Revisions to Safety Standards for Non-Full-Size Baby Cribs and Play Yards, 56684-56689 [2019-23088]
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Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Rules and Regulations
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[FR Doc. 2019–23076 Filed 10–22–19; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1220 and 1221
[Docket No. CPSC–2019–0025]
Revisions to Safety Standards for NonFull-Size Baby Cribs and Play Yards
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Consumer Product
Safety Commission (CPSC) previously
published consumer product safety
standards for non-full-size baby cribs
(NFS cribs) and play yards under
section 104 of the Consumer Product
Safety Improvement Act of 2008
(CPSIA). The standards incorporated by
reference the ASTM voluntary standard
for NFS cribs and play yards, with
modifications. ASTM recently revised
the voluntary standard for NFS cribs
and play yards. The CPSIA provides a
process for when a voluntary standards
organization updates a standard that the
Commission incorporated by reference
in a section 104 rule. Consistent with
that process, this direct final rule revises
the mandatory standards for NFS cribs
and play yards to incorporate by
reference the updated version of the
ASTM standard.
DATES: The rule is effective on January
20, 2020, unless CPSC receives a
significant adverse comment by
November 22, 2019. If CPSC receives
such a comment, it will publish a notice
in the Federal Register, withdrawing
this direct final rule before its effective
date. The incorporation by reference of
the publication listed in this rule is
approved by the Director of the Federal
Register as of January 20, 2020.
SUMMARY:
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You may submit comments,
identified by Docket No. CPSC–2019–
0025, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at:
www.regulations.gov. Follow the
instructions for submitting comments
provided on the website. To ensure
timely processing of comments, please
submit all electronic comments through
www.regulations.gov, rather than by
email to CPSC.
Written Submissions: Submit written
comments by mail, hand delivery, or
courier to: U.S. Consumer Product
Safety Commission, Division of the
Secretariat, Room 820, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions must
include the agency name and docket
number for this notice. 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
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If
furnished at all, submit such
information by mail, hand delivery, or
courier.
Docket: For access to the docket to
read background documents or
comments, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2019–0025, into
the ‘‘Search’’ box, and follow the
prompts.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Justin Jirgl, Compliance Officer, U.S.
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814; email: jjirgl@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background and Statutory Authority
1. Initial Mandatory Standards for
Durable Infant or Toddler Products
Section 104 of the CPSIA (Pub. L.
110–314, 122 Stat. 3016) requires the
Commission to assess the effectiveness
of voluntary standards for durable infant
or toddler products 1 and adopt
mandatory standards for these products.
15 U.S.C. 2056a(b)(1). The mandatory
standard must be ‘‘substantially the
same as’’ the voluntary standard, or may
be ‘‘more stringent than’’ the voluntary
standard, if the Commission determines
that more stringent requirements would
1 The statute lists NFS cribs and play yards as
durable infant or toddler products. 15 U.S.C.
2056a(f)(2).
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further reduce the risk of injury
associated with the product. Id.
Under this authority, the Commission
adopted mandatory standards for NFS
cribs and play yards in 16 CFR parts
1220 and 1221, respectively. The
Commission defines NFS cribs and play
yards in 16 CFR 1220.1(c). In general, a
NFS crib is ‘‘a bed that is designed to
provide sleeping accommodations for an
infant’’ that meets specified
dimensions.2 A play yard is a framed
enclosure that includes a floor and mesh
or fabric sides in which children sleep
or play.3 The Commission’s mandatory
standards incorporated by reference
ASTM F406, Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards (ASTM F406), which
is the voluntary standard for NFS cribs
and play yards. The Commission issued
separate rules for NFS cribs and play
yards, although they are covered by the
same voluntary standard, because
section 104(c) of the CPSIA includes
unique provisions for rules regarding
cribs (both full-size and NFS cribs),
applying initial crib standards to more
parties than are ordinarily subject to
section 104 rules.4 15 U.S.C.
2056a(c)(1), (2).
2 16 CFR 1220.1(c)(1) defines a NFS crib as ‘‘a bed
that is: (i) Designed to provide sleeping
accommodations for an infant; (ii) Intended for use
in or around the home, for travel, in a child care
facility, in a family child care home, in a place of
public accommodation affecting commerce and
other purposes; (iii) Has an interior length
dimension either greater than 139.7 cm (55 in.) or
smaller than 126.3 cm (493⁄4 in.), or, an interior
width dimension either greater than 77.7 cm (305⁄8
in.) or smaller than 64.3 cm (253⁄8 in.), or both . . .
(v) Does not include mesh/net/screen cribs,
nonrigidly constructed baby cribs, cradles (both
rocker and pendulum types), car beds, baby baskets,
and bassinets (also known as junior cribs).’’ It
further states that NFS cribs include, but are not
limited to, portable cribs, crib pens, specialty cribs,
undersize cribs, and oversize cribs, which the
regulation also defines.
3 16 CFR 1220.1(c)(2) defines a play yard as ‘‘a
framed enclosure that includes a floor and has mesh
or fabric sided panels primarily intended to provide
a play or sleeping environment for children. It may
fold for storage or travel.’’
4 Section 104(c) of the CPSIA requires more
parties to comply with standards for cribs that the
Commission adopts under section 104(b) than other
durable infant or toddler product standards.
Specifically, section 104(c) prohibits the following
parties from manufacturing, selling, contracting to
sell or resell, leasing, subletting, offering, providing
for use, or otherwise placing in the stream of
commerce a crib that is not in compliance with a
standard promulgated under section 104(b):
‘‘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
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The Commission’s standard for NFS
cribs initially incorporated by reference
ASTM F406–10a, with modifications. 75
FR 81766 (Dec. 28, 2010). When ASTM
later updated its standard, issuing
ASTM F406–17, the Commission
updated the mandatory standard to
incorporate by reference this revised
edition, with modifications. 83 FR
26206 (June 6, 2018). The mandatory
standard for NFS cribs does not apply
to play yards, and excludes the
provisions in ASTM F406 that only
relate to play yards.
The Commission’s standard for play
yards initially incorporated by reference
ASTM F406–12a, with modifications. 77
FR 52220 (Aug. 29, 2012). When ASTM
later updated its standard, issuing
ASTM F406–13, the Commission
updated the mandatory standard to
incorporate by reference this revised
edition, with modifications. 78 FR
50328 (Aug. 19, 2013). The mandatory
standard for play yards does not apply
to NFS cribs, and excludes the
provisions in ASTM F406 that only
relate to NFS cribs.
2. Revisions to Section 104 Rules
The CPSIA specifies the process for
when a voluntary standards
organization revises a standard that the
Commission incorporated by reference
in a section 104 rule. First, the
voluntary standards organization must
notify the Commission of the revision.
Once the Commission receives this
notification, ‘‘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.’’ 15 U.S.C.
2056a(b)(4)(B).
As noted above, section 104(c) of the
CPSIA includes unique provisions for
to the phrase ‘not owned by the Federal
Government’).’’ 15 U.S.C. 2056a(c)(1), (2).
Congress effectively limited this expanded
application of crib standards to only initial 104
rules for cribs when it amended the CPSIA in 2011.
The amendment added section 104(c)(3), which
addresses revisions to crib standards, and allows
the expanded application stated in section 104(c)(1)
and (2) to apply to revisions to crib standards only
in certain circumstances. 15 U.S.C. 2056a(c)(3);
Public Law 112–28, 125 Stat. 273 (Aug. 12, 2011).
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rules regarding cribs. Under sections
104(c)(1) and (2), standards the
Commission adopts for cribs under
section 104(b) of the CPSIA apply to
more parties than are ordinarily subject
to section 104 rules.5 15 U.S.C.
2056a(c)(1), (2). However, this expanded
application does not apply to revisions
to the Commission’s crib standards
unless certain circumstances apply.6 Id.
2056a(c)(3). Section 104(c)(3) states that
when the Commission revises a crib
standard that it adopted under section
104(b), the revised mandatory standard
applies to crib manufacturers and
importers (rather than the expanded list
of parties that are subject to initial crib
standards in section 104(c)(1) and (2)).
Id. However, the Commission may
apply revised crib standards to other
parties in the expanded list if it
determines that it is ‘‘necessary to
protect against an unreasonable risk to
health or safety.’’ Id. If the Commission
applies the standard to additional
parties, it must provide at least 12
months for parties to comply. Id.
