicable to NFS cribs. F406–10b Revision ASTM F406–10b, approved and published in December 2010, revised ASTM F406–10a. ASTM F406–10b made two significant revisions: • Section 8.10.1—changed provisions on spindles and slats to require that each foldable and moveable side be tested separately. This change harmonized ASTM F406 with 16 CFR 1220.2(b)(5). • Section 9.4.2.6, changed the language in the required warning from ‘‘play yard’’ to ‘‘product,’’ which harmonized ASTM F406 with 16 CFR 1220.2(b)(12). Previously, when it published the CPSC standard for NFS cribs in 2010, the Commission concluded that these changes would be more stringent than the voluntary standard and would further reduce the risk of injury associated with the product. Accordingly, the Commission finds that these revisions, which remain unchanged in the ASTM F406–17, would improve the safety of NFS cribs. F406–11a Revision ASTM F406–11a, approved on July 1, 2011, and published in September 2011, contained two changes to definitions that affected NFS cribs, but did not affect the safety of these products. • The definition of ‘‘non-full-size crib’’ was modified to clarify that the two dimensions referred to a length and width, rather than two lengths. • The word ‘‘dropside’’ was removed from ‘‘dropside/drop gate,’’ and the definition was modified to define ‘‘drop gates’’ as telescoping or pivoting, rather than sliding or pivoting. Because both changes are clarifications, the Commission considers them to be neutral changes regarding safety. F406–12 Revision ASTM F406–12, approved on January 15, 2012, and published in February 2012, contained one change applicable to NFS cribs. • The definition of ‘‘dropgate’’ was modified to remove the word 5 F406–12b PO 00000 and F406–17. Frm 00005 Fmt 4700 Sfmt 4700 26207 ‘‘telescope,’’ because drop gates are products that pivot, while a telescoping side would be covered under the definition of ‘‘movable side’’. This clarification is a neutral change regarding safety. F406–13 Revision ASTM F406–13, approved on May 1, 2013, and published in May 2013, contained the following changes affecting NFS cribs: • Section 5.8.3.3—clarified that removing the mattress is considered one of the two required actions for the release of a ‘‘double-action locking or latching device’’ located under the mattress. The Commission agrees that removing the mattress is an appropriate action and finds this is a neutral change regarding safety. • Section 5.9.2—provided an exemption for any ‘‘openings in the surface of a mattress support made of a rigid material’’ that are designed to prevent the entrapment of fingers, toes, hands, or feet if the occupant can readily move, lift, or fold the mattress to expose the opening. Specifically, rigid products, i.e., NFS cribs that have a total mattress thickness greater than 2.5 inches are exempted from this requirement. The Commission agrees that a 2.5-inch thick mattress will render any potential openings inaccessible and finds this is a neutral change regarding safety. • Section 5.15—Entrapment in accessories clarified the example description; in addition, removed the requirement in section 5.15.2 that all attachment points must remain attached, but retained the requirement that all openings exposed by the test ‘‘shall not allow the complete passage of the small head probe.’’ This change allows for designs where an accessory rests on the top rails of a NFS crib along the full length of the accessory’s edge. In these cases, there are no ‘‘attachment points.’’ This change outlines more clearly the method of performing the test, while applying the test to accessories with and without true attachment points. The Commission concludes this change improves the safety of NFS cribs. • Section 5.19—the section on key structural elements, was moved to section 6.18. This a neutral change regarding safety. • Section 8.26.3—Detachment Test was changed to clarify that the test refers to the ‘‘portion of the accessory,’’ instead of the ‘‘attachment portion.’’ This clarification was necessary due to the changes in section 5.15, and the Commission considers this change improves the safety of the standard. E:\FR\FM\06JNR1.SGM 06JNR1 26208 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations • Section 6.18—now contains the provision for NFS cribs previously in section 5.19. This is a neutral change regarding safety. daltland on DSKBBV9HB2PROD with RULES F406–15 Revision ASTM F406–15, approved on November 1, 2015, and published in December 2015, contained the following changes affecting NFS cribs: • Section 5.15—Entrapment in Accessories was changed to include specifically cantilevered accessories as a type of accessory that must be tested for entrapment. The Commission finds this change improves the safety of NFS cribs by ensuring this type of accessory is addressed by the standard. • Section 8.17.4—Minor clarifications were made in the product stability test regarding placement of the stability test device. This is a neutral change regarding safety. • Section 8.26—Entrapment Test made two changes to address cantilevered accessories. Æ First, a new method was added to determine the opening for cantilevered accessories (sections 8.26.1.1 and 8.26.1.2) that should be tested for entrapment. The text in section 8.26.1 specifies that the test methods are ‘‘performed when accessories are secured to the non-full size crib/play yard’’; therefore, the test method for cantilevered accessories is applied to NFS cribs. (Although the test method in 8.26.1.1 identifies the ‘‘play yard top rail’’ in the test reference, instead of both NFS cribs and play yards, this editorial error will be addressed by ASTM). Æ Second, requirements were added to evaluate the small and large head probes used in identified openings (section 8.2.5.2.1). The Commission considers these changes a safety improvement for NFS cribs because all openings in cantilevered accessories are tested for entrapment. • Section 9.4.2.11—added flexibility to the instructions to allow cribs intended for use in child care facilities to substitute the warning, ‘‘Child in crib must be under supervision at all times,’’ in lieu of ‘‘Always provide the supervision necessary for the continued safety of your child. When used for playing, never leave child unattended.’’ Although CPSC believes that the original warning language is adequate, the substitute language may be appropriate in a child care facility where continued supervision is necessary and expected. The Commission considers this is a neutral change regarding safety. VerDate Sep<11>2014 16:02 Jun 05, 2018 Jkt 244001 F406–17 Revision The current version of ASTM F406, ASTM F406–17, was approved in December 2017, and published in January 2018. On March 14, 2018, ASTM notified the Commission that ASTM F406 had been revised with a 2017 version for NFS cribs, ASTM F406–17. ASTM F406–17 incorporates all the changes discussed above, with one additional change. • Section 6.10, which allowed for retightening of screws and bolts during testing, was removed. The removal of section 6.10 harmonized ASTM F406 with 16 CFR 1220.2(b)(3). Because the Commission previously concluded in 2010, when it published the CPSC standard for NFS cribs, that this change would be more stringent than the voluntary standard and would further reduce the risk of injury associated with the product, the Commission considers this change an improvement to the safety of NFS cribs. As discussed above, the NFS crib standard shares a voluntary standard with play yards. Accordingly, when the CPSC standard was issued in 2010, 16 CFR 1220.2(b) excluded the provisions of ASTM F406–10a that applied only to play yards. Specifically, the CPSC standard excluded: • Sections 5.6.2 through 5.6.2.4 (top rail testing for scissoring, shearing, pinching); • Section 5.16.2 (mattress filling materials for play yards); • Section 7 (performance requirements for mesh/fabric products); • Sections 8.11 through 8.11.2.4 (test method for mesh/fabric products); • Sections 8.12 through 8.12.2.2 (floor strength test for mesh/fabric products); • Sections 8.14 through 8.14.2 (mesh opening test); • Sections 8.15 through 8.15.3.3 (test for strength of mesh and integrity of attachments); • Sections 8.16 through 8.16.3 (mesh/ fabric attachment strength test method); and • Sections 9.3.2 through 9.3.2.4 (mesh drop top rails warning requirements). These sections have been retained in the ASTM F406–17 standard. Since 2010, seven of the nine revisions to ASTM F406 added or modified play yard-specific requirements and associated test methods. Accordingly, the Commission is excluding all of the provisions that are play yard-specific in ASTM 406–17 from the updated CPSC standard. In addition, several new sections apply only to play yards. The revised CPSC standard that incorporates ASTM F406– 17 excludes these provisions regarding play yard test methods: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 • Section 5.19 (bassinet/cradle accessories); • Sections 8.28 through 8.28.4 (mattress vertical displacement test); • Sections 8.29 through 8.29.3 (top rail configuration test); • Sections 8.30 through 8.30.5 (top rail to corner post attachment test); and • Sections 8.31 through 8.31.9 (bassinet and cradle accessory). In accordance with section 104(b)(4) of the CPSIA, the revised ASTM standard for NFS cribs becomes the new CPSC standard 180 days after the date the CPSC received notification of the revision from ASTM. This rule revises the incorporation by reference in 16 CFR part 1220, to reference ASTM F406–17, for NFS cribs, except for the provisions of ASTM F406–17 that apply to play yards. C. Incorporation by Reference The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble to the final rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR’s requirements, section B of this preamble summarizes the major provisions of ASTM F406–17 standard that the Commission incorporates by reference into 16 CFR part 1220. The standard is reasonably available to interested parties, and interested parties may purchase a copy of the standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832–9585; https:// www.astm.org/. A copy of the standard can also be inspected at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone 301–504–7923. D. Certification Section 14(a) of the CPSA requires that 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, be certified as complying 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 on a sufficient number of samples by a third party conformity assessment E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES body accredited by the Commission to test according to the applicable requirements. As noted in the preceding discussion, 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 NFS cribs are children’s products, samples of these products must be tested by a third party conformity assessment body whose accreditation has been accepted by the Commission. These products also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA, the phthalates prohibitions in section 108 of the CPSIA, the tracking label requirement in section 14(a)(5) of the CPSA, and the consumer registration form requirements in the Danny Keysar Child Product Safety Notification Act. E. Notice of Requirements In accordance with section 14(a)(3)(B)(iv) of the CPSA, the Commission has previously published a notice of requirements (NOR) for accreditation of third party conformity assessment bodies for testing NFS cribs (73 FR 62965 (Oct. 22, 2008)). The NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing NFS cribs to 16 CFR part 1220 (which incorporated ASTM F406–10a with several modifications). The NOR is listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies.’’ 16 CFR part 1112. Most of the revisions clarify the existing standard and will use existing test methods with minor adjustments, with only one new test for cantilevered accessories. This test uses previously established test methods with existing probes, but adds a plumb line between the accessory and the product top rail to identify areas to be tested for entrapment. Accordingly, there is no significant change in the way that third party conformity assessment bodies test these products for compliance with the NFS crib standard. Laboratories would begin testing to the new standard when ASTM F406–17 goes into effect, and the existing accreditations that the Commission has accepted for testing to this standard previously would also cover testing to the revised standard. Therefore, 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’ accreditation to reflect the VerDate Sep<11>2014 16:02 Jun 05, 2018 Jkt 244001 revised standard in the normal course of renewing their accreditation. F. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA) generally requires notice and comment rulemaking, section 553 of the APA provides an exception when the agency, for good cause, finds that notice and public procedure are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ 5 U.S.C. 553(b)(B). The Commission concludes that when the Commission updates a reference to an ASTM standard that the Commission has incorporated by reference under section 104(b) of the CPSIA, notice and comment is not necessary. Under the process set out in section 104(b)(4)(B) of the CPSIA, when ASTM revises a standard that the Commission has previously incorporated by reference as a Commission standard for a durable infant or toddler product under section 104(b)(1)(b) of the CPSIA, that revision will become the new CPSC standard, unless the Commission determines that ASTM’s revision does not improve the safety of the product. Thus, unless the Commission makes such a determination, the ASTM revision becomes CPSC’s standard by operation of law. The Commission is allowing ASTM F406–17 to become CPSC’s new standard. The purpose of this direct final rule is merely to update the reference in the Code of Federal Regulations so that it accurately reflects the version of the standard that takes effect by statute. Public comment will not impact the substantive changes to the standard or the effect of the revised standard as a consumer product safety standard under section 104(b) of the CPSIA. Under these circumstances, notice and comment is not necessary. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended that agencies use the direct final rule process when they act under the ‘‘unnecessary’’ prong of the good cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule because we do not expect any significant adverse comments. Unless we receive a significant adverse comment within 30 days, the rule will become effective on September PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 26209 10, 2018. In accordance with ACUS’s recommendation, the Commission considers a significant adverse comment to be one where the commenter explains why the rule would be inappropriate, including an assertion challenging the rule’s underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. Should the Commission receive a significant adverse comment, the Commission would withdraw this direct final rule. Depending on the comments 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. G. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires that agencies 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 and 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As explained above, the Commission has determined that notice and comment is not necessary for this direct final rule. Thus, the RFA does not apply. We also note 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. H. Paperwork Reduction Act The NFS crib standard contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The revision made no changes to that section of the standard. Thus, the revision will not have any effect on the information collection requirements related to the standard. I. Environmental Considerations The Commission’s regulations provide a categorical exclusion for the Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. E:\FR\FM\06JNR1.SGM 06JNR1 26210 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations J. Preemption Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a ‘‘consumer product safety standard under [the Consumer Product Safety Act (CPSA)]’’ 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. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the Commission for an exemption from this preemption under certain circumstances. The Danny Keysar Child Product Safety Notification Act (at section 104(b)(1)(B) of the CPSIA) refers to the rules to be issued under that section as ‘‘consumer product safety standards,’’ thus, implying that the preemptive effect of section 26(a) of the CPSA would apply. Therefore, a rule issued under section 104 of the CPSIA will invoke the preemptive effect of section 26(a) of the CPSA when it becomes effective. K. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when a voluntary standard organization revises a standard upon which a consumer product safety standard issued under the Danny Keysar Child Product Safety Notification Act was based, the revision becomes the CPSC standard within 180 days of 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. The Commission has not set a different effective date. Thus, in accordance with this provision, this rule takes effect 180 days after we received notification from ASTM of revisions to these standards. As discussed in the preceding section, this is a direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on September 10, 2018. daltland on DSKBBV9HB2PROD with RULES List of Subjects in 16 CFR Part 1220 Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends title 16 CFR chapter II as follows: VerDate Sep<11>2014 16:02 Jun 05, 2018 Jkt 244001 PART 1220—SAFETY STANDARD FOR NON-FULL-SIZE BABY CRIBS (14) Do not comply with section 9.3.2 through 9.3.2.4 of ASTM F406–17. 1. The authority citation for part 1220 is revised to read as follows: Alberta E Mills, Secretary, U.S. Consumer Product Safety Commission. ■ Authority: Sec. 104, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ [FR Doc. 2018–12021 Filed 6–5–18; 8:45 am] BILLING CODE 6355–01–P 2. Revise § 1220.2 to read as follows: § 1220.2 Requirements for non-full-size baby cribs. (a) Except as provided in paragraph (b) of this section, each non-full-size baby crib shall comply with all applicable provisions of ASTM F406– 17, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, approved December 1, 2017. The Director of the Federal Register approves the incorporation by reference listed in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 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/cfr/ibr-locations.html. (b) Comply with the ASTM F406–17 standard with the following exclusions: (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406–17. (2) Do not comply with section 5.16.2 of ASTM F406–17. (3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406–17. (4) Do not comply with section 7, Performance Requirements for Mesh/ Fabric Products of ASTM F406–17. (5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406–17. (6) Do not comply with sections 8.12 through 8.12.2.2. of ASTM F406–17. (7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406–17. (8) Do not comply with sections 8.15 through 8.15.3.3. of ASTM F406–17. (9) Do not comply with section 8.16 through 8.16.3 of ASTM F406–17. (10) Do not comply with sections 8.28 through 8.28.4 of ASTM F406–17. (11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406–17. (12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406–17. (13) Do not comply with section 8.31 through 8.31.9 of ASTM F406–17. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 Department of the Navy, DoD. Final rule. AGENCY: ACTION: The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CHARLESTON (LCS 18) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply. DATES: This rule is effective June 6, 2018 and is applicable beginning May 24, 2018. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, JAGC, U.S. Navy, Admiralty Attorney, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave. SE, Suite 3000, Washington Navy Yard, DC 20374–5066, telephone number: 202– 685–5040. SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR part 706. This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS CHARLESTON (LCS 18) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I paragraph 2 (a)(i), pertaining to the height of the forward masthead light above the hull; Annex I, paragraph 2(f)(i), pertaining to the SUMMARY: E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Rules and Regulations]
[Pages 26206-26210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12021]



