Safety Standard for Non-Full-Size Baby Cribs, 13686-13691 [2023-04398]

Download as PDF 13686 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations Country License requirement Entity DMT Electronics, a.k.a., the following four aliases: —DMT Electronics, JSC; —DMT Elektroniks AO; —Joint Stock Company DMT Electronics; and —ZAO DMT Elektroniks. Panfilovskiy Prospekt, 10, FL 3 Room 430, Zelenograd, Moscow, Russia, 124460; and 527, 10 Panfilovsky, Zelenograd, Moscow, Russia 124060. * * * TAIWAN ................. * * * * * * Thea D. Rozman Kendler, Assistant Secretary for Export Administration. [FR Doc. 2023–04558 Filed 3–2–23; 4:15 pm] BILLING CODE 3510–33–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1220 [Docket No. CPSC–2019–0025] Safety Standard for Non-Full-Size Baby Cribs Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In December 2010, the U.S. Consumer Product Safety Commission (CPSC or Commission) published a consumer product safety standard for non-full-size baby cribs (NFS cribs) pursuant to section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The Commission’s mandatory standard incorporated by reference the ASTM voluntary standard that was in effect for NFS cribs at the time, with modifications to make the standard more stringent, to further reduce the risk of injury associated with NFS cribs, and to exclude sections of the ASTM voluntary standard inapplicable to NFS cribs. The CPSIA sets forth a process for updating mandatory standards for durable infant or toddler products that are based on a voluntary standard, when a voluntary lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 For all items subject to the EAR. (See §§ 734.9(g),3 746.8(a)(3), and 744.21(b) of the EAR). * * * * * PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 * * * * Policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. See §§ 746.8(b) and 744.21(e). standards organization revises the standard. In November 2022, ASTM published a revised voluntary standard for NFS cribs, and it notified the Commission of this revised standard in December 2022. This direct final rule updates the mandatory standard for NFS cribs to incorporate by reference ASTM’s 2022 version of the voluntary standard for NFS cribs. DATES: The rule is effective on June 3, 2023, unless the Commission receives a significant adverse comment by April 5, 2023. If the Commission receives such a comment, it will publish a document in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of June 3, 2023. ADDRESSES: You can 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: https:// www.regulations.gov. Follow the instructions for submitting comments. CPSC typically does not accept comments submitted by electronic mail (email), except as described below. CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. Mail/Hand Delivery/Courier/ Confidential Written Submissions: Submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 88 FR [INSERT FR PAGE NUMBER] 3/6/23. * * * For all items subject to the EAR. (See §§ 734.9(g),3 746.8(a)(3), and 744.21(b) of the EAR). Federal Register citation Policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. See §§ 746.8(b) and 744.21(e). * * * * Neotec Semiconductor Ltd., a.k.a., the following one alias: —Xinde Technology. 4F–1., No. 32, Taiyuan St., Hsinchu County 302, Zhubei City, Taiwan; and Tai Yuen Industrial Park 32 Tai Yuen St FL 4 No Zhubei, Wallis and Futuna 302, Taiwan; and 4f No. 32 Taiyuan St. Chupei City, 30265, Taiwan. * * License review policy * * 88 FR [INSERT FR PAGE NUMBER] 3/6/23. * 504–7479. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpsc-os@cpsc.gov. Instructions: All submissions must include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https://www.regulations.gov. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information, please submit it according to the instructions for mail/hand delivery/courier/ confidential written submissions. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, and insert the docket number, CPSC–2019–0025, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone 301– 504–6820; email: kwalker@cpsc.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations I. Statutory Authority and Background 1 A. Statutory Section 104(b)(1) of the CPSIA requires the Commission to assess the effectiveness of voluntary standards for durable infant or toddler products 3 and to adopt mandatory standards for these products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be ‘‘substantially the same as’’ the voluntary standard, or it may be ‘‘more stringent than’’ the voluntary standard, if the Commission determines that more stringent requirements would further reduce the risk of injury associated with the product. Id. Section 104(b)(4)(B) of the CPSIA also specifies the process for when a voluntary standards organization revises a standard that the Commission has incorporated by reference under section 104(b)(1). 15 U.S.C. 2056a(b)(4)(B). First, the voluntary standards organization must notify the Commission of its revised voluntary standard. Once the Commission receives that notification, the Commission may reject or accept the revised voluntary standard. The Commission may reject the revised standard by notifying the voluntary standards organization, within 90 days of notification, that it has determined that the revised voluntary standard does not improve the safety of the consumer product covered by the standard, and that the Commission is retaining the existing mandatory standard. If the Commission does not take this action to reject the revised voluntary standard, the revised voluntary standard will be considered a consumer product safety standard issued under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the Commission received notification of the revision (or a later date specified by the Commission in the Federal Register). 15 U.S.C. 2056a(b)(4)(B). Additionally, section 104(c) of the CPSIA contains special provisions for rules regarding cribs, including NFS cribs. Sections 104(c)(1) and (2) make the standards the Commission adopts for cribs under section 104(b) of the CPSIA enforceable against a larger class lotter on DSK11XQN23PROD with RULES1 Authority 2 1 On February 22, 2023, the Commission voted (4–0) to publish this direct final rule. 2 This direct final rule is based on information and analysis contained in the February 15, 2023, Staff Briefing Package: ASTM’s Notice of a Revised Voluntary Standard for Non-Full Size Baby Cribs (16 CFR part 1220), available at: https:// www.cpsc.gov/s3fs-public/ASTMs-Notice-of-aRevised-Voluntary-Standard-for-Non-Full-SizeCribs.pdf?VersionId=tWRFQSh1k.v1WI3fQ KfaQSAunGczu1k. 3 Section 104(f)(2)(A) of the CPSIA lists NFS cribs as a durable infant or toddler product. 15 U.S.C. 2056a(f)(2)(A). VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 of parties than are ordinarily subject to section 104 rules.4 15 U.S.C. 2056a(c)(1), (2). However, Congress later limited this expanded application of crib standards. Section 104(c)(3) of the CPSIA, added in 2011, limits the application of crib rule updates adopted through the section 104 process to manufacturers or importers of cribs, unless the Commission determines that application to any other person described in section 104(c)(2) is ‘‘necessary to protect against an unreasonable risk to health or safety.’’ 15 U.S.C. 2056a(c)(3); Public Law 112– 28, 125 Stat. 273 (Aug. 12, 2011). Based on the lack of incident data related to cords and straps for NFS cribs, as discussed in staff’s briefing package,5 the Commission is not making this determination for the current revision to the NFS cribs rule.6 Accordingly, as specified in CPSIA section 104(c)(3), this direct final rule applies only to persons that manufacture or import cribs. B. Safety Standard for NFS Cribs On December 28, 2010, under section 104 of the CPSIA, the Commission published the first NFS cribs rule that incorporated by reference ASTM F406– 10a, Standard Consumer Safety Specification for Non-Full-Size Cribs/ Play Yards, as the mandatory standard, with modifications to the standard to further reduce the risk of injury. 75 FR 81766, at 81780. That new 16 CFR part 1220 excluded sections of ASTM F406 that apply solely to play yards, which are not covered by part 1220 but are incorporated into a separate rule for play yards, 16 CFR part 1221. Id. Section 1220.1(c)(1) defines a NFS crib as a bed that is: 4 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)(2). 