ASTM notified the Commission on
July 24, 2019 that it had updated the
NFS cribs and play yards standard,
issuing ASTM F406–19.7 As this
preamble discusses, the revisions
regarding NFS cribs are neutral on
safety and the revisions regarding play
yards improve or are neutral on safety.
Accordingly, the Commission is not
making the determination that ‘‘the
proposed revision does not improve the
safety of the consumer product.’’ The
Commission also is not specifying a
later effective date than that provided in
the statute. Therefore, under the CPSIA,
ASTM F406–19 will become the
mandatory standard for NFS cribs and
play yards effective January 20, 2020,
180 days after CPSC received ASTM’s
notice.
In addition, the Commission is not
making the determination that applying
the revised standard for NFS cribs to
additional parties is ‘‘necessary to
protect against an unreasonable risk to
health or safety.’’ Therefore, the revised
mandatory standard for NFS cribs will
apply to parties that manufacture or
import cribs, and not the additional
parties listed in section 104(c)(1) and (2)
of the CPSIA.
5 See
footnote 4, above.
6 Congress amended the CPSIA in 2011, adding
section 104(c)(3) to address revisions to crib
standards, which effectively made the expanded
application of crib standards only applicable to the
Commission’s initial 104 rules for cribs. 15 U.S.C.
2056a(c)(3); Public Law 112–28, 125 Stat. 273 (Aug.
12, 2011).
7 ASTM approved ASTM F406–19 on March 15,
2019, and published it in May 2019.
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56685
B. Revised ASTM Standard
The ASTM standard for NFS cribs and
play yards includes performance
requirements and test methods, as well
as requirements for warning labels and
instructional literature, to address
hazards to children associated with NFS
cribs and play yards.
As described below, the revisions in
ASTM F406–19 regarding NFS cribs
provide additional detail and clarity,
and are neutral on safety, as compared
to 16 CFR part 1220. Similarly, the
revisions in ASTM F406–19 regarding
play yards provide revised and
additional requirements that improve
the safety of play yards or are neutral on
safety, as compared to 16 CFR part 1221.
For this reason, the Commission
concludes that the revised standard for
NFS cribs maintains the level of safety
that the existing regulation provides,
and the revised standard for play yards,
overall, improves the level of safety that
the existing regulation provides.
Because the Commission declines to
determine that the revised standard
‘‘does not improve the safety’’ of NFS
cribs or play yards, the revised ASTM
standard will become CPSC’s new
standards for these products.
The following sections discuss the
revised portions of the ASTM standard
and compare them with the existing
requirements in 16 CFR parts 1220 and
1221.
1. Revisions Regarding NFS Cribs
The existing mandatory standard for
NFS cribs requires compliance with
ASTM F406–17, with modifications to
exclude several sections of ASTM F406–
17 from the mandatory standard. The
excluded sections (which address
scissoring, shearing, and pinching;
bassinet and cradle accessories; and
other requirements) are only relevant to
play yards. The revised mandatory
standard in 16 CFR part 1220 excludes
the same requirements.8
The only substantive difference
between the requirements for NFS cribs
in ASTM F406–19 and ASTM F406–17
is that ASTM F406–19 includes a
revised toehold provision in the
construction and finishing requirements
for NFS cribs (section 6.6.3). ASTM
F406–19 also includes an editorial
revision (section 6.9 9) that does not
8 Nearly all of the excluded requirements are in
the same sections in ASTM F406–19 as they were
in ASTM F406–17, with one exception.
Specifically, the requirements that were in sections
8.28 to 8.28.4 in ASTM F406–17 are in sections 8.28
to 8.28.3.2 in ASTM F406–19. Accordingly, the
Commission is updating the sections referenced in
16 CFR part 1220.
9 Section 6.9 states the rationale for the
requirement in section 6.8 that specifies the order
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alter the substantive requirements for
NFS cribs or affect safety.
Section 6.6.3 prohibits the ends and
sides of NFS cribs from having surfaces
that can serve as toeholds for a child
inside the crib, and specifies the
dimensions and location of prohibited
toeholds. This requirement aims to
reduce the risk of children climbing out
of NFS cribs by reducing the surfaces
children can use as a foothold to boost
themselves over the rail of a crib. In
ASTM F406–17, this provision specified
the upper height limit of prohibited
toeholds, but did not specify a lower
bound; ASTM F406–19 adds a lower
bound of 1 inch. CPSC staff believes that
this lower bound is reasonable in light
of the lower bound for toeholds
specified in the standard for full-size
baby cribs, and because it will provide
greater clarity for test laboratories to
conduct consistent testing for this
requirement. Staff believes that this
revision is neutral on safety, when
compared to the existing standard in 16
CFR part 1220.
2. Revisions Regarding Play Yards
The existing mandatory standard for
play yards requires compliance with
ASTM F406–13, with modifications.
The modifications exclude from the
mandatory standard the sections of
ASTM F406–13 that address
requirements for NFS cribs. In addition,
the mandatory standard modifies
section 9.4.2.10 of the voluntary
standard. Section 9.4.2.10 requires a
warning on products with a separate
mattress that is not permanently fixed in
place to state: ‘‘Use ONLY mattress/pad
provided by manufacturer,’’ along with
the minimum length, width, and
thickness of the mattress. The
mandatory standard specifies that play
yards that meet the criteria in section
9.4.2.10 must bear only the warning
statement (not the permissible mattress
dimensions). The revised mandatory
standard in 16 CFR part 1221 includes
the same exclusions and
modifications.10
The substantive differences between
the requirements for play yards in
ASTM F406–19 and ASTM F406–13 are
as follows:
• Revised and additional
requirements to ensure that provisions
regarding entrapment in accessories to
in which certain performance testing must occur.
The editorial revision in section 6.9 of ASTM F406–
19 simply corrects a typo, by replacing ‘‘the’’ with
‘‘be’’ in the phrase the ‘‘assembly most likely to be
affected.’’
10 All of the excluded and modified requirements
are in the same sections in ASTM F406–19 as they
were in ASTM F406–13. Accordingly, the sections
referenced in 16 CFR part 1221 remain the same.
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play yards address cantilevered
accessories;
• clarification of where to place a
stability testing device;
• a modified mattress vertical
displacement test, and an accompanying
definition for ‘‘mattress support
surface’’; and
• an alternate on-product warning
label for cribs intended for use in child
care facilities.
These revisions are discussed below.
ASTM F406–19 also includes editorial
revisions that do not alter the
substantive requirements for play yards
or affect safety.11
Cantilevered accessories. ASTM
F406–19 includes a definition of
cantilevered accessories (section 3.1.4),
as well as revised provisions (section
5.15 and 8.26) to address these
accessories. ASTM F406–13 included
section 5.15 and 8.26, which address
entrapment in accessories, but did not
explicitly apply these requirements to
cantilevered accessories, address how to
assess openings in them, or define the
term. CPSC staff believes that these
modifications improve the safety of play
yards, when compared to the existing
standard in 16 CFR part 1221, by
ensuring the standard assesses
entrapment hazards in cantilevered
accessories.
Stability testing. Section 8.17 in
ASTM F406–13 provides a test for
assessing the stability of products. In
ASTM F406–19, this section remains
the same, except with slight wording
modifications to provide clarity to test
technicians about where, precisely, to
place the stability test device. CPSC staff
believes that this modification is neutral
on safety, when compared to the
existing standard in 16 CFR part 1221.
Mattress vertical displacement test.
Section 8.28 in ASTM F406–13 provides
a mattress vertical displacement test.
Section 8.28 in ASTM F406–19 includes
the same test, but with slight wording
modifications, and includes an
additional test. In ASTM F406–19, the
original mattress vertical displacement
test is referred to as the ‘‘primary test,’’
and the wording of the test procedure
replaces ‘‘record’’ with ‘‘measure,’’ and
replaces ‘‘repeat this test at the other
corners’’ with ‘‘repeat this test with the
clamp relocated to the other corners.’’
CPSC staff believes that these wording
changes more precisely describe how to
conduct the test, which reduces
variations in testing, and is neutral on
11 Examples of editorial revisions in ASTM F406–
19 include a precautionary caveat in section 1.5
about the safety concerns the standard addresses, as
well as explanatory notes or statements to clarify or
explain existing requirements.
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safety when compared to the existing
standard in 16 CFR part 1221.