[[Page 26206]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1220

[Docket No. CPSC-2010-0075]


Safety Standard for Non-Full-Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In accordance with section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar 
Child Product Safety Notification Act, the U.S. Consumer Product Safety 
Commission (CPSC), in December 2010, published a consumer product 
safety standard for non-full-size baby cribs (NFS cribs). The standard 
incorporated by reference the applicable ASTM voluntary standard, with 
several modifications. The CPSIA sets forth a process for updating 
standards that the Commission has issued under the authority of section 
104(b) of the CPSIA. In accordance with that process, we are publishing 
this direct final rule, revising the CPSC's standard for NFS cribs to 
incorporate by reference a more recent version of the applicable ASTM 
standard.

DATES: The rule is effective on September 10, 2018, unless we receive 
significant adverse comment by July 6, 2018. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publication 
listed in this rule is approved by the Director of the Federal Register 
as of September 10, 2018.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0075, by any of the following methods:
    Submit electronic comments in the following way:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (email), except through www.regulations.gov.
    Submit written submissions as follows:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 820, 4330 East-West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, 
Office of Compliance and Field Operations, Consumer Product Safety 
Commission, 4330 East-West Highway, Bethesda, MD 20814-4408; telephone: 
301-504-7814; email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

The Danny Keysar Child Product Safety Notification Act

    Section 104(b)(1)(B) of the CPSIA, also known as the Danny Keysar 
Child Product Safety Notification Act, requires the Commission to 
promulgate consumer product safety standards for durable infant or 
toddler products. The law requires that these standards are to be 
``substantially the same as'' applicable voluntary standards or more 
stringent than the voluntary standards if the Commission concludes that 
more stringent requirements would further reduce the risk of injury 
associated with the product.
    The CPSIA also sets forth a process for updating CPSC's durable 
infant or toddler standards when the voluntary standard upon which the 
CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA 
provides that if an organization revises a standard that has been 
adopted, in whole or in part, as a consumer product safety standard 
under this subsection, it shall notify the Commission. In addition, the 
revised voluntary standard shall be considered to be a consumer product 
safety standard issued by the Commission under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after 
the date on which the organization notifies the Commission (or such 
later date specified by the Commission in the Federal Register) unless, 
within 90 days after receiving that notice, the Commission notifies the 
organization that it has determined that the proposed revision does not 
improve the safety of the consumer product covered by the standard and 
that the Commission is retaining the existing consumer product safety 
standard.

The CPSC's NFS Crib Standard

    Section 104(c) of the CPSIA treated cribs differently than other 
products covered by section 104. Section 104(c) of the CPSIA stated 
that the standards for full-size and NFS cribs would apply to persons 
(such as those owning or operating child care facilities and places of 
public accommodation) in addition to persons usually subject to 
consumer product safety rules.\1\ Pursuant to section 104(b)(1) and 
section 104(c) of the CPSIA, on December 28, 2010, the Commission 
published a mandatory consumer product safety standard that 
incorporated by reference ASTM F406-10a, Standard Consumer Safety 
Specification for Non-Full-Size Baby Cribs/Play Yards, along with 
several modifications. (75 FR 81766). These modifications:
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

     Excluded a requirement to retighten screws and bolts 
between the crib side latch test and the mattress support vertical 
impact test (Section 6.1 of ASTM F406-10a; 16 CFR 1220.2(b)(3) of the 
CPSC standard);
     Clarified how to conduct the spindle/slat static force 
test with a crib that has folding or movable sides (Section 8.10.1 of 
ASTM F406-10a; 16 CFR 1220.2(b)(5) of the CPSC standard);
     Revised a warning to replace the words ``play yard'' with 
the word ``product'' (Section 9.4.2.6 of ASTM F406-10a; 16 CFR 
1220(b)(12) of the CPSC standard); and
     Removed the provisions that relate only to play yards 
(1220.2(b)(1), (2), (4), and (6) through (11) of the CPSC standard).
    On August 12, 2011, in Public Law No. 112-28, Congress amended 
section 104 and specifically addressed the revision of the crib 
standards, stating that any revision of the crib standards