5 See Staff’s Briefing Package at p.6, stating that staff reviewed NFS crib incident data since August 2019 and found no incidents associated with cords or straps. 6 CPSC has twice before updated the NFS cribs rule and likewise did not make this determination in either update. 83 FR 26206 (June 6, 2018); 84 FR 56684 (Oct. 23, 2019). PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 13687 • Designed to provide sleeping accommodations for an infant; • 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; • 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; and • 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). 16 CFR 1220.1(c)(1). The rule further states that NFS cribs include, but are not limited to, portable cribs, crib pens, specialty cribs, undersize cribs, and oversize cribs, as these products are defined in the rule. Id. Generally, the NFS cribs rule applies to rigid-sided cribs, while the play yard rule applies to mesh-sided products. CPSC has twice before updated the NFS cribs rule, adopting ASTM F406– 17 in 2018 (83 FR 26206 (June 6, 2018)), and adopting ASTM F406–19 in 2019 (84 FR 56684 (Oct. 23, 2019)). In both cases, CPSC accepted the revised voluntary standard as the mandatory standard for NFS cribs, and updated the incorporation by reference in 16 CFR part 1220 to reflect the revised voluntary standard. In both cases, CPSC also maintained the exceptions listed in § 1220.2(b), which lists sections of the voluntary standard that solely apply to play yards. On December 5, 2022, ASTM notified the Commission that it had approved and published a newly revised version of the voluntary standard, ASTM F406– 22. On December 15, 2022, the Commission published in the Federal Register a Notice of Availability, requesting comment on whether the revision improves the safety of NFS baby cribs and/or play yards (87 FR 76614). The public comment period closed on December 29, 2022. CPSC received eight comments, four of which, in supporting the revised voluntary standard, discussed the safety of modified requirements for cords and straps that apply to NFS baby cribs; the remaining comments addressed only play yard safety. Per the statute, the revised voluntary standard will take effect as the new mandatory standard for NFS cribs on June 3, 2023, unless the Commission specifies a later date in the Federal Register or notifies ASTM by March 5, 2023, that it has determined the revision does not improve the safety E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations II. Description of ASTM F406–22 Related to NFS Cribs The ASTM standard for NFS cribs includes performance requirements, test NFS cribs and their attaching accessories may feature cords/straps intended for various purposes, such as securing and attaching an accessory to the NFS crib’s frame. Cords or straps, when either connected or entangled together, may form a loop that presents the risk of strangulation around the neck. To reduce this hazard, ASTM F406–19 specifies requirements for accessories, as defined in section 3.1.1 and 3.1.4 of ASTM F406–19,7 that have cords/straps that can form a loop; the perimeter length of these cords/straps is limited to no more than 16.3 inches.8 ASTM F406–22 makes this requirement a general requirement, so that the cord length limit now applies to the whole of in-scope products and not just to the attachment of accessories. ASTM F406– 22 limits the maximum permissible perimeter length of a loop such that the standard small head probe, which is based on the head circumference of a 5th percentile 6-month-old child, cannot fit through the loop, thus preventing a strangulation hazard. This change now makes all cords/straps, whether attached to the NFS crib or to an accessory feature, subject to the loop requirement. ASTM F406–22’s loop requirement also addresses connecting cords/straps, such as shown in Figure 1 below. The limit on cord/strap length is intended to prevent a small infant’s head, represented by the standard small head probe, from fitting through the loop. ASTM F406–19 limits the free length of any single cord/strap attached to the NFS baby crib to no more than 7.4 inches (section 5.13.1 of ASTM F406– 19). Thus, if two straps are attached end-to-end, they cannot form a loop greater than 14.8 inches, which is too small for the standard small head probe. However, products may feature two straps that are attached to the product, separated by a distance L, that can connect to form a loop, as shown in Figure 1. The loop formed by the straps, in addition to the distance L, may exceed the 16.3 inch perimeter length of the standard small head probe. To address the potential for strangulation, ASTM F406–22 states that the length of a loop is in ‘‘conjunction with the product,’’ and measures the perimeter length to include the distance L, as shown in Figure 1. Adjustable straps, buckles, or other hardware can increase the perimeter of a cord or loop. ASTM F406–19 does not specify testing requirements for such hardware. ASTM F406–22 clarifies and improves the test method in section 8.24.1 to measure the free-hanging length of single cords/straps, now stating: ‘‘Using a 3⁄4 in. (19 mm) 7 Examples of NFS baby crib accessories include bassinets or changing tables that attach to the top rail of the frame. 8 ASTM F406–22 defines a ‘‘cord’’ as a length of slender flexible material, including monofilaments, rope, woven and twisted cord, plastic and textile tapes, ribbon, and materials commonly called string. ASTM F406–22 defines a ‘‘strap’’ as a piece of flexible material of which the width is significantly greater than the thickness. lotter on DSK11XQN23PROD with RULES1 of NFS baby cribs. 15 U.S.C. 2056a(b)(4)(B). As explained in section II.A of this preamble, ASTM F406–22 contains two substantive revisions to the voluntary standard that improve the safety of NFS cribs. One modification addresses a strangulation hazard by clarifying the requirements and testing of cords and straps on NFS cribs, and the other modification expands the scope of the voluntary standard to include products that are marketed for play, or sleep, or both. Part II.B of this preamble describes non-substantive clarifications in the revised voluntary standard. Based on staff’s evaluation of ASTM F406–22 and consideration of the public comments, the Commission will allow ASTM F406–22 to become the new consumer product safety standard for NFS baby cribs because it improves safety. ASTM F406–22 will become the mandatory consumer product safety standard for NFS cribs on June 3, 2023. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR part 1220 to incorporate by reference the applicable provisions of the revised voluntary standard, ASTM F406–22, with modifications that maintain the exclusion of requirements that apply solely to play yards. VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 methods, and requirements for warning labels and instructional literature, to address hazards to infants associated with NFS cribs. The December 2022 revision to the voluntary standard, ASTM F406–22, includes substantive and non-substantive revisions, as described in section II.A and B. A. Substantive Changes in ASTM F406– 22 1. Length of Cords/Straps PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\06MRR1.SGM 06MRR1 ER06MR23.010</GPH> 13688 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations diameter clamping surface (Fig. A1.29), gradually apply a 5 lbf (22 N) force to the end of each cord/strap in its fullyextended configuration.’’ Testing a strap to ‘‘its fully-extended configuration’’ ensures that a strap with an adjustable length and a sliding buckle is tested to the strap’s maximum length. The update also adds that any hardware attached to the cords/straps, such as buckles, should be included in the length measurement. Lastly, the update specifies that if multiple cords/straps attach to the product in the same location (i.e., distance L = 0 in Figure 1 above), they should be treated as separate and measured individually. Although staff found no incidents related to cords/straps on NFS cribs, the Commission finds that the updates to the cord/strap requirements in ASTM F406–22 are an improvement in safety. The loop requirement that addresses a strangulation risk, and previously was applicable only to cords/straps attached to accessories in ASTM F406–19, is now a general requirement that applies to all parts of in-scope products. The changes to the free-length measurement test method also improve safety by including adjustable straps, buckles, and other hardware in the length measurement. 