In addition, ASTM F406–19 includes
a new ‘‘secondary test’’ to perform if any
corner or location does not meet the
standard using the primary test. The
secondary test applies the same force in
the same manner as the primary test,
and uses the same criteria for passing
(less than 5.25 inch displacement), but
measures displacement from different
points. While the primary test measures
displacement from ‘‘the reference point
on the clamp relative to the fixed
reference point,’’ the secondary test
measures displacement from ‘‘the
bottom surface of the mattress just
beneath the clamp attachment and the
mattress support surface.’’ As the
rationale in Note 17 in the standard
explains, although the primary test
works well for products with a tubular
floor support structure, it does not work
as well for ‘‘products that sit directly on
the floor and do not have a tubular floor
support structure.’’ The secondary test
addresses these products. CPSC staff
believes that the secondary test is
neutral on safety, when compared to the
existing standard in 16 CFR part 1221.
Related to the revisions to mattress
vertical displacement testing, ASTM
F406–19 also includes a new definition
and note. Section 3.1.15 of ASTM F406–
19 defines ‘‘mattress support surface,’’
which is relevant to the secondary test
described above. Section 7.9.1.2, Note 7
explains the rationale for elements of
the mattress vertical displacement test,
including the displacement limit, which
approximately corresponds with a 6month old child’s head for purposes of
assessing entrapment hazards. CPSC
staff believes that these revisions are
neutral on safety, when compared to the
existing standard in 16 CFR part 1221.
Warning statements. Section 9.4.2.11
in ASTM F406–13 requires on-product
warning statements to address the
following: ‘‘Always provide the
supervision necessary for the continued
safety of your child. When used for
playing, never leave child unattended.’’
ASTM F406–19 includes the same
requirement, but allows products that
are intended for use in child care
facilitates to display either the above
warning statement or a warning that
‘‘child in crib must be under
supervision at all times.’’ 12 CPSC staff
12 Note that although the alternative warning
statement uses the word ‘‘crib,’’ the requirement
applies to all products covered by the standard,
which includes both NFS cribs and play yards. This
preamble does not list this revision as a change to
the NFS cribs standard because the existing NFS
cribs standard incorporated by reference a newer
version of ASTM F406, which already included this
alternative warning statement.
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believes that, although the warning
statement required in ASTM F406–13
was sufficient, the alternative statement
may be appropriate for child care
facilities, where continued supervision
is necessary and expected.
C. Direct Final Rule Process
In this notice, the Commission is
updating the version of the ASTM
standard incorporated by reference in 16
CFR parts 1220 and 1221 to reflect the
revised standard that takes effect by
operation of law under the CPSIA. 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, the APA provides an
exception to this when an agency ‘‘for
good cause finds’’ that notice and
comment is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Id. 553(b), (c).
When the Commission updates a
reference to an ASTM standard that the
Commission has incorporated by
reference into a rule under section 104
of the CPSIA, notice and the
opportunity to comment is unnecessary.
This is because, under the terms of the
CPSIA, such an update automatically
becomes CPSC’s mandatory standard,
unless the Commission takes action to
prevent it. 15 U.S.C. 2056a(b)(4)(B).
With respect to ASTM F406–19, the
Commission is not taking action to
prevent it from becoming the new
mandatory standard for NFS cribs and
play yards. Therefore, the revised ASTM
standard will become CPSC’s standard
by operation of law. Public comments
would not influence the substantive
changes to the standard or the effect of
the revised standard under section 104
of the CPSIA. Therefore, notice and
comment are unnecessary.
The purpose of this direct final rule
is to update the edition of the standard
the regulations reference, so that they
accurately reflect the standard in effect
under the statute. The Administrative
Conference of the United States (ACUS)
recommends that agencies use direct
final rulemaking when the
‘‘unnecessary’’ prong of the good cause
exemption in the APA applies. 60 FR
43108, 43111 (Aug. 18, 1995). With a
direct final rule, the rule takes effect on
the stated effective date, unless the
agency receives an adverse comment
within a specified time. This allows the
agency to expedite noncontroversial
rules, while still allowing for public
comment. Id. at 43111. A direct final
rule is appropriate here because the
Commission believes this rule is
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noncontroversial and will not elicit
significant adverse comments.
Unless CPSC receives a significant
adverse comment within 30 days of this
notice, the rule will become effective on
January 20, 2020. Consistent 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 would be ineffective or
unacceptable without change.’’ Id. at
43111.
If the Commission receives a
significant adverse comment, it will
publish a notice withdrawing this direct
final rule before the effective date.
Depending on the comment and other
relevant considerations, the
Commission may address the adverse
comment in a subsequent direct final
rule, or publish a notice of proposed
rulemaking, providing an opportunity
for public comments.
D. Incorporation by Reference
Sections 1220.2 and 1221.2 of the
direct final rule incorporate by reference
ASTM F406–19. The Office of the
Federal Register (OFR) has regulations
regarding incorporation by reference. 1
CFR part 51. These regulations require
the preamble to a final rule to
summarize the material and discuss the
ways in which the material the agency
incorporates by reference is reasonably
available to interested parties, and how
interested parties can obtain the
material. 1 CFR 51.5(b).
In accordance with the OFR
regulations, B. Revised ASTM Standard
of this preamble summarizes the major
provisions of ASTM F406–19 that the
Commission incorporates by reference
into 16 CFR parts 1220 and 1221.
Interested parties may obtain a copy of
ASTM F406–19 from ASTM, through its
website (https://www.astm.org), or by
mail from ASTM International, 100 Barr
Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959.
Alternatively, interested parties may
inspect a copy of the standard at CPSC’s
Division of the Secretariat, U.S.
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814, telephone (301)
504–7923.
E. Certification
The Consumer Product Safety Act
(CPSA; 15 U.S.C. 2051–2089) requires
manufacturers of products that are
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
PO 00000
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56687
Commission, to certify that the product
complies with all applicable CPSC
requirements. 15 U.S.C. 2063(a). For
children’s products, the manufacturer
must base this certification 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. Id.
2063(a)(2). These testing and
certification requirements apply to
products for which the Commission
issues rules under CPSIA section 104,
because they are consumer product
safety standards. See id. 2056a(b).
Because NFS cribs and play yards are
children’s products, a CPSC-accepted
third party conformity assessment body
must test samples of these products.
These products also must comply with
all other applicable CPSC requirements,
such as the lead content requirements in
section 101 of the CPSIA,13 the
phthalates prohibitions in section 108 of
the CPSIA,14 the tracking label
requirements in section 14(a)(5) of the
CPSA,15 and the consumer registration
form requirements in section 104(d) of
the CPSIA.16
F. Notice of Requirements
As discussed above, an accredited
third party conformity assessment body
must test children’s products that are
subject to a children’s product safety
rule for compliance with the applicable
rule. 15 U.S.C. 2063(a)(2). The
Commission must publish a notice of
requirements (NOR) for third party
conformity assessment bodies to obtain
accreditation to assess conformity with
a children’s product safety rule. Id.
2063(a)(3)(A).
As the CPSA requires, the
Commission published NORs for
accreditation of third party conformity
assessment bodies for testing NFS cribs
and play yards. 15 U.S.C.
2063(a)(3)(B)(ii), (vi); 78 FR 15836 (Mar.
12, 2013) (adopting 16 CFR
1112.15(b)(6) and (7), codifying NORs
for NFS cribs and play yards,
respectively). The NORs provided the
criteria and process for CPSC to accept
accreditation of third party conformity
assessment bodies for testing NFS cribs
to 16 CFR part 1220 and play yards to
16 CFR part 1221. The NORs are listed
in the Commission’s rule,
‘‘Requirements Pertaining to Third Party
Conformity Assessment Bodies’’ in 16
CFR part 1112.
The revised provisions in ASTM
F406–19 do not require any significant
13 15
U.S.C. 1278a.
U.S.C. 2057c.
15 15 U.S.C. 2063(a)(5).
16 15 U.S.C. 2056a(d).
14 15
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Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Rules and Regulations
changes in the test methods or tools that
third party conformity assessment
bodies use to assess NFS cribs or play
yards for compliance with the
mandatory standards. Accordingly,
laboratories that have demonstrated
competence for testing in accordance
with ASTM F406–17 for NFS cribs and
ASTM F406–13 for play yards would
have the competence to test in
accordance with the revised mandatory
standards. Laboratories will begin
testing to the new standards when
ASTM F406–19 goes into effect for NFS
cribs and play yards, and the existing
accreditations that the Commission has
accepted for testing to these standards
will cover testing to the revised
standards. Therefore, the existing NORs
for these standards will remain in place,
and CPSC-accepted third party
conformity assessment bodies will need
to update the scope of their
accreditations to reflect the revised
standards in the normal course of
renewing their accreditations.
G. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA;
5 U.S.C. 601–612) requires agencies to
consider the potential economic impact
of a proposed and final rule on small
entities, including small businesses, and
prepare regulatory flexibility analyses. 5
U.S.C. 603, 604. The RFA applies when
an agency is required to publish notice
of a rulemaking. Id. As discussed in C.
Direct Final Rule Process of this
preamble, the Commission has
determined that notice and the
opportunity to comment are
unnecessary for this rule, and therefore,
the Commission is not required to
publish notice of this rulemaking
because it falls under the good cause
exception in the APA. Id. 553(b).
Accordingly, the RFA does not apply to
this rulemaking. Nevertheless, we note
that this rule will have minimal
economic impacts because it
incorporates by reference a standard
that is largely consistent with the
existing mandatory requirements.
H. Paperwork Reduction Act
The current mandatory standards for
NFS cribs and play yards include
requirements for labeling and
instructional literature that constitute a
‘‘collection of information,’’ as defined
in the Paperwork Reduction Act (PRA;
44 U.S.C. 3501–3521). The revised
mandatory standards do not
substantively alter these requirements.
The Commission took the steps required
by the PRA for information collections
when it adopted 16 CFR parts 1220 and
1221, including obtaining approval and
a control number. Because the
VerDate Sep<11>2014
16:04 Oct 22, 2019
Jkt 250001
information collection is unchanged, the
revision does not affect the information
collection requirements or approval
related to the standard.
I. The Congressional Review Act
The Congressional Review Act (CRA;
5 U.S.C. 801–808) states that, before a
rule may take effect, the agency issuing
the rule must submit the rule, and
certain related information, to each
House of Congress and the Comptroller
General. 5 U.S.C. 801(a)(1). The
submission must indicate whether the
rule is a ‘‘major rule.’’ The CRA states
that the Office of Information and
Regulatory Affairs (OIRA) determines
whether a rule qualifies as a ‘‘major
rule.’’
Pursuant to the CRA, OIRA
designated this rule as not a ‘‘major
rule,’’ as defined in 5 U.S.C. 804(2). In
addition, to comply with the CRA,
CPSC’s Office of the General Counsel
will submit the required information to
each House of Congress and the
Comptroller General.
J. Environmental Considerations
CPSC’s regulations list categories of
agency actions that ‘‘normally have little
or no potential for affecting the human
environment.’’ 16 CFR 1021.5(c). Such
actions qualify as ‘‘categorical
exclusions’’ under the National
Environmental Policy Act (42 U.S.C.
4321–4370m-12), which do not require
an environmental assessment or
environmental impact statement. One
categorical exclusion listed in CPSC’s
regulations is for rules or safety
standards that ‘‘provide design or
performance requirements for
products.’’ 16 CFR 1021.5(c)(1). This
rule falls within the categorical
exclusion, so no environmental
assessment or environmental impact
statement is required.
K. Preemption
Under the CPSA, no state or political
subdivision of a state may establish or
continue in effect a requirement dealing
with the same risk of injury as a Federal
consumer product safety standard under
the CPSA unless the state requirement
is identical to the Federal standard. 15
U.S.C. 2075(a). However, states or
political subdivisions of states may
apply to CPSC for an exemption,
allowing them to establish or continue
such a requirement if the state
requirement ‘‘provides a significantly
higher degree of protection from [the]
risk of injury’’ and ‘‘does not unduly
burden interstate commerce.’’ Id.
2075(c).
Section 104 of the CPSIA refers to the
rules issued under that section as
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Fmt 4700
Sfmt 4700
‘‘consumer product safety standards,’’
and states that a revised standard ‘‘is
considered a consumer product safety
standard issued by the Commission
under section 9’’ of the CPSA. 15 U.S.C.
2056a(b)(1), (b)(4)(B). Accordingly,
consumer product safety standards that
the Commission creates or revises under
CPSIA section 104 preempt state and
local requirements in accordance with
the preemption provisions in the CPSA.
L. Effective Date
When a voluntary standards
organization revises a standard that the
Commission adopted as a mandatory
standard under section 104 of the
CPSIA, the revised standard
automatically becomes the new
mandatory standard effective 180 days
after the Commission receives
notification. 15 U.S.C. 2056a(b)(4)(B).
The Commission may prevent this
automatic effective date by either
publishing notice of a later effective
date, or rejecting the revision. Id.
The Commission is taking neither of
those actions with respect to the
standards for NFS cribs and play yards.
The Commission believes that the
statutory effective date is reasonable
because it provides sufficient time for
firms to make necessary modifications
within the usual timeframe provided for
children’s product rules. ASTM
approved ASTM F406–19 on March 15,
2019 and published it in May 2019,
more than 6 months before the statutory
effective date. Juvenile product
manufacturers are accustomed to
adjusting to new voluntary standards
within this timeframe because it is
consistent with other CPSIA section 104
rules, which generally provide 6-month
effective dates, and the Juvenile
Products Manufacturers Association
typically allows 6 months for products
in its certification program to shift to a
new standard. Therefore, ASTM F406–
19 automatically will take effect as the
new mandatory standard for NFS cribs
and play yards on January 20, 2020, 180
days after the Commission received
notice of the revision on July 24, 2019.
As a direct final rule, unless the
Commission receives a significant
adverse comment within 30 days of this
notice and publishes a notice
withdrawing this rule by the effective
date, the rule will become effective on
January 20, 2020.
List of Subjects
16 CFR Part 1220
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
Safety, and Toys.
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Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Rules and Regulations
16 CFR Part 1221
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
Safety, and Toys.
For the reasons discussed in the
preamble, the Commission amends 16
CFR chapter II as follows:
PART 1220—SAFETY STANDARD FOR
NON-FULL-SIZE BABY CRIBS
(10) Do not comply with sections 8.28
through 8.28.3.2 of ASTM F406–19.
(11) Do not comply with sections 8.29
through 8.29.3 of ASTM F406–19.
(12) Do not comply with sections 8.30
through 8.30.5 of ASTM F406–19.
(13) Do not comply with sections 8.31
through 8.31.9 of ASTM F406–19.
(14) Do not comply with sections
9.3.2 through 9.3.2.4 of ASTM F406–19.
PART 1221—SAFETY STANDARD FOR
PLAY YARDS
1. Revise the authority citation for part
1220 to read as follows:
■
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a); Sec. 3, Pub. L.
112–28, 125 Stat. 273.
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a).
■
■
2. Revise § 1220.2 to read as follows:
■
§ 1220.2 Requirements for non-full-size
baby cribs.
16:04 Oct 22, 2019
Jkt 250001
4. Revise § 1221.1 to read as follows:
§ 1221.1
(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–
19, Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards, approved March 15,
2019. 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, PO
Box C700, West Conshohocken, PA
19428–2959; www.astm.org. You may
inspect a copy at the Division of the
Secretariat, 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 fedreg.legal@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) Comply with the ASTM F406–19
standard with the following exclusions:
(1) Do not comply with sections 5.6.2
through 5.6.2.4 of ASTM F406–19.
(2) Do not comply with section 5.16.2
of ASTM F406–19.
(3) Do not comply with sections 5.19
through 5.19.2.2 of ASTM F406–19.
(4) Do not comply with section 7,
Performance Requirements for Mesh/
Fabric Products, of ASTM F406–19.
(5) Do not comply with sections 8.11
through 8.11.2.4 of ASTM F406–19.
(6) Do not comply with sections 8.12
through 8.12.2.2 of ASTM F406–19.
(7) Do not comply with sections 8.14
through 8.14.2 of ASTM F406–19.
(8) Do not comply with sections 8.15
through 8.15.3.3 of ASTM F406–19.
(9) Do not comply with section 8.16
through 8.16.3 of ASTM F406–19.
VerDate Sep<11>2014
3. The authority citation for part 1221
is revised to read as follows:
Scope.
This part establishes a consumer
product safety standard for play yards
manufactured or imported on or after
January 20, 2020.
■ 5. Revise § 1221.2 to read as follows:
§ 1221.2
Requirements for play yards.