[[Page 26207]]

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.'' If the Commission does apply the revised crib standard to 
additional persons, it must provide at least 12 months for those 
persons to come into compliance. The Commission is not expanding the 
applicability of the revised NFS crib standard in this rule. Thus, the 
revised NFS crib standard will apply to the same entities and in the 
same manner as other rules the Commission issues under section 104 of 
the CPSIA.
    Although ASTM F406 covers both NFS cribs and play yards, because 
section 104 has provisions that are specific to cribs, the CPSC created 
separate standards for NFS cribs and play yards. The safety standard 
for NFS cribs is set forth in 16 CFR part 1220. The safety standard for 
play yards is set forth in 16 CFR part 1221. Full-size cribs are 
addressed in a separate standard that references ASTM F1169-10 (16 CFR 
part 1219). The CPSC standard for NFS cribs does not apply to play 
yards, which are mesh or fabric-sided products, and the play yard-
specific requirements are expressly excluded from the NFS crib 
standard.\2\
---------------------------------------------------------------------------

    \2\ See 16 CFR 1220.2(b)(1), (2), (4), and (6) through (11).
---------------------------------------------------------------------------

Notification of Recent Revision

    On March 14, 2018, ASTM officially notified the CPSC that ASTM has 
published a revised 2017 version of ASTM F406 in a standard approved on 
December 1, 2017, ASTM F406-17, Standard Consumer Safety Performance 
Specification for Non-Full Size Baby Cribs/Play Yards. ASTM 
specifically notified the Commission only on the revisions related to 
the sections covering NFS cribs, but not on the sections related to the 
requirements for play yards. As discussed below, the Commission has 
reviewed the differences between the CPSC standard, 16 CFR part 1220, 
and ASTM F406-17.

B. Revisions to the ASTM Standard

    ASTM has published nine revisions to ASTM F406 since publication of 
ASTM F406-10a. Three of the nine revisions of ASTM F406 affected the 
requirements for play yards but did not affect the voluntary standard 
for NFS cribs.\3\ Four revisions of ASTM F406 affected both NFS cribs 
and play yards.\4\ Two revisions affected only NFS cribs.\5\ The 
revisions that impact play yards are not addressed in this rule; only 
the revisions that relate to NFS cribs are addressed in this rule. 
There are several differences between 16 CFR part 1220 (which 
incorporated by reference ASTM F406-10a) and the revised version of the 
standard, ASTM F406-17. Below, we summarize the differences and the 
CPSC's assessment of the revisions that are applicable to NFS cribs.
---------------------------------------------------------------------------

    \3\ F406-11, F406-11b, and F406-12a.
    \4\ F406-11a, F406-12, F406-13, and F406-15.
    \5\ F406-12b and F406-17.
---------------------------------------------------------------------------

F406-10b Revision

    ASTM F406-10b, approved and published in December 2010, revised 
ASTM F406-10a. ASTM F406-10b made two significant revisions:
     Section 8.10.1--changed provisions on spindles and slats 
to require that each foldable and moveable side be tested separately. 
This change harmonized ASTM F406 with 16 CFR 1220.2(b)(5).
     Section 9.4.2.6, changed the language in the required 
warning from ``play yard'' to ``product,'' which harmonized ASTM F406 
with 16 CFR 1220.2(b)(12).
    Previously, when it published the CPSC standard for NFS cribs in 
2010, the Commission concluded that these changes would be more 
stringent than the voluntary standard and would further reduce the risk 
of injury associated with the product. Accordingly, the Commission 
finds that these revisions, which remain unchanged in the ASTM F406-17, 
would improve the safety of NFS cribs.

F406-11a Revision

    ASTM F406-11a, approved on July 1, 2011, and published in September 
2011, contained two changes to definitions that affected NFS cribs, but 
did not affect the safety of these products.
     The definition of ``non-full-size crib'' was modified to 
clarify that the two dimensions referred to a length and width, rather 
than two lengths.
     The word ``dropside'' was removed from ``dropside/drop 
gate,'' and the definition was modified to define ``drop gates'' as 
telescoping or pivoting, rather than sliding or pivoting.
    Because both changes are clarifications, the Commission considers 
them to be neutral changes regarding safety.

F406-12 Revision

    ASTM F406-12, approved on January 15, 2012, and published in 
February 2012, contained one change applicable to NFS cribs.
     The definition of ``dropgate'' was modified to remove the 
word ``telescope,'' because drop gates are products that pivot, while a 
telescoping side would be covered under the definition of ``movable 
side''.
    This clarification is a neutral change regarding safety.