2. Scope Section 1.2 of ASTM F406–19 defines the standard’s scope: ‘‘This specification covers a framed enclosure with a floor made for the purpose of providing sleeping and playing accommodations for a child who cannot climb out and is less than 35 in. (890 mm) in height.’’ Based on this scope, products that are intended to be used only for play and not for sleep can be excluded from the requirements of the F406–19 standard, and therefore may be hazardous. To cover these products, ASTM F406–22 revises the phrase ‘‘sleeping and playing accommodations’’ to ‘‘sleeping or playing accommodations, or both.’’ This, for example, prevents manufacturers from attempting to exempt their products from the standard by specifying the product is exclusively intended for play. This change in ASTM F406–22 is an improvement in safety. lotter on DSK11XQN23PROD with RULES1 B. Non-Substantive Changes in ASTM F406–22 1. Accessories Definitions and Entrapment in Accessories Requirements ASTM F406–22 adds multiple definitions for various types of NFS baby crib accessories, including ‘‘play yard/non-full-size crib dependent accessories’’ (section 3.1.23), ‘‘full VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 13689 accessories’’ (section 3.1.23.1), ‘‘full bassinet accessories’’ (section 3.1.23.2), and ‘‘bassinet dependent accessories’’ (section 3.1.23.3).9 ASTM F406–19, in contrast, provides only one general definition for accessories (section 3.1.1). ASTM F406–22 also revises section 5.15 Entrapment in Accessories to clarify the types of accessories to which the requirements apply. In ASTM F406–19, the section 5.15 requirements provided a lengthy description stating that these requirements do not apply to accessories that make the non-full-size crib/play yard unusable when the accessory is assembled.10 ASTM F406– 22 now defines these types of accessories as full accessories (section 3.1.23.1) and removes their description from section 5.15, resulting in a shorter, more concise description. Other than these clarifications, the requirements that address entrapment in accessories remain the same. These changes are safety neutral. a general requirement for cords/straps that can form a loop improves the safety of NFS cribs. The commenters noted that previously the requirement only restricted the free length of stretched cords/straps to no more than 7.4 inches, but the new requirement is an added protection from the risk of cords/straps that can form a loop. Consumer and Hazardous Product Safety Directorate, Health Canada stated in its comments that the cords/straps requirement aligns with Canada’s current regulations for play yards, cribs, cradles, and bassinets. The Commission agrees with the commenters that the addition of a general requirement for cords/straps that can form a loop improves safety. The loop requirement, which was previously only applicable to cords/ straps attached to accessories in ASTM F406–19, is now a general requirement that applies to all parts of in-scope products, reducing the risk of strangulation on cords and straps. 2. Mattress Exception for Products Designed Exclusively for Play ASTM F406–22 moves from a note to a new requirement (section 5.16.1) the language that a mattress is not required to be provided with a product if the product is designed exclusively for play and not for sleep and is intended to be used without a mattress. This change has no effect on safety. D. Assessment of ASTM F406–22 Under CPSIA section 104(b)(4)(B), unless the Commission determines that ASTM’s revision to a voluntary standard that is referenced in a mandatory standard ‘‘does not improve the safety of the consumer product covered by the standard,’’ the revised voluntary standard becomes the new mandatory standard. The Commission concludes that the substantive changes in ASTM F406–22 related to NFS baby cribs improve the safety of NFS cribs. The requirements addressing loops formed by cords and straps, which were previously only applicable to accessories, are now provided as a general requirement that reduces the strangulation hazard for all cords/straps anywhere on the product. Moreover, changes to the scope of the voluntary standard clarify the coverage of applicable provisions of the standard to all NFS cribs. 3. Minor Editorial Changes ASTM F406–22 includes the following editorial changes that have no effect on safety: • In section 8.26, replaces ‘‘play yard’’ and ‘‘non-full-size crib’’ with ‘‘product’’; • Globally changes values given with a tolerance to include units for the nominal value (e.g., 27 ± 2 lbf changed to 27 lbf ± 2 lbf); and • Globally changes two-dimensional measurements to include units for all values (e.g., 2-by-2in. changed to 2-in. by 2-in.). C. Public Comments The Commission requested public comment on how the revisions to ASTM F406–22 affect the safety of NFS cribs. Three commenters (Iron Mountains, Independent Safety Consulting, and the Juvenile Products Manufacturers Association) stated that the addition of 9 ‘‘Full accessories’’ are essentially accessories that fully cover the top opening of the product, ‘‘full bassinet accessories’’ are essentially elevated ‘‘full accessories’’ and ‘‘bassinet dependent accessories’’ are accessories to ‘‘full bassinet accessories.’’ 10 For example, an accessory such as a bassinet that covers the entire opening of the NFS baby crib will make the lower portion of the product unusable when the accessory in installed. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 III. Incorporation by Reference Section 1220.2(a) of the direct final rule incorporates by reference ASTM F406–22. The Office of the Federal Register (OFR) has regulations regarding incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble to a final rule, ways in which the material the agency incorporates by reference is reasonably available to interested parties, and how interested parties can obtain the material. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR regulations, section II of this preamble, Description of ASTM F406–22 Related E:\FR\FM\06MRR1.SGM 06MRR1 13690 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 to NFS Cribs, summarizes the revised provisions of ASTM F406–22 that the Commission incorporates by reference into 16 CFR part 1220. The standard is reasonably available to interested parties in several ways. Until the direct final rule takes effect, a read-only copy of ASTM F406–22 is available for viewing on ASTM’s website at: https:// www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of the standard will be available for viewing on the ASTM website at: https:// www.astm.org/READINGLIBRARY/. Additionally, interested parties can purchase a copy of ASTM F406–22 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832–9585; www.astm.org. Finally, interested parties can schedule an appointment to inspect a copy of the standard at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814, telephone: 301–504–7479; email: cpscos@cpsc.gov. IV. Testing and Certification Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C. 2051–2089) requires manufacturers, including importers, of products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, to certify that the products comply with all applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification must be based on a test of each product, or on a reasonable testing program, or, for children’s products, on tests of a sufficient number of samples by a third party conformity assessment body accredited by CPSC to test according to the applicable requirements. As noted, standards issued under section 104(b)(1)(B) of the CPSIA are ‘‘consumer product safety standards.’’ Thus, they are subject to the testing and certification requirements of section 14 of the CPSA. Additionally, because NFS cribs are children’s products, a CPSC-accepted third party conformity assessment body must test samples of the products for compliance with 16 CFR part 1220. Products subject to part 1220 also must be compliant with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA,11 the phthalates prohibitions in section 108 of the CPSIA 12 and 16 CFR part 1307, the tracking label 11 15 12 15 U.S.C. 1278a. U.S.C. 2057c. VerDate Sep<11>2014 16:15 Mar 03, 2023 requirements in section 14(a)(5) of the CPSA,13 and the consumer registration form requirements in section 104(d) of the CPSIA.14 In accordance with section 14(a)(3)(B)(iv) of the CPSIA, the Commission previously published a notice of requirements (NOR) for accreditation of third party conformity assessment bodies (third party labs) for testing NFS cribs, and codified the requirement at 16 CFR 1112.15(b)(6). The modifications to the straps and cord requirements for NFS cribs in ASTM F406–22 use testing requirements that are substantially the same as existing requirements for cords and straps on accessories. Accordingly, the new cord/strap requirements do not require that labs obtain additional test equipment or new training. The Commission considers third party labs that are currently CPSC-accepted for 16 CFR part 1220 to have demonstrated competence to test NFS cribs to the revised ASTM F406–22, as incorporated into part 1220. Accordingly, the existing accreditations that the Commission has accepted for testing to this standard will cover testing to the revised standard. The existing NOR for the Safety Standard for Non-Full-Size Baby Cribs will remain in place, and CPSCaccepted third party labs are expected to update the scope of their accreditations to reflect the revised NFS cribs standard in the normal course of renewing their accreditations. V. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA; 5 U.S.C. 551–559) generally requires agencies to provide notice of a rule and an opportunity for interested parties to comment on it, section 553 of the APA provides an exception when the agency ‘‘for good cause finds’’ that notice and comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Id. 553(b)(B). The purpose of this direct final rule is to update the reference in the Code of Federal Regulations (CFR) so that it reflects the version of the standard that takes effect by statute. This rule updates the reference in the CFR, but under the terms of the CPSIA, ASTM F406–22 takes effect as the new CPSC standard for NFS cribs, even if the Commission does not issue this rule. Thus, public comments would not lead to substantive changes to the standard or to the effect of the revised standard as a consumer product safety rule under section 104(b) of the CPSIA. Under these 13 15 14 15 Jkt 259001 PO 00000 U.S.C. 2063(a)(5). U.S.C. 2056a(d). Frm 00032 Fmt 4700 Sfmt 4700 circumstances, notice and comment are unnecessary. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorses direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and that are not expected to generate significant adverse comments. See 60 FR 43108 (Aug. 18, 1995). ACUS recommends that agencies use the direct final rule process when they act under the ‘‘unnecessary’’ prong of the good cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule, because CPSC does not expect any significant adverse comments. We note that CPSC did not receive any adverse comments based on the Notice of Availability, as reviewed in section II.C of this preamble. Unless CPSC receives a significant adverse comment within 30 days of this notification, the rule will become effective on June 3, 2023. 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.’’ 60 FR 43108, 43111. As noted, this rule updates a reference in the CFR to reflect a change that occurs by statute. If the Commission receives a significant adverse comment, the Commission will withdraw this direct final rule. Depending on the comment and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule or publish a notice of proposed rulemaking, providing an opportunity for public comment. VI. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA; 5 U.S.C. 601–612) generally requires agencies to review proposed and final rules for their potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603, 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As discussed in section V of this preamble regarding the Direct Final Rule Process, the Commission has determined that notice and the opportunity to comment are unnecessary for this rule. Therefore, the RFA does not apply. The Commission also notes the limited nature of this E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations document, which updates the incorporation by reference to reflect the mandatory CPSC standard that takes effect under section 104 of the CPSIA. VII. Paperwork Reduction Act The current mandatory standard for NFS cribs includes requirements for marking, labeling, and instructional literature that constitute a ‘‘collection of information,’’ as defined in the Paperwork Reduction Act (PRA; 44 U.S.C. 3501–3521). The revised mandatory standard for NFS cribs does not alter these requirements. The Commission took the steps required by the PRA for information collections when it adopted 16 CFR part 1220, 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. VIII. Environmental Considerations The Commission’s regulations provide for a categorical exclusion from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. lotter on DSK11XQN23PROD with RULES1 IX. Preemption Section 26(a) of the CPSA provides that where a consumer product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the Federal standard. 15 U.S.C. 2075(a). Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to CPSC for an exemption from this preemption under certain circumstances. Section 104(b) of the CPSIA deems rules issued under that provision ‘‘consumer product safety standards.’’ Therefore, once a rule issued under section 104 of the CPSIA takes effect, it will preempt in accordance with section 26(a) of the CPSA. X. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when a voluntary standards organization revises a standard that the Commission adopted as a mandatory standard, the VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 revision becomes the CPSC standard 180 days after notification to the Commission, unless the Commission determines that the revision does not improve the safety of the product, or the Commission sets a later date in the Federal Register. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of those actions with respect to the revised standard for NFS cribs. Therefore, ASTM F406–22 automatically will take effect as the new mandatory standard for NFS cribs on June 3, 2023, 180 days after the Commission received notice of the revision. As a direct final rule, unless the Commission receives a significant adverse comment within 30 days of this notice, the rule will become effective on June 3, 2023. XI. 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 CRA 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 has determined that this rule does not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit the required information to each House of Congress and the Comptroller General. List of Subjects in 16 CFR Part 1220 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 1. Revise the authority citation for part 1220 to read as follows: ■ Authority: 15 U.S.C. 2051 Notes; 15 U.S.C. 2056a. ■ 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– 22, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, approved on October PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 13691 1, 2022. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the U.S. Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814, telephone (301) 504–7479, email: cpscos@cpsc.gov. For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ ibr-locations.html. A free, read-only copy of the standard is available for viewing on the ASTM website at https:// www.astm.org/READINGLIBRARY/. You may also obtain a copy from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; phone: (610) 832–9585; www.astm.org. (b) Comply with the ASTM F406–22 standard with the following exclusions: (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406–22. (2) Do not comply with section 5.16.2 through 5.16.2.2 of ASTM F406–22. (3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406–22. (4) Do not comply with section 7, Performance Requirements for Mesh/ Fabric Products, of ASTM F406–22. (5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406–22. (6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406–22. (7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406–22. (8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406–22. (9) Do not comply with section 8.16 through 8.16.3 of ASTM F406–22. (10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM F406–22. (11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406–22. (12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406–22. (13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406–22. (14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM F406–22. Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2023–04398 Filed 3–3–23; 8:45 am] BILLING CODE 6355–01–P E:\FR\FM\06MRR1.SGM 06MRR1