(a) Except as provided in paragraph
(b) of this section, each play yard must
comply with all applicable provisions of
ASTM F406–19, Standard Consumer
Safety Specification for Non-Full-Size
Baby Cribs/Play Yards, approved on
March 15, 2019. 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 of
this ASTM standard from ASTM
International, 100 Barr Harbor Drive, PO
Box C700, West Conshohocken, PA
19428–2959; www.astm.org. You may
inspect a copy at the Division of the
Secretariat, 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 fedreg.legal@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) Comply with the ASTM F406–19
standard with the following exclusions:
(1) Do not comply with section 5.17
of ASTM F406–19.
(2) Do not comply with section 5.20
of ASTM F406–19.
(3) Do not comply with section 6,
Performance Requirements for Rigid
Sided Products, of ASTM F406–19.
(4) Do not comply with sections 8.1
through 8.10.5 of ASTM F406–19.
(5) Instead of complying with section
9.4.2.10 of ASTM F406–19, comply only
with the following:
(i) 9.4.2.10 For products that have a
separate mattress that is not
PO 00000
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56689
permanently fixed in place: Use ONLY
mattress/pad provided by manufacturer.
(ii) [Reserved]
(6) Do not comply with section
10.1.1.1 of ASTM F406–19.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2019–23088 Filed 10–22–19; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–035–FOR; Docket ID: OSM–
2013–0009; S1D1S SS08011000 SX064A000
201S180110; S2D2S SS08011000
SX064A000 20XS501520]
Montana Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving an amendment
to the Montana regulatory program (the
Montana program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Montana
proposed revisions and additions to the
Montana statute, known as the Montana
Code Annotated (MCA) about permit
application requirements, coal
prospecting requirements, annual
reporting requirements for coal
permittees, and lawsuits related to
damages to water supplies. Montana
also proposed to revise its regulations,
the Administrative Rules of Montana
(ARM), to incorporate changes about a
new short form coal prospecting permit
process.
DATES: The effective date is November
22, 2019.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Chief, Denver Field
Division, Telephone: (307) 261–6550.
Email address: jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background on the Montana Program
II. Submission of the Proposed Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Statutory and Executive Order Reviews
I. Background on the Montana Program
Section 503(a) of the Act permits a
state to assume primacy for the
regulation of surface coal mining and
E:\FR\FM\23OCR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Rules and Regulations]
[Pages 56684-56689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23088]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1220 and 1221
[Docket No. CPSC-2019-0025]
Revisions to Safety Standards for Non-Full-Size Baby Cribs and
Play Yards
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) previously
published consumer product safety standards for non-full-size baby
cribs (NFS cribs) and play yards under section 104 of the Consumer
Product Safety Improvement Act of 2008 (CPSIA). The standards
incorporated by reference the ASTM voluntary standard for NFS cribs and
play yards, with modifications. ASTM recently revised the voluntary
standard for NFS cribs and play yards. The CPSIA provides a process for
when a voluntary standards organization updates a standard that the
Commission incorporated by reference in a section 104 rule. Consistent
with that process, this direct final rule revises the mandatory
standards for NFS cribs and play yards to incorporate by reference the
updated version of the ASTM standard.
DATES: The rule is effective on January 20, 2020, unless CPSC receives
a significant adverse comment by November 22, 2019. If CPSC receives
such a comment, it will publish a notice in the Federal Register,
withdrawing this direct final rule before its effective date. The
incorporation by reference of the publication listed in this rule is
approved by the Director of the Federal Register as of January 20,
2020.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2019-
0025, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments provided on the website. To ensure timely
processing of comments, please submit all electronic comments through
www.regulations.gov, rather than by email to CPSC.
Written Submissions: Submit written comments by mail, hand
delivery, or courier to: U.S. Consumer Product Safety Commission,
Division of the Secretariat, Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions must include the agency name and
docket number for this notice. 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 confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to the public. If furnished at all, submit such information
by mail, hand delivery, or courier.
Docket: For access to the docket to read background documents or
comments, go to: https://www.regulations.gov, and insert the docket
number, CPSC-2019-0025, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, U.S.
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814; email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background and Statutory Authority
1. Initial Mandatory Standards for Durable Infant or Toddler Products
Section 104 of the CPSIA (Pub. L. 110-314, 122 Stat. 3016) requires
the Commission to assess the effectiveness of voluntary standards for
durable infant or toddler products \1\ and adopt mandatory standards
for these products. 15 U.S.C. 2056a(b)(1). The mandatory standard must
be ``substantially the same as'' the voluntary standard, or 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.
---------------------------------------------------------------------------
\1\ The statute lists NFS cribs and play yards as durable infant
or toddler products. 15 U.S.C. 2056a(f)(2).
---------------------------------------------------------------------------
Under this authority, the Commission adopted mandatory standards
for NFS cribs and play yards in 16 CFR parts 1220 and 1221,
respectively. The Commission defines NFS cribs and play yards in 16 CFR
1220.1(c). In general, a NFS crib is ``a bed that is designed to
provide sleeping accommodations for an infant'' that meets specified
dimensions.\2\ A play yard is a framed enclosure that includes a floor
and mesh or fabric sides in which children sleep or play.\3\ The
Commission's mandatory standards incorporated by reference ASTM F406,
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards (ASTM F406), which is the voluntary standard for NFS cribs
and play yards. The Commission issued separate rules for NFS cribs and
play yards, although they are covered by the same voluntary standard,
because section 104(c) of the CPSIA includes unique provisions for
rules regarding cribs (both full-size and NFS cribs), applying initial
crib standards to more parties than are ordinarily subject to section
104 rules.\4\ 15 U.S.C. 2056a(c)(1), (2).
---------------------------------------------------------------------------
\2\ 16 CFR 1220.1(c)(1) defines a NFS crib as ``a bed that is:
(i) Designed to provide sleeping accommodations for an infant; (ii)
Intended for use in or around the home, for travel, in a child care
facility, in a family child care home, in a place of public
accommodation affecting commerce and other purposes; (iii) Has an
interior length dimension either greater than 139.7 cm (55 in.) or
smaller than 126.3 cm (49\3/4\ in.), or, an interior width dimension
either greater than 77.7 cm (30\5/8\ in.) or smaller than 64.3 cm
(25\3/8\ in.), or both . . . (v) Does not include mesh/net/screen
cribs, nonrigidly constructed baby cribs, cradles (both rocker and
pendulum types), car beds, baby baskets, and bassinets (also known
as junior cribs).'' It further states that NFS cribs include, but
are not limited to, portable cribs, crib pens, specialty cribs,
undersize cribs, and oversize cribs, which the regulation also
defines.
\3\ 16 CFR 1220.1(c)(2) defines a play yard as ``a framed
enclosure that includes a floor and has mesh or fabric sided panels
primarily intended to provide a play or sleeping environment for
children. It may fold for storage or travel.''
\4\ Section 104(c) of the CPSIA requires more parties to comply
with standards for cribs that the Commission adopts under section
104(b) than other durable infant or toddler product standards.
Specifically, section 104(c) prohibits the following parties from
manufacturing, selling, contracting to sell or resell, leasing,
subletting, offering, providing for use, or otherwise placing in the
stream of commerce a crib that is not in compliance with a standard
promulgated under section 104(b):
``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').'' 15 U.S.C. 2056a(c)(1), (2).
Congress effectively limited this expanded application of crib
standards to only initial 104 rules for cribs when it amended the
CPSIA in 2011. The amendment added section 104(c)(3), which
addresses revisions to crib standards, and allows the expanded
application stated in section 104(c)(1) and (2) to apply to
revisions to crib standards only in certain circumstances. 15 U.S.C.
2056a(c)(3); Public Law 112-28, 125 Stat. 273 (Aug. 12, 2011).
---------------------------------------------------------------------------
[[Page 56685]]
The Commission's standard for NFS cribs initially incorporated by
reference ASTM F406-10a, with modifications. 75 FR 81766 (Dec. 28,
2010). When ASTM later updated its standard, issuing ASTM F406-17, the
Commission updated the mandatory standard to incorporate by reference
this revised edition, with modifications. 83 FR 26206 (June 6, 2018).
The mandatory standard for NFS cribs does not apply to play yards, and
excludes the provisions in ASTM F406 that only relate to play yards.
The Commission's standard for play yards initially incorporated by
reference ASTM F406-12a, with modifications. 77 FR 52220 (Aug. 29,
2012). When ASTM later updated its standard, issuing ASTM F406-13, the
Commission updated the mandatory standard to incorporate by reference
this revised edition, with modifications. 78 FR 50328 (Aug. 19, 2013).
The mandatory standard for play yards does not apply to NFS cribs, and
excludes the provisions in ASTM F406 that only relate to NFS cribs.