F406-13 Revision

    ASTM F406-13, approved on May 1, 2013, and published in May 2013, 
contained the following changes affecting NFS cribs:
     Section 5.8.3.3--clarified that removing the mattress is 
considered one of the two required actions for the release of a 
``double-action locking or latching device'' located under the 
mattress. The Commission agrees that removing the mattress is an 
appropriate action and finds this is a neutral change regarding safety.
     Section 5.9.2--provided an exemption for any ``openings in 
the surface of a mattress support made of a rigid material'' that are 
designed to prevent the entrapment of fingers, toes, hands, or feet if 
the occupant can readily move, lift, or fold the mattress to expose the 
opening. Specifically, rigid products, i.e., NFS cribs that have a 
total mattress thickness greater than 2.5 inches are exempted from this 
requirement. The Commission agrees that a 2.5-inch thick mattress will 
render any potential openings inaccessible and finds this is a neutral 
change regarding safety.
     Section 5.15--Entrapment in accessories clarified the 
example description; in addition, removed the requirement in section 
5.15.2 that all attachment points must remain attached, but retained 
the requirement that all openings exposed by the test ``shall not allow 
the complete passage of the small head probe.'' This change allows for 
designs where an accessory rests on the top rails of a NFS crib along 
the full length of the accessory's edge. In these cases, there are no 
``attachment points.'' This change outlines more clearly the method of 
performing the test, while applying the test to accessories with and 
without true attachment points. The Commission concludes this change 
improves the safety of NFS cribs.
     Section 5.19--the section on key structural elements, was 
moved to section 6.18. This a neutral change regarding safety.
     Section 8.26.3--Detachment Test was changed to clarify 
that the test refers to the ``portion of the accessory,'' instead of 
the ``attachment portion.'' This clarification was necessary due to the 
changes in section 5.15, and the Commission considers this change 
improves the safety of the standard.

[[Page 26208]]

     Section 6.18--now contains the provision for NFS cribs 
previously in section 5.19. This is a neutral change regarding safety.

F406-15 Revision

    ASTM F406-15, approved on November 1, 2015, and published in 
December 2015, contained the following changes affecting NFS cribs:
     Section 5.15--Entrapment in Accessories was changed to 
include specifically cantilevered accessories as a type of accessory 
that must be tested for entrapment. The Commission finds this change 
improves the safety of NFS cribs by ensuring this type of accessory is 
addressed by the standard.
     Section 8.17.4--Minor clarifications were made in the 
product stability test regarding placement of the stability test 
device. This is a neutral change regarding safety.
     Section 8.26--Entrapment Test made two changes to address 
cantilevered accessories.
    [cir] First, a new method was added to determine the opening for 
cantilevered accessories (sections 8.26.1.1 and 8.26.1.2) that should 
be tested for entrapment. The text in section 8.26.1 specifies that the 
test methods are ``performed when accessories are secured to the non-
full size crib/play yard''; therefore, the test method for cantilevered 
accessories is applied to NFS cribs. (Although the test method in 
8.26.1.1 identifies the ``play yard top rail'' in the test reference, 
instead of both NFS cribs and play yards, this editorial error will be 
addressed by ASTM).
    [cir] Second, requirements were added to evaluate the small and 
large head probes used in identified openings (section 8.2.5.2.1).
    The Commission considers these changes a safety improvement for NFS 
cribs because all openings in cantilevered accessories are tested for 
entrapment.
     Section 9.4.2.11--added flexibility to the instructions to 
allow cribs intended for use in child care facilities to substitute the 
warning, ``Child in crib must be under supervision at all times,'' in 
lieu of ``Always provide the supervision necessary for the continued 
safety of your child. When used for playing, never leave child 
unattended.'' Although CPSC believes that the original warning language 
is adequate, the substitute language may be appropriate in a child care 
facility where continued supervision is necessary and expected. The 
Commission considers this is a neutral change regarding safety.