Agencies

[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13686-13691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04398]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1220

[Docket No. CPSC-2019-0025]


Safety Standard for Non-Full-Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In December 2010, the U.S. Consumer Product Safety Commission 
(CPSC or Commission) published a consumer product safety standard for 
non-full-size baby cribs (NFS cribs) pursuant to section 104 of the 
Consumer Product Safety Improvement Act of 2008 (CPSIA). The 
Commission's mandatory standard incorporated by reference the ASTM 
voluntary standard that was in effect for NFS cribs at the time, with 
modifications to make the standard more stringent, to further reduce 
the risk of injury associated with NFS cribs, and to exclude sections 
of the ASTM voluntary standard inapplicable to NFS cribs. The CPSIA 
sets forth a process for updating mandatory standards for durable 
infant or toddler products that are based on a voluntary standard, when 
a voluntary standards organization revises the standard. In November 
2022, ASTM published a revised voluntary standard for NFS cribs, and it 
notified the Commission of this revised standard in December 2022. This 
direct final rule updates the mandatory standard for NFS cribs to 
incorporate by reference ASTM's 2022 version of the voluntary standard 
for NFS cribs.

DATES: The rule is effective on June 3, 2023, unless the Commission 
receives a significant adverse comment by April 5, 2023. If the 
Commission receives such a comment, it will publish a document in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publication 
listed in this rule is approved by the Director of the Federal Register 
as of June 3, 2023.

ADDRESSES: You can 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: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by electronic mail (email), except as described 
below. CPSC encourages you to submit electronic comments by using the 
Federal eRulemaking Portal.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: https://www.regulations.gov. Do not submit 
through this website: confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2019-0025, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone 301-504-6820; email: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 13687]]

I. Statutory Authority and Background 1
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    \1\ On February 22, 2023, the Commission voted (4-0) to publish 
this direct final rule.
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A. Statutory Authority 2
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    \2\ This direct final rule is based on information and analysis 
contained in the February 15, 2023, Staff Briefing Package: ASTM's 
Notice of a Revised Voluntary Standard for Non-Full Size Baby Cribs 
(16 CFR part 1220), available at: https://www.cpsc.gov/s3fs-public/ASTMs-Notice-of-a-Revised-Voluntary-Standard-for-Non-Full-Size-Cribs.pdf?VersionId=tWRFQSh1k.v1WI3fQKfaQSAunGczu1k.
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    Section 104(b)(1) of the CPSIA requires the Commission to assess 
the effectiveness of voluntary standards for durable infant or toddler 
products \3\ and to adopt mandatory standards for these products. 15 
U.S.C. 2056a(b)(1). The mandatory standard must be ``substantially the 
same as'' the voluntary standard, or it may be ``more stringent than'' 
the voluntary standard, if the Commission determines that more 
stringent requirements would further reduce the risk of injury 
associated with the product. Id.
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    \3\ Section 104(f)(2)(A) of the CPSIA lists NFS cribs as a 
durable infant or toddler product. 15 U.S.C. 2056a(f)(2)(A).
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    Section 104(b)(4)(B) of the CPSIA also specifies the process for 
when a voluntary standards organization revises a standard that the 
Commission has incorporated by reference under section 104(b)(1). 15 
U.S.C. 2056a(b)(4)(B). First, the voluntary standards organization must 
notify the Commission of its revised voluntary standard. Once the 
Commission receives that notification, the Commission may reject or 
accept the revised voluntary standard. The Commission may reject the 
revised standard by notifying the voluntary standards organization, 
within 90 days of notification, that it has determined that the revised 
voluntary standard does not improve the safety of the consumer product 
covered by the standard, and that the Commission is retaining the 
existing mandatory standard. If the Commission does not take this 
action to reject the revised voluntary standard, the revised voluntary 
standard will be considered a consumer product safety standard issued 
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
effective 180 days after the Commission received notification of the 
revision (or a later date specified by the Commission in the Federal 
Register). 15 U.S.C. 2056a(b)(4)(B).
    Additionally, section 104(c) of the CPSIA contains special 
provisions for rules regarding cribs, including NFS cribs. Sections 
104(c)(1) and (2) make the standards the Commission adopts for cribs 
under section 104(b) of the CPSIA enforceable against a larger class of 
parties than are ordinarily subject to section 104 rules.\4\ 15 U.S.C. 
2056a(c)(1), (2). However, Congress later limited this expanded 
application of crib standards. Section 104(c)(3) of the CPSIA, added in 
2011, limits the application of crib rule updates adopted through the 
section 104 process to manufacturers or importers of cribs, unless the 
Commission determines that application to any other person described in 
section 104(c)(2) is ``necessary to protect against an unreasonable 
risk to health or safety.'' 15 U.S.C. 2056a(c)(3); Public Law 112-28, 
125 Stat. 273 (Aug. 12, 2011). Based on the lack of incident data 
related to cords and straps for NFS cribs, as discussed in staff's 
briefing package,\5\ the Commission is not making this determination 
for the current revision to the NFS cribs rule.\6\ Accordingly, as 
specified in CPSIA section 104(c)(3), this direct final rule applies 
only to persons that manufacture or import cribs.
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    \4\ 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)(2).
    \5\ See Staff's Briefing Package at p.6, stating that staff 
reviewed NFS crib incident data since August 2019 and found no 
incidents associated with cords or straps.
    \6\ CPSC has twice before updated the NFS cribs rule and 
likewise did not make this determination in either update. 83 FR 
26206 (June 6, 2018); 84 FR 56684 (Oct. 23, 2019).
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B. Safety Standard for NFS Cribs

    On December 28, 2010, under section 104 of the CPSIA, the 
Commission published the first NFS cribs rule that incorporated by 
reference ASTM F406-10a, Standard Consumer Safety Specification for 
Non-Full-Size Cribs/Play Yards, as the mandatory standard, with 
modifications to the standard to further reduce the risk of injury. 75 
FR 81766, at 81780. That new 16 CFR part 1220 excluded sections of ASTM 
F406 that apply solely to play yards, which are not covered by part 
1220 but are incorporated into a separate rule for play yards, 16 CFR 
part 1221. Id.
    Section 1220.1(c)(1) defines a NFS crib as a bed that is:
     Designed to provide sleeping accommodations for an infant;
     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;
     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; and
     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).
    16 CFR 1220.1(c)(1).
    The rule further states that NFS cribs include, but are not limited 
to, portable cribs, crib pens, specialty cribs, undersize cribs, and 
oversize cribs, as these products are defined in the rule. Id. 
Generally, the NFS cribs rule applies to rigid-sided cribs, while the 
play yard rule applies to mesh-sided products.
    CPSC has twice before updated the NFS cribs rule, adopting ASTM 
F406-17 in 2018 (83 FR 26206 (June 6, 2018)), and adopting ASTM F406-19 
in 2019 (84 FR 56684 (Oct. 23, 2019)). In both cases, CPSC accepted the 
revised voluntary standard as the mandatory standard for NFS cribs, and 
updated the incorporation by reference in 16 CFR part 1220 to reflect 
the revised voluntary standard. In both cases, CPSC also maintained the 
exceptions listed in Sec.  1220.2(b), which lists sections of the 
voluntary standard that solely apply to play yards.
    On December 5, 2022, ASTM notified the Commission that it had 
approved and published a newly revised version of the voluntary 
standard, ASTM F406-22. On December 15, 2022, the Commission published 
in the Federal Register a Notice of Availability, requesting comment on 
whether the revision improves the safety of NFS baby cribs and/or play 
yards (87 FR 76614). The public comment period closed on December 29, 
2022. CPSC received eight comments, four of which, in supporting the 
revised voluntary standard, discussed the safety of modified 
requirements for cords and straps that apply to NFS baby cribs; the 
remaining comments addressed only play yard safety. Per the statute, 
the revised voluntary standard will take effect as the new mandatory 
standard for NFS cribs on June 3, 2023, unless the Commission specifies 
a later date in the Federal Register or notifies ASTM by March 5, 2023, 
that it has determined the revision does not improve the safety