2. Revisions to Section 104 Rules
The CPSIA specifies the process for when a voluntary standards
organization revises a standard that the Commission incorporated by
reference in a section 104 rule. First, the voluntary standards
organization must notify the Commission of the revision. Once the
Commission receives this notification, ``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.'' 15 U.S.C.
2056a(b)(4)(B).
As noted above, section 104(c) of the CPSIA includes unique
provisions for rules regarding cribs. Under sections 104(c)(1) and (2),
standards the Commission adopts for cribs under section 104(b) of the
CPSIA apply to more parties than are ordinarily subject to section 104
rules.\5\ 15 U.S.C. 2056a(c)(1), (2). However, this expanded
application does not apply to revisions to the Commission's crib
standards unless certain circumstances apply.\6\ Id. 2056a(c)(3).
Section 104(c)(3) states that when the Commission revises a crib
standard that it adopted under section 104(b), the revised mandatory
standard applies to crib manufacturers and importers (rather than the
expanded list of parties that are subject to initial crib standards in
section 104(c)(1) and (2)). Id. However, the Commission may apply
revised crib standards to other parties in the expanded list if it
determines that it is ``necessary to protect against an unreasonable
risk to health or safety.'' Id. If the Commission applies the standard
to additional parties, it must provide at least 12 months for parties
to comply. Id.
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\5\ See footnote 4, above.
\6\ Congress amended the CPSIA in 2011, adding section 104(c)(3)
to address revisions to crib standards, which effectively made the
expanded application of crib standards only applicable to the
Commission's initial 104 rules for cribs. 15 U.S.C. 2056a(c)(3);
Public Law 112-28, 125 Stat. 273 (Aug. 12, 2011).
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ASTM notified the Commission on July 24, 2019 that it had updated
the NFS cribs and play yards standard, issuing ASTM F406-19.\7\ As this
preamble discusses, the revisions regarding NFS cribs are neutral on
safety and the revisions regarding play yards improve or are neutral on
safety. Accordingly, the Commission is not making the determination
that ``the proposed revision does not improve the safety of the
consumer product.'' The Commission also is not specifying a later
effective date than that provided in the statute. Therefore, under the
CPSIA, ASTM F406-19 will become the mandatory standard for NFS cribs
and play yards effective January 20, 2020, 180 days after CPSC received
ASTM's notice.
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\7\ ASTM approved ASTM F406-19 on March 15, 2019, and published
it in May 2019.
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In addition, the Commission is not making the determination that
applying the revised standard for NFS cribs to additional parties is
``necessary to protect against an unreasonable risk to health or
safety.'' Therefore, the revised mandatory standard for NFS cribs will
apply to parties that manufacture or import cribs, and not the
additional parties listed in section 104(c)(1) and (2) of the CPSIA.
B. Revised ASTM Standard
The ASTM standard for NFS cribs and play yards includes performance
requirements and test methods, as well as requirements for warning
labels and instructional literature, to address hazards to children
associated with NFS cribs and play yards.
As described below, the revisions in ASTM F406-19 regarding NFS
cribs provide additional detail and clarity, and are neutral on safety,
as compared to 16 CFR part 1220. Similarly, the revisions in ASTM F406-
19 regarding play yards provide revised and additional requirements
that improve the safety of play yards or are neutral on safety, as
compared to 16 CFR part 1221. For this reason, the Commission concludes
that the revised standard for NFS cribs maintains the level of safety
that the existing regulation provides, and the revised standard for
play yards, overall, improves the level of safety that the existing
regulation provides. Because the Commission declines to determine that
the revised standard ``does not improve the safety'' of NFS cribs or
play yards, the revised ASTM standard will become CPSC's new standards
for these products.
The following sections discuss the revised portions of the ASTM
standard and compare them with the existing requirements in 16 CFR
parts 1220 and 1221.
1. Revisions Regarding NFS Cribs
The existing mandatory standard for NFS cribs requires compliance
with ASTM F406-17, with modifications to exclude several sections of
ASTM F406-17 from the mandatory standard. The excluded sections (which
address scissoring, shearing, and pinching; bassinet and cradle
accessories; and other requirements) are only relevant to play yards.
The revised mandatory standard in 16 CFR part 1220 excludes the same
requirements.\8\
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\8\ Nearly all of the excluded requirements are in the same
sections in ASTM F406-19 as they were in ASTM F406-17, with one
exception. Specifically, the requirements that were in sections 8.28
to 8.28.4 in ASTM F406-17 are in sections 8.28 to 8.28.3.2 in ASTM
F406-19. Accordingly, the Commission is updating the sections
referenced in 16 CFR part 1220.
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The only substantive difference between the requirements for NFS
cribs in ASTM F406-19 and ASTM F406-17 is that ASTM F406-19 includes a
revised toehold provision in the construction and finishing
requirements for NFS cribs (section 6.6.3). ASTM F406-19 also includes
an editorial revision (section 6.9 \9\) that does not
[[Page 56686]]
alter the substantive requirements for NFS cribs or affect safety.
---------------------------------------------------------------------------
\9\ Section 6.9 states the rationale for the requirement in
section 6.8 that specifies the order in which certain performance
testing must occur. The editorial revision in section 6.9 of ASTM
F406-19 simply corrects a typo, by replacing ``the'' with ``be'' in
the phrase the ``assembly most likely to be affected.''
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Section 6.6.3 prohibits the ends and sides of NFS cribs from having
surfaces that can serve as toeholds for a child inside the crib, and
specifies the dimensions and location of prohibited toeholds. This
requirement aims to reduce the risk of children climbing out of NFS
cribs by reducing the surfaces children can use as a foothold to boost
themselves over the rail of a crib. In ASTM F406-17, this provision
specified the upper height limit of prohibited toeholds, but did not
specify a lower bound; ASTM F406-19 adds a lower bound of 1 inch. CPSC
staff believes that this lower bound is reasonable in light of the
lower bound for toeholds specified in the standard for full-size baby
cribs, and because it will provide greater clarity for test
laboratories to conduct consistent testing for this requirement. Staff
believes that this revision is neutral on safety, when compared to the
existing standard in 16 CFR part 1220.
2. Revisions Regarding Play Yards
The existing mandatory standard for play yards requires compliance
with ASTM F406-13, with modifications. The modifications exclude from
the mandatory standard the sections of ASTM F406-13 that address
requirements for NFS cribs. In addition, the mandatory standard
modifies section 9.4.2.10 of the voluntary standard. Section 9.4.2.10
requires a warning on products with a separate mattress that is not
permanently fixed in place to state: ``Use ONLY mattress/pad provided
by manufacturer,'' along with the minimum length, width, and thickness
of the mattress. The mandatory standard specifies that play yards that
meet the criteria in section 9.4.2.10 must bear only the warning
statement (not the permissible mattress dimensions). The revised
mandatory standard in 16 CFR part 1221 includes the same exclusions and
modifications.\10\
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\10\ All of the excluded and modified requirements are in the
same sections in ASTM F406-19 as they were in ASTM F406-13.
Accordingly, the sections referenced in 16 CFR part 1221 remain the
same.
---------------------------------------------------------------------------
The substantive differences between the requirements for play yards
in ASTM F406-19 and ASTM F406-13 are as follows:
Revised and additional requirements to ensure that
provisions regarding entrapment in accessories to play yards address
cantilevered accessories;
clarification of where to place a stability testing
device;
a modified mattress vertical displacement test, and an
accompanying definition for ``mattress support surface''; and
an alternate on-product warning label for cribs intended
for use in child care facilities.
These revisions are discussed below. ASTM F406-19 also includes
editorial revisions that do not alter the substantive requirements for
play yards or affect safety.\11\
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\11\ Examples of editorial revisions in ASTM F406-19 include a
precautionary caveat in section 1.5 about the safety concerns the
standard addresses, as well as explanatory notes or statements to
clarify or explain existing requirements.
---------------------------------------------------------------------------
Cantilevered accessories. ASTM F406-19 includes a definition of
cantilevered accessories (section 3.1.4), as well as revised provisions
(section 5.15 and 8.26) to address these accessories. ASTM F406-13
included section 5.15 and 8.26, which address entrapment in
accessories, but did not explicitly apply these requirements to
cantilevered accessories, address how to assess openings in them, or
define the term. CPSC staff believes that these modifications improve
the safety of play yards, when compared to the existing standard in 16
CFR part 1221, by ensuring the standard assesses entrapment hazards in
cantilevered accessories.