F406-17 Revision

    The current version of ASTM F406, ASTM F406-17, was approved in 
December 2017, and published in January 2018. On March 14, 2018, ASTM 
notified the Commission that ASTM F406 had been revised with a 2017 
version for NFS cribs, ASTM F406-17. ASTM F406-17 incorporates all the 
changes discussed above, with one additional change.
     Section 6.10, which allowed for retightening of screws and 
bolts during testing, was removed. The removal of section 6.10 
harmonized ASTM F406 with 16 CFR 1220.2(b)(3).
    Because the Commission previously concluded in 2010, when it 
published the CPSC standard for NFS cribs, that this change would be 
more stringent than the voluntary standard and would further reduce the 
risk of injury associated with the product, the Commission considers 
this change an improvement to the safety of NFS cribs.
    As discussed above, the NFS crib standard shares a voluntary 
standard with play yards. Accordingly, when the CPSC standard was 
issued in 2010, 16 CFR 1220.2(b) excluded the provisions of ASTM F406-
10a that applied only to play yards. Specifically, the CPSC standard 
excluded:
     Sections 5.6.2 through 5.6.2.4 (top rail testing for 
scissoring, shearing, pinching);
     Section 5.16.2 (mattress filling materials for play 
yards);
     Section 7 (performance requirements for mesh/fabric 
products);
     Sections 8.11 through 8.11.2.4 (test method for mesh/
fabric products);
     Sections 8.12 through 8.12.2.2 (floor strength test for 
mesh/fabric products);
     Sections 8.14 through 8.14.2 (mesh opening test);
     Sections 8.15 through 8.15.3.3 (test for strength of mesh 
and integrity of attachments);
     Sections 8.16 through 8.16.3 (mesh/fabric attachment 
strength test method); and
     Sections 9.3.2 through 9.3.2.4 (mesh drop top rails 
warning requirements). These sections have been retained in the ASTM 
F406-17 standard.
    Since 2010, seven of the nine revisions to ASTM F406 added or 
modified play yard-specific requirements and associated test methods. 
Accordingly, the Commission is excluding all of the provisions that are 
play yard-specific in ASTM 406-17 from the updated CPSC standard. In 
addition, several new sections apply only to play yards. The revised 
CPSC standard that incorporates ASTM F406-17 excludes these provisions 
regarding play yard test methods:
     Section 5.19 (bassinet/cradle accessories);
     Sections 8.28 through 8.28.4 (mattress vertical 
displacement test);
     Sections 8.29 through 8.29.3 (top rail configuration 
test);
     Sections 8.30 through 8.30.5 (top rail to corner post 
attachment test); and
     Sections 8.31 through 8.31.9 (bassinet and cradle 
accessory).
    In accordance with section 104(b)(4) of the CPSIA, the revised ASTM 
standard for NFS cribs becomes the new CPSC standard 180 days after the 
date the CPSC received notification of the revision from ASTM. This 
rule revises the incorporation by reference in 16 CFR part 1220, to 
reference ASTM F406-17, for NFS cribs, except for the provisions of 
ASTM F406-17 that apply to play yards.

C. Incorporation by Reference

    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble to the final rule, ways that the 
materials the agency incorporates by reference are reasonably available 
to interested persons and how interested parties can obtain the 
materials. In addition, the preamble to the final rule must summarize 
the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, section B of this 
preamble summarizes the major provisions of ASTM F406-17 standard that 
the Commission incorporates by reference into 16 CFR part 1220. The 
standard is reasonably available to interested parties, and interested 
parties may purchase a copy of the standard from ASTM International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 
USA; phone: 610-832-9585; https://www.astm.org/. A copy of the standard 
can also be inspected at CPSC's Office of the Secretary, U.S. Consumer 
Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, 
MD 20814, telephone 301-504-7923.

D. Certification

    Section 14(a) of the CPSA requires that 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, 
be certified as complying 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 on a sufficient number of samples by a third party 
conformity assessment

[[Page 26209]]

body accredited by the Commission to test according to the applicable 
requirements. As noted in the preceding discussion, 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 NFS cribs are children's products, samples of these 
products must be tested by a third party conformity assessment body 
whose accreditation has been accepted by the Commission. These products 
also must comply with all other applicable CPSC requirements, such as 
the lead content requirements in section 101 of the CPSIA, the 
phthalates prohibitions in section 108 of the CPSIA, the tracking label 
requirement in section 14(a)(5) of the CPSA, and the consumer 
registration form requirements in the Danny Keysar Child Product Safety 
Notification Act.

E. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSA, the 
Commission has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
NFS cribs (73 FR 62965 (Oct. 22, 2008)). The NOR provided the criteria 
and process for our acceptance of accreditation of third party 
conformity assessment bodies for testing NFS cribs to 16 CFR part 1220 
(which incorporated ASTM F406-10a with several modifications). The NOR 
is listed in the Commission's rule, ``Requirements Pertaining to Third 
Party Conformity Assessment Bodies.'' 16 CFR part 1112.
    Most of the revisions clarify the existing standard and will use 
existing test methods with minor adjustments, with only one new test 
for cantilevered accessories. This test uses previously established 
test methods with existing probes, but adds a plumb line between the 
accessory and the product top rail to identify areas to be tested for 
entrapment. Accordingly, there is no significant change in the way that 
third party conformity assessment bodies test these products for 
compliance with the NFS crib standard. Laboratories would begin testing 
to the new standard when ASTM F406-17 goes into effect, and the 
existing accreditations that the Commission has accepted for testing to 
this standard previously would also cover testing to the revised 
standard. Therefore, 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' accreditation 
to reflect the revised standard in the normal course of renewing their 
accreditation.

F. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the 
Commission updates a reference to an ASTM standard that the Commission 
has incorporated by reference under section 104(b) of the CPSIA, notice 
and comment is not necessary.
    Under the process set out in section 104(b)(4)(B) of the CPSIA, 
when ASTM revises a standard that the Commission has previously 
incorporated by reference as a Commission standard for a durable infant 
or toddler product under section 104(b)(1)(b) of the CPSIA, that 
revision will become the new CPSC standard, unless the Commission 
determines that ASTM's revision does not improve the safety of the 
product. Thus, unless the Commission makes such a determination, the 
ASTM revision becomes CPSC's standard by operation of law. The 
Commission is allowing ASTM F406-17 to become CPSC's new standard. The 
purpose of this direct final rule is merely to update the reference in 
the Code of Federal Regulations so that it accurately reflects the 
version of the standard that takes effect by statute. Public comment 
will not impact the substantive changes to the standard or the effect 
of the revised standard as a consumer product safety standard under 
section 104(b) of the CPSIA. Under these circumstances, notice and 
comment is not necessary. In Recommendation 95-4, the Administrative 
Conference of the United States (ACUS) endorsed direct final rulemaking 
as an appropriate procedure to expedite promulgation of rules that are 
noncontroversial and that are not expected to generate significant 
adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended 
that agencies use the direct final rule process when they act under the 
``unnecessary'' prong of the good cause exemption in 5 U.S.C. 
553(b)(B). Consistent with the ACUS recommendation, the Commission is 
publishing this rule as a direct final rule because we do not expect 
any significant adverse comments.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on September 10, 2018. In accordance with 
ACUS's recommendation, the Commission considers a significant adverse 
comment to be one where the commenter explains why the rule would be 
inappropriate, including an assertion challenging the rule's underlying 
premise or approach, or a claim that the rule would be ineffective or 
unacceptable without change.
    Should the Commission receive a significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comments 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.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies 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 and 604. The RFA applies 
to any rule that is subject to notice and comment procedures under 
section 553 of the APA. Id. As explained above, the Commission has 
determined that notice and comment is not necessary for this direct 
final rule. Thus, the RFA does not apply. We also note 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.

H. Paperwork Reduction Act

    The NFS crib standard contains information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
revision made no changes to that section of the standard. Thus, the 
revision will not have any effect on the information collection 
requirements related to the standard.

I. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion, so no 
environmental assessment or environmental impact statement is required.

[[Page 26210]]

J. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the Consumer Product Safety 
Act (CPSA)]'' 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. Section 26(c) 
of the CPSA also provides that states or political subdivisions of 
states may apply to the Commission for an exemption from this 
preemption under certain circumstances.
    The Danny Keysar Child Product Safety Notification Act (at section 
104(b)(1)(B) of the CPSIA) refers to the rules to be issued under that 
section as ``consumer product safety standards,'' thus, implying that 
the preemptive effect of section 26(a) of the CPSA would apply. 
Therefore, a rule issued under section 104 of the CPSIA will invoke the 
preemptive effect of section 26(a) of the CPSA when it becomes 
effective.

K. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standard organization revises a standard upon which a 
consumer product safety standard issued under the Danny Keysar Child 
Product Safety Notification Act was based, the revision becomes the 
CPSC standard within 180 days of 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. The Commission has not set a different effective date. Thus, 
in accordance with this provision, this rule takes effect 180 days 
after we received notification from ASTM of revisions to these 
standards. As discussed in the preceding section, this is a direct 
final rule. Unless we receive a significant adverse comment within 30 
days, the rule will become effective on September 10, 2018.

List of Subjects in 16 CFR Part 1220

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Law enforcement, Safety, Toys.

    For the reasons stated above, the Commission amends title 16 CFR 
chapter II as follows:

PART 1220--SAFETY STANDARD FOR NON-FULL-SIZE BABY CRIBS

0
1. The authority citation for part 1220 is revised to read as follows:

    Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14, 
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


0
2. Revise Sec.  1220.2 to read as follows:


Sec.  1220.2  Requirements for non-full-size baby cribs.

    (a) Except as provided in paragraph (b) of this section, each non-
full-size baby crib shall comply with all applicable provisions of ASTM 
F406-17, Standard Consumer Safety Specification for Non-Full-Size Baby 
Cribs/Play Yards, approved December 1, 2017. The Director of the 
Federal Register approves the incorporation by reference listed in this 
section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain a copy of this ASTM standard from ASTM International, 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; 
phone: 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/cfr/ibr-locations.html.
    (b) Comply with the ASTM F406-17 standard with the following 
exclusions:
    (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
17.
    (2) Do not comply with section 5.16.2 of ASTM F406-17.
    (3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
17.
    (4) Do not comply with section 7, Performance Requirements for 
Mesh/Fabric Products of ASTM F406-17.
    (5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
17.
    (6) Do not comply with sections 8.12 through 8.12.2.2. of ASTM 
F406-17.
    (7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
17.
    (8) Do not comply with sections 8.15 through 8.15.3.3. of ASTM 
F406-17.
    (9) Do not comply with section 8.16 through 8.16.3 of ASTM F406-17.
    (10) Do not comply with sections 8.28 through 8.28.4 of ASTM F406-
17.
    (11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
17.
    (12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
17.
    (13) Do not comply with section 8.31 through 8.31.9 of ASTM F406-
17.
    (14) Do not comply with section 9.3.2 through 9.3.2.4 of ASTM F406-
17.

Alberta E Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2018-12021 Filed 6-5-18; 8:45 am]
BILLING CODE 6355-01-P
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