[[Page 13688]]

of NFS baby cribs. 15 U.S.C. 2056a(b)(4)(B).
    As explained in section II.A of this preamble, ASTM F406-22 
contains two substantive revisions to the voluntary standard that 
improve the safety of NFS cribs. One modification addresses a 
strangulation hazard by clarifying the requirements and testing of 
cords and straps on NFS cribs, and the other modification expands the 
scope of the voluntary standard to include products that are marketed 
for play, or sleep, or both. Part II.B of this preamble describes non-
substantive clarifications in the revised voluntary standard. Based on 
staff's evaluation of ASTM F406-22 and consideration of the public 
comments, the Commission will allow ASTM F406-22 to become the new 
consumer product safety standard for NFS baby cribs because it improves 
safety. ASTM F406-22 will become the mandatory consumer product safety 
standard for NFS cribs on June 3, 2023. 15 U.S.C. 2056a(b)(4)(B). This 
direct final rule updates 16 CFR part 1220 to incorporate by reference 
the applicable provisions of the revised voluntary standard, ASTM F406-
22, with modifications that maintain the exclusion of requirements that 
apply solely to play yards.

II. Description of ASTM F406-22 Related to NFS Cribs

    The ASTM standard for NFS cribs includes performance requirements, 
test methods, and requirements for warning labels and instructional 
literature, to address hazards to infants associated with NFS cribs. 
The December 2022 revision to the voluntary standard, ASTM F406-22, 
includes substantive and non-substantive revisions, as described in 
section II.A and B.

A. Substantive Changes in ASTM F406-22

1. Length of Cords/Straps
    NFS cribs and their attaching accessories may feature cords/straps 
intended for various purposes, such as securing and attaching an 
accessory to the NFS crib's frame. Cords or straps, when either 
connected or entangled together, may form a loop that presents the risk 
of strangulation around the neck. To reduce this hazard, ASTM F406-19 
specifies requirements for accessories, as defined in section 3.1.1 and 
3.1.4 of ASTM F406-19,\7\ that have cords/straps that can form a loop; 
the perimeter length of these cords/straps is limited to no more than 
16.3 inches.\8\ ASTM F406-22 makes this requirement a general 
requirement, so that the cord length limit now applies to the whole of 
in-scope products and not just to the attachment of accessories. ASTM 
F406-22 limits the maximum permissible perimeter length of a loop such 
that the standard small head probe, which is based on the head 
circumference of a 5th percentile 6-month-old child, cannot fit through 
the loop, thus preventing a strangulation hazard. This change now makes 
all cords/straps, whether attached to the NFS crib or to an accessory 
feature, subject to the loop requirement.
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    \7\ Examples of NFS baby crib accessories include bassinets or 
changing tables that attach to the top rail of the frame.
    \8\ ASTM F406-22 defines a ``cord'' as a length of slender 
flexible material, including monofilaments, rope, woven and twisted 
cord, plastic and textile tapes, ribbon, and materials commonly 
called string. ASTM F406-22 defines a ``strap'' as a piece of 
flexible material of which the width is significantly greater than 
the thickness.
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    ASTM F406-22's loop requirement also addresses connecting cords/
straps, such as shown in Figure 1 below. The limit on cord/strap length 
is intended to prevent a small infant's head, represented by the 
standard small head probe, from fitting through the loop. ASTM F406-19 
limits the free length of any single cord/strap attached to the NFS 
baby crib to no more than 7.4 inches (section 5.13.1 of ASTM F406-19). 
Thus, if two straps are attached end-to-end, they cannot form a loop 
greater than 14.8 inches, which is too small for the standard small 
head probe. However, products may feature two straps that are attached 
to the product, separated by a distance L, that can connect to form a 
loop, as shown in Figure 1. The loop formed by the straps, in addition 
to the distance L, may exceed the 16.3 inch perimeter length of the 
standard small head probe. To address the potential for strangulation, 
ASTM F406-22 states that the length of a loop is in ``conjunction with 
the product,'' and measures the perimeter length to include the 
distance L, as shown in Figure 1.
[GRAPHIC] [TIFF OMITTED] TR06MR23.010

    Adjustable straps, buckles, or other hardware can increase the 
perimeter of a cord or loop. ASTM F406-19 does not specify testing 
requirements for such hardware. ASTM F406-22 clarifies and improves the 
test method in section 8.24.1 to measure the free-hanging length of 
single cords/straps, now stating: ``Using a \3/4\ in. (19 mm)

[[Page 13689]]

diameter clamping surface (Fig. A1.29), gradually apply a 5 lbf (22 N) 
force to the end of each cord/strap in its fully-extended 
configuration.'' Testing a strap to ``its fully-extended 
configuration'' ensures that a strap with an adjustable length and a 
sliding buckle is tested to the strap's maximum length. The update also 
adds that any hardware attached to the cords/straps, such as buckles, 
should be included in the length measurement. Lastly, the update 
specifies that if multiple cords/straps attach to the product in the 
same location (i.e., distance L = 0 in Figure 1 above), they should be 
treated as separate and measured individually.
    Although staff found no incidents related to cords/straps on NFS 
cribs, the Commission finds that the updates to the cord/strap 
requirements in ASTM F406-22 are an improvement in safety. The loop 
requirement that addresses a strangulation risk, and previously was 
applicable only to cords/straps attached to accessories in ASTM F406-
19, is now a general requirement that applies to all parts of in-scope 
products. The changes to the free-length measurement test method also 
improve safety by including adjustable straps, buckles, and other 
hardware in the length measurement.
2. Scope
    Section 1.2 of ASTM F406-19 defines the standard's scope: ``This 
specification covers a framed enclosure with a floor made for the 
purpose of providing sleeping and playing accommodations for a child 
who cannot climb out and is less than 35 in. (890 mm) in height.'' 
Based on this scope, products that are intended to be used only for 
play and not for sleep can be excluded from the requirements of the 
F406-19 standard, and therefore may be hazardous. To cover these 
products, ASTM F406-22 revises the phrase ``sleeping and playing 
accommodations'' to ``sleeping or playing accommodations, or both.'' 
This, for example, prevents manufacturers from attempting to exempt 
their products from the standard by specifying the product is 
exclusively intended for play. This change in ASTM F406-22 is an 
improvement in safety.