Stability testing. Section 8.17 in ASTM F406-13 provides a test for
assessing the stability of products. In ASTM F406-19, this section
remains the same, except with slight wording modifications to provide
clarity to test technicians about where, precisely, to place the
stability test device. CPSC staff believes that this modification is
neutral on safety, when compared to the existing standard in 16 CFR
part 1221.
Mattress vertical displacement test. Section 8.28 in ASTM F406-13
provides a mattress vertical displacement test. Section 8.28 in ASTM
F406-19 includes the same test, but with slight wording modifications,
and includes an additional test. In ASTM F406-19, the original mattress
vertical displacement test is referred to as the ``primary test,'' and
the wording of the test procedure replaces ``record'' with ``measure,''
and replaces ``repeat this test at the other corners'' with ``repeat
this test with the clamp relocated to the other corners.'' CPSC staff
believes that these wording changes more precisely describe how to
conduct the test, which reduces variations in testing, and is neutral
on safety when compared to the existing standard in 16 CFR part 1221.
In addition, ASTM F406-19 includes a new ``secondary test'' to
perform if any corner or location does not meet the standard using the
primary test. The secondary test applies the same force in the same
manner as the primary test, and uses the same criteria for passing
(less than 5.25 inch displacement), but measures displacement from
different points. While the primary test measures displacement from
``the reference point on the clamp relative to the fixed reference
point,'' the secondary test measures displacement from ``the bottom
surface of the mattress just beneath the clamp attachment and the
mattress support surface.'' As the rationale in Note 17 in the standard
explains, although the primary test works well for products with a
tubular floor support structure, it does not work as well for
``products that sit directly on the floor and do not have a tubular
floor support structure.'' The secondary test addresses these products.
CPSC staff believes that the secondary test is neutral on safety, when
compared to the existing standard in 16 CFR part 1221.
Related to the revisions to mattress vertical displacement testing,
ASTM F406-19 also includes a new definition and note. Section 3.1.15 of
ASTM F406-19 defines ``mattress support surface,'' which is relevant to
the secondary test described above. Section 7.9.1.2, Note 7 explains
the rationale for elements of the mattress vertical displacement test,
including the displacement limit, which approximately corresponds with
a 6-month old child's head for purposes of assessing entrapment
hazards. CPSC staff believes that these revisions are neutral on
safety, when compared to the existing standard in 16 CFR part 1221.
Warning statements. Section 9.4.2.11 in ASTM F406-13 requires on-
product warning statements to address the following: ``Always provide
the supervision necessary for the continued safety of your child. When
used for playing, never leave child unattended.'' ASTM F406-19 includes
the same requirement, but allows products that are intended for use in
child care facilitates to display either the above warning statement or
a warning that ``child in crib must be under supervision at all
times.'' \12\ CPSC staff
[[Page 56687]]
believes that, although the warning statement required in ASTM F406-13
was sufficient, the alternative statement may be appropriate for child
care facilities, where continued supervision is necessary and expected.
---------------------------------------------------------------------------
\12\ Note that although the alternative warning statement uses
the word ``crib,'' the requirement applies to all products covered
by the standard, which includes both NFS cribs and play yards. This
preamble does not list this revision as a change to the NFS cribs
standard because the existing NFS cribs standard incorporated by
reference a newer version of ASTM F406, which already included this
alternative warning statement.
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C. Direct Final Rule Process
In this notice, the Commission is updating the version of the ASTM
standard incorporated by reference in 16 CFR parts 1220 and 1221 to
reflect the revised standard that takes effect by operation of law
under the CPSIA. 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, the APA provides
an exception to this when an agency ``for good cause finds'' that
notice and comment is ``impracticable, unnecessary, or contrary to the
public interest.'' Id. 553(b), (c).
When the Commission updates a reference to an ASTM standard that
the Commission has incorporated by reference into a rule under section
104 of the CPSIA, notice and the opportunity to comment is unnecessary.
This is because, under the terms of the CPSIA, such an update
automatically becomes CPSC's mandatory standard, unless the Commission
takes action to prevent it. 15 U.S.C. 2056a(b)(4)(B). With respect to
ASTM F406-19, the Commission is not taking action to prevent it from
becoming the new mandatory standard for NFS cribs and play yards.
Therefore, the revised ASTM standard will become CPSC's standard by
operation of law. Public comments would not influence the substantive
changes to the standard or the effect of the revised standard under
section 104 of the CPSIA. Therefore, notice and comment are
unnecessary.
The purpose of this direct final rule is to update the edition of
the standard the regulations reference, so that they accurately reflect
the standard in effect under the statute. The Administrative Conference
of the United States (ACUS) recommends that agencies use direct final
rulemaking when the ``unnecessary'' prong of the good cause exemption
in the APA applies. 60 FR 43108, 43111 (Aug. 18, 1995). With a direct
final rule, the rule takes effect on the stated effective date, unless
the agency receives an adverse comment within a specified time. This
allows the agency to expedite noncontroversial rules, while still
allowing for public comment. Id. at 43111. A direct final rule is
appropriate here because the Commission believes this rule is
noncontroversial and will not elicit significant adverse comments.
Unless CPSC receives a significant adverse comment within 30 days
of this notice, the rule will become effective on January 20, 2020.
Consistent 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 would be ineffective or unacceptable
without change.'' Id. at 43111.
If the Commission receives a significant adverse comment, it will
publish a notice withdrawing this direct final rule before the
effective date. Depending on the comment and other relevant
considerations, the Commission may address the adverse comment in a
subsequent direct final rule, or publish a notice of proposed
rulemaking, providing an opportunity for public comments.
D. Incorporation by Reference
Sections 1220.2 and 1221.2 of the direct final rule incorporate by
reference ASTM F406-19. The Office of the Federal Register (OFR) has
regulations regarding incorporation by reference. 1 CFR part 51. These
regulations require the preamble to a final rule to summarize the
material and discuss the ways in which the material the agency
incorporates by reference is reasonably available to interested
parties, and how interested parties can obtain the material. 1 CFR
51.5(b).
In accordance with the OFR regulations, B. Revised ASTM Standard of
this preamble summarizes the major provisions of ASTM F406-19 that the
Commission incorporates by reference into 16 CFR parts 1220 and 1221.
Interested parties may obtain a copy of ASTM F406-19 from ASTM, through
its website (https://www.astm.org), or by mail from ASTM International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
Alternatively, interested parties may inspect a copy of the standard at
CPSC's Division of the Secretariat, U.S. Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814,
telephone (301) 504-7923.
E. Certification
The Consumer Product Safety Act (CPSA; 15 U.S.C. 2051-2089)
requires manufacturers of products that are 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 product complies with all applicable CPSC
requirements. 15 U.S.C. 2063(a). For children's products, the
manufacturer must base this certification 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.
Id. 2063(a)(2). These testing and certification requirements apply to
products for which the Commission issues rules under CPSIA section 104,
because they are consumer product safety standards. See id. 2056a(b).
Because NFS cribs and play yards are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
these products. These products also must comply with all other
applicable CPSC requirements, such as the lead content requirements in
section 101 of the CPSIA,\13\ the phthalates prohibitions in section
108 of the CPSIA,\14\ the tracking label requirements in section
14(a)(5) of the CPSA,\15\ and the consumer registration form
requirements in section 104(d) of the CPSIA.\16\
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\13\ 15 U.S.C. 1278a.
\14\ 15 U.S.C. 2057c.
\15\ 15 U.S.C. 2063(a)(5).
\16\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------
F. Notice of Requirements
As discussed above, an accredited third party conformity assessment
body must test children's products that are subject to a children's
product safety rule for compliance with the applicable rule. 15 U.S.C.
2063(a)(2). The Commission must publish a notice of requirements (NOR)
for third party conformity assessment bodies to obtain accreditation to
assess conformity with a children's product safety rule. Id.
2063(a)(3)(A).
As the CPSA requires, the Commission published NORs for
accreditation of third party conformity assessment bodies for testing
NFS cribs and play yards. 15 U.S.C. 2063(a)(3)(B)(ii), (vi); 78 FR
15836 (Mar. 12, 2013) (adopting 16 CFR 1112.15(b)(6) and (7), codifying
NORs for NFS cribs and play yards, respectively). The NORs provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing NFS cribs to 16 CFR part 1220
and play yards to 16 CFR part 1221. The NORs are listed in the
Commission's rule, ``Requirements Pertaining to Third Party Conformity
Assessment Bodies'' in 16 CFR part 1112.
The revised provisions in ASTM F406-19 do not require any
significant
[[Page 56688]]
changes in the test methods or tools that third party conformity
assessment bodies use to assess NFS cribs or play yards for compliance
with the mandatory standards. Accordingly, laboratories that have
demonstrated competence for testing in accordance with ASTM F406-17 for
NFS cribs and ASTM F406-13 for play yards would have the competence to
test in accordance with the revised mandatory standards. Laboratories
will begin testing to the new standards when ASTM F406-19 goes into
effect for NFS cribs and play yards, and the existing accreditations
that the Commission has accepted for testing to these standards will
cover testing to the revised standards. Therefore, the existing NORs
for these standards will remain in place, and CPSC-accepted third party
conformity assessment bodies will need to update the scope of their
accreditations to reflect the revised standards in the normal course of
renewing their accreditations.
G. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) requires
agencies to consider the potential economic impact of a proposed and
final rule on small entities, including small businesses, and prepare
regulatory flexibility analyses. 5 U.S.C. 603, 604. The RFA applies
when an agency is required to publish notice of a rulemaking. Id. As
discussed in C. Direct Final Rule Process of this preamble, the
Commission has determined that notice and the opportunity to comment
are unnecessary for this rule, and therefore, the Commission is not
required to publish notice of this rulemaking because it falls under
the good cause exception in the APA. Id. 553(b). Accordingly, the RFA
does not apply to this rulemaking. Nevertheless, we note that this rule
will have minimal economic impacts because it incorporates by reference
a standard that is largely consistent with the existing mandatory
requirements.
H. Paperwork Reduction Act
The current mandatory standards for NFS cribs and play yards
include requirements for labeling and instructional literature that
constitute a ``collection of information,'' as defined in the Paperwork
Reduction Act (PRA; 44 U.S.C. 3501-3521). The revised mandatory
standards do not substantively alter these requirements. The Commission
took the steps required by the PRA for information collections when it
adopted 16 CFR parts 1220 and 1221, including obtaining approval and a
control number. Because the information collection is unchanged, the
revision does not affect the information collection requirements or
approval related to the standard.
I. The Congressional Review Act
The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule may take effect, the agency issuing the rule must submit
the rule, and certain related information, to each House of Congress
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (OIRA) determines whether
a rule qualifies as a ``major rule.''
Pursuant to the CRA, OIRA designated this rule as not a ``major
rule,'' as defined in 5 U.S.C. 804(2). In addition, to comply with the
CRA, CPSC's Office of the General Counsel will submit the required
information to each House of Congress and the Comptroller General.
J. Environmental Considerations
CPSC's regulations list categories of agency actions that
``normally have little or no potential for affecting the human
environment.'' 16 CFR 1021.5(c). Such actions qualify as ``categorical
exclusions'' under the National Environmental Policy Act (42 U.S.C.
4321-4370m-12), which do not require an environmental assessment or
environmental impact statement. One categorical exclusion listed in
CPSC's regulations is for rules or safety standards that ``provide
design or performance requirements for products.'' 16 CFR 1021.5(c)(1).
This rule falls within the categorical exclusion, so no environmental
assessment or environmental impact statement is required.
K. Preemption
Under the CPSA, no state or political subdivision of a state may
establish or continue in effect a requirement dealing with the same
risk of injury as a Federal consumer product safety standard under the
CPSA unless the state requirement is identical to the Federal standard.
15 U.S.C. 2075(a). However, states or political subdivisions of states
may apply to CPSC for an exemption, allowing them to establish or
continue such a requirement if the state requirement ``provides a
significantly higher degree of protection from [the] risk of injury''
and ``does not unduly burden interstate commerce.'' Id. 2075(c).
Section 104 of the CPSIA refers to the rules issued under that
section as ``consumer product safety standards,'' and states that a
revised standard ``is considered a consumer product safety standard
issued by the Commission under section 9'' of the CPSA. 15 U.S.C.
2056a(b)(1), (b)(4)(B). Accordingly, consumer product safety standards
that the Commission creates or revises under CPSIA section 104 preempt
state and local requirements in accordance with the preemption
provisions in the CPSA.
L. Effective Date
When a voluntary standards organization revises a standard that the
Commission adopted as a mandatory standard under section 104 of the
CPSIA, the revised standard automatically becomes the new mandatory
standard effective 180 days after the Commission receives notification.
15 U.S.C. 2056a(b)(4)(B). The Commission may prevent this automatic
effective date by either publishing notice of a later effective date,
or rejecting the revision. Id.
The Commission is taking neither of those actions with respect to
the standards for NFS cribs and play yards. The Commission believes
that the statutory effective date is reasonable because it provides
sufficient time for firms to make necessary modifications within the
usual timeframe provided for children's product rules. ASTM approved
ASTM F406-19 on March 15, 2019 and published it in May 2019, more than
6 months before the statutory effective date. Juvenile product
manufacturers are accustomed to adjusting to new voluntary standards
within this timeframe because it is consistent with other CPSIA section
104 rules, which generally provide 6-month effective dates, and the
Juvenile Products Manufacturers Association typically allows 6 months
for products in its certification program to shift to a new standard.
Therefore, ASTM F406-19 automatically will take effect as the new
mandatory standard for NFS cribs and play yards on January 20, 2020,
180 days after the Commission received notice of the revision on July
24, 2019.
As a direct final rule, unless the Commission receives a
significant adverse comment within 30 days of this notice and publishes
a notice withdrawing this rule by the effective date, the rule will
become effective on January 20, 2020.
List of Subjects
16 CFR Part 1220
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, Safety, and Toys.
[[Page 56689]]
16 CFR Part 1221
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, Safety, and Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1220--SAFETY STANDARD FOR NON-FULL-SIZE BABY CRIBS
0
1. Revise the authority citation for part 1220 to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C.
2056a); Sec. 3, Pub. L. 112-28, 125 Stat. 273.
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
F406-19, Standard Consumer Safety Specification for Non-Full-Size Baby
Cribs/Play Yards, approved March 15, 2019. 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, PO Box C700, West Conshohocken, PA 19428-2959; www.astm.org. You
may inspect a copy at the Division of the Secretariat, 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:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) Comply with the ASTM F406-19 standard with the following
exclusions:
(1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
19.
(2) Do not comply with section 5.16.2 of ASTM F406-19.
(3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
19.
(4) Do not comply with section 7, Performance Requirements for
Mesh/Fabric Products, of ASTM F406-19.
(5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
19.
(6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
19.
(7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
19.
(8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
19.
(9) Do not comply with section 8.16 through 8.16.3 of ASTM F406-19.
(10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM
F406-19.
(11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
19.
(12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
19.
(13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
19.
(14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM
F406-19.
PART 1221--SAFETY STANDARD FOR PLAY YARDS
0
3. The authority citation for part 1221 is revised to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C.
2056a).
0
4. Revise Sec. 1221.1 to read as follows:
Sec. 1221.1 Scope.
This part establishes a consumer product safety standard for play
yards manufactured or imported on or after January 20, 2020.
0
5. Revise Sec. 1221.2 to read as follows:
Sec. 1221.2 Requirements for play yards.
(a) Except as provided in paragraph (b) of this section, each play
yard must comply with all applicable provisions of ASTM F406-19,
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards, approved on March 15, 2019. 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 of this ASTM
standard from ASTM International, 100 Barr Harbor Drive, PO Box C700,
West Conshohocken, PA 19428-2959; www.astm.org. You may inspect a copy
at the Division of the Secretariat, 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:
www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) Comply with the ASTM F406-19 standard with the following
exclusions:
(1) Do not comply with section 5.17 of ASTM F406-19.
(2) Do not comply with section 5.20 of ASTM F406-19.
(3) Do not comply with section 6, Performance Requirements for
Rigid Sided Products, of ASTM F406-19.
(4) Do not comply with sections 8.1 through 8.10.5 of ASTM F406-19.
(5) Instead of complying with section 9.4.2.10 of ASTM F406-19,
comply only with the following:
(i) 9.4.2.10 For products that have a separate mattress that is not
permanently fixed in place: Use ONLY mattress/pad provided by
manufacturer.
(ii) [Reserved]
(6) Do not comply with section 10.1.1.1 of ASTM F406-19.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-23088 Filed 10-22-19; 8:45 am]
BILLING CODE 6355-01-P