B. Non-Substantive Changes in ASTM F406-22

1. Accessories Definitions and Entrapment in Accessories Requirements
    ASTM F406-22 adds multiple definitions for various types of NFS 
baby crib accessories, including ``play yard/non-full-size crib 
dependent accessories'' (section 3.1.23), ``full accessories'' (section 
3.1.23.1), ``full bassinet accessories'' (section 3.1.23.2), and 
``bassinet dependent accessories'' (section 3.1.23.3).\9\ ASTM F406-19, 
in contrast, provides only one general definition for accessories 
(section 3.1.1). ASTM F406-22 also revises section 5.15 Entrapment in 
Accessories to clarify the types of accessories to which the 
requirements apply. In ASTM F406-19, the section 5.15 requirements 
provided a lengthy description stating that these requirements do not 
apply to accessories that make the non-full-size crib/play yard 
unusable when the accessory is assembled.\10\ ASTM F406-22 now defines 
these types of accessories as full accessories (section 3.1.23.1) and 
removes their description from section 5.15, resulting in a shorter, 
more concise description. Other than these clarifications, the 
requirements that address entrapment in accessories remain the same. 
These changes are safety neutral.
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    \9\ ``Full accessories'' are essentially accessories that fully 
cover the top opening of the product, ``full bassinet accessories'' 
are essentially elevated ``full accessories'' and ``bassinet 
dependent accessories'' are accessories to ``full bassinet 
accessories.''
    \10\ For example, an accessory such as a bassinet that covers 
the entire opening of the NFS baby crib will make the lower portion 
of the product unusable when the accessory in installed.
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2. Mattress Exception for Products Designed Exclusively for Play
    ASTM F406-22 moves from a note to a new requirement (section 
5.16.1) the language that a mattress is not required to be provided 
with a product if the product is designed exclusively for play and not 
for sleep and is intended to be used without a mattress. This change 
has no effect on safety.
3. Minor Editorial Changes
    ASTM F406-22 includes the following editorial changes that have no 
effect on safety:
     In section 8.26, replaces ``play yard'' and ``non-full-
size crib'' with ``product'';
     Globally changes values given with a tolerance to include 
units for the nominal value (e.g., 27  2 lbf changed to 27 
lbf  2 lbf); and
     Globally changes two-dimensional measurements to include 
units for all values (e.g., 2-by-2in. changed to 2-in. by 2-in.).

C. Public Comments

    The Commission requested public comment on how the revisions to 
ASTM F406-22 affect the safety of NFS cribs. Three commenters (Iron 
Mountains, Independent Safety Consulting, and the Juvenile Products 
Manufacturers Association) stated that the addition of a general 
requirement for cords/straps that can form a loop improves the safety 
of NFS cribs. The commenters noted that previously the requirement only 
restricted the free length of stretched cords/straps to no more than 
7.4 inches, but the new requirement is an added protection from the 
risk of cords/straps that can form a loop. Consumer and Hazardous 
Product Safety Directorate, Health Canada stated in its comments that 
the cords/straps requirement aligns with Canada's current regulations 
for play yards, cribs, cradles, and bassinets. The Commission agrees 
with the commenters that the addition of a general requirement for 
cords/straps that can form a loop improves safety. The loop 
requirement, which was previously only applicable to cords/straps 
attached to accessories in ASTM F406-19, is now a general requirement 
that applies to all parts of in-scope products, reducing the risk of 
strangulation on cords and straps.

D. Assessment of ASTM F406-22

    Under CPSIA section 104(b)(4)(B), unless the Commission determines 
that ASTM's revision to a voluntary standard that is referenced in a 
mandatory standard ``does not improve the safety of the consumer 
product covered by the standard,'' the revised voluntary standard 
becomes the new mandatory standard. The Commission concludes that the 
substantive changes in ASTM F406-22 related to NFS baby cribs improve 
the safety of NFS cribs. The requirements addressing loops formed by 
cords and straps, which were previously only applicable to accessories, 
are now provided as a general requirement that reduces the 
strangulation hazard for all cords/straps anywhere on the product. 
Moreover, changes to the scope of the voluntary standard clarify the 
coverage of applicable provisions of the standard to all NFS cribs.

III. Incorporation by Reference

    Section 1220.2(a) of the direct final rule incorporates by 
reference ASTM F406-22. The Office of the Federal Register (OFR) has 
regulations regarding incorporation by reference. 1 CFR part 51. Under 
these regulations, agencies must discuss, in the preamble to a final 
rule, ways in which the material the agency incorporates by reference 
is reasonably available to interested parties, and how interested 
parties can obtain the material. In addition, the preamble to the final 
rule must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR regulations, section II of this 
preamble, Description of ASTM F406-22 Related

[[Page 13690]]

to NFS Cribs, summarizes the revised provisions of ASTM F406-22 that 
the Commission incorporates by reference into 16 CFR part 1220. The 
standard is reasonably available to interested parties in several ways. 
Until the direct final rule takes effect, a read-only copy of ASTM 
F406-22 is available for viewing on ASTM's website at: https://www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of 
the standard will be available for viewing on the ASTM website at: 
https://www.astm.org/READINGLIBRARY/. Additionally, interested parties 
can purchase a copy of ASTM F406-22 from ASTM International, 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; 
phone: 610-832-9585; www.astm.org. Finally, interested parties can 
schedule an appointment to inspect a copy of the standard at CPSC's 
Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 
East-West Highway, Bethesda, MD 20814, telephone: 301-504-7479; email: 
[email protected].

IV. Testing and Certification

    Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C. 
2051-2089) requires manufacturers, including importers, of products 
subject to a consumer product safety rule under the CPSA, or to a 
similar rule, ban, standard, or regulation under any other act enforced 
by the Commission, to certify that the products comply with all 
applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification 
must be based on a test of each product, or on a reasonable testing 
program, or, for children's products, on tests of a sufficient number 
of samples by a third party conformity assessment body accredited by 
CPSC to test according to the applicable requirements. As noted, 
standards issued under section 104(b)(1)(B) of the CPSIA are ``consumer 
product safety standards.'' Thus, they are subject to the testing and 
certification requirements of section 14 of the CPSA.
    Additionally, because NFS cribs are children's products, a CPSC-
accepted third party conformity assessment body must test samples of 
the products for compliance with 16 CFR part 1220. Products subject to 
part 1220 also must be compliant with all other applicable CPSC 
requirements, such as the lead content requirements in section 101 of 
the CPSIA,\11\ the phthalates prohibitions in section 108 of the CPSIA 
\12\ and 16 CFR part 1307, the tracking label requirements in section 
14(a)(5) of the CPSA,\13\ and the consumer registration form 
requirements in section 104(d) of the CPSIA.\14\ In accordance with 
section 14(a)(3)(B)(iv) of the CPSIA, the Commission previously 
published a notice of requirements (NOR) for accreditation of third 
party conformity assessment bodies (third party labs) for testing NFS 
cribs, and codified the requirement at 16 CFR 1112.15(b)(6).
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 1278a.
    \12\ 15 U.S.C. 2057c.
    \13\ 15 U.S.C. 2063(a)(5).
    \14\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------

    The modifications to the straps and cord requirements for NFS cribs 
in ASTM F406-22 use testing requirements that are substantially the 
same as existing requirements for cords and straps on accessories. 
Accordingly, the new cord/strap requirements do not require that labs 
obtain additional test equipment or new training. The Commission 
considers third party labs that are currently CPSC-accepted for 16 CFR 
part 1220 to have demonstrated competence to test NFS cribs to the 
revised ASTM F406-22, as incorporated into part 1220. Accordingly, the 
existing accreditations that the Commission has accepted for testing to 
this standard will cover testing to the revised standard. The existing 
NOR for the Safety Standard for Non-Full-Size Baby Cribs will remain in 
place, and CPSC-accepted third party labs are expected to update the 
scope of their accreditations to reflect the revised NFS cribs standard 
in the normal course of renewing their accreditations.

V. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA; 5 U.S.C. 551-559) 
generally requires agencies to provide notice of a rule and an 
opportunity for interested parties to comment on it, section 553 of the 
APA provides an exception when the agency ``for good cause finds'' that 
notice and comment are ``impracticable, unnecessary, or contrary to the 
public interest.'' Id. 553(b)(B).
    The purpose of this direct final rule is to update the reference in 
the Code of Federal Regulations (CFR) so that it reflects the version 
of the standard that takes effect by statute. This rule updates the 
reference in the CFR, but under the terms of the CPSIA, ASTM F406-22 
takes effect as the new CPSC standard for NFS cribs, even if the 
Commission does not issue this rule. Thus, public comments would not 
lead to substantive changes to the standard or to the effect of the 
revised standard as a consumer product safety rule under section 104(b) 
of the CPSIA. Under these circumstances, notice and comment are 
unnecessary.
    In Recommendation 95-4, the Administrative Conference of the United 
States (ACUS) endorses direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and that are not 
expected to generate significant adverse comments. See 60 FR 43108 
(Aug. 18, 1995). ACUS recommends that agencies use the direct final 
rule process when they act under the ``unnecessary'' prong of the good 
cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS 
recommendation, the Commission is publishing this rule as a direct 
final rule, because CPSC does not expect any significant adverse 
comments. We note that CPSC did not receive any adverse comments based 
on the Notice of Availability, as reviewed in section II.C of this 
preamble.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, the rule will become effective on June 3, 2023. 
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.'' 
60 FR 43108, 43111. As noted, this rule updates a reference in the CFR 
to reflect a change that occurs by statute.
    If the Commission receives a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comment and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally 
requires agencies to review proposed and final rules for their 
potential economic impact on small entities, including small 
businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603, 
604. The RFA applies to any rule that is subject to notice and comment 
procedures under section 553 of the APA. Id. As discussed in section V 
of this preamble regarding the Direct Final Rule Process, the 
Commission has determined that notice and the opportunity to comment 
are unnecessary for this rule. Therefore, the RFA does not apply. The 
Commission also notes the limited nature of this

[[Page 13691]]

document, which updates the incorporation by reference to reflect the 
mandatory CPSC standard that takes effect under section 104 of the 
CPSIA.

VII. Paperwork Reduction Act

    The current mandatory standard for NFS cribs includes requirements 
for marking, labeling, and instructional literature that constitute a 
``collection of information,'' as defined in the Paperwork Reduction 
Act (PRA; 44 U.S.C. 3501-3521). The revised mandatory standard for NFS 
cribs does not alter these requirements. The Commission took the steps 
required by the PRA for information collections when it adopted 16 CFR 
part 1220, 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.

VIII. Environmental Considerations

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

IX. Preemption

    Section 26(a) of the CPSA provides that where a consumer product 
safety standard is in effect and applies to a product, no state or 
political subdivision of a state may either establish or continue in 
effect a requirement dealing with the same risk of injury unless the 
state requirement is identical to the Federal standard. 15 U.S.C. 
2075(a). Section 26(c) of the CPSA also provides that states or 
political subdivisions of states may apply to CPSC for an exemption 
from this preemption under certain circumstances. Section 104(b) of the 
CPSIA deems rules issued under that provision ``consumer product safety 
standards.'' Therefore, once a rule issued under section 104 of the 
CPSIA takes effect, it will preempt in accordance with section 26(a) of 
the CPSA.

X. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standards organization revises a standard that the 
Commission adopted as a mandatory standard, the revision becomes the 
CPSC standard 180 days after notification to the Commission, unless the 
Commission determines that the revision does not improve the safety of 
the product, or the Commission sets a later date in the Federal 
Register. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of 
those actions with respect to the revised standard for NFS cribs. 
Therefore, ASTM F406-22 automatically will take effect as the new 
mandatory standard for NFS cribs on June 3, 2023, 180 days after the 
Commission received notice of the revision. As a direct final rule, 
unless the Commission receives a significant adverse comment within 30 
days of this notice, the rule will become effective on June 3, 2023.

XI. 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 CRA 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 
has determined that this rule does not qualify as a ``major rule,'' as 
defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit 
the required information to each House of Congress and the Comptroller 
General.

List of Subjects in 16 CFR Part 1220

    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:  15 U.S.C. 2051 Notes; 15 U.S.C. 2056a.


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 
F406-22, Standard Consumer Safety Specification for Non-Full-Size Baby 
Cribs/Play Yards, approved on October 1, 2022. The Director of the 
Federal Register approves this incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for 
inspection at the U.S. Consumer Product Safety Commission and at the 
National Archives and Records Administration (NARA). Contact the U.S. 
Consumer Product Safety Commission at: the Office of the Secretary, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814, telephone (301) 504-7479, email: [email protected]. 
For information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. A free, read-only copy of the standard is 
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may also obtain a copy from ASTM International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 
phone: (610) 832-9585; www.astm.org.
    (b) Comply with the ASTM F406-22 standard with the following 
exclusions:
    (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
22.
    (2) Do not comply with section 5.16.2 through 5.16.2.2 of ASTM 
F406-22.
    (3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
22.
    (4) Do not comply with section 7, Performance Requirements for 
Mesh/Fabric Products, of ASTM F406-22.
    (5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
22.
    (6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
22.
    (7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
22.
    (8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
22.
    (9) Do not comply with section 8.16 through 8.16.3 of ASTM F406-22.
    (10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM 
F406-22.
    (11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
22.
    (12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
22.
    (13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
22.
    (14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM 
F406-22.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-04398 Filed 3-3-23; 8:45 am]
BILLING CODE 6355-01-P
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