Ban of Crib Bumpers, 54878-54880 [2023-17355]
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54878
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
proposed rule to establish a consumer
product safety standard for crib
bumpers/liners pursuant to section 104
of the Consumer Product Safety
Improvement Act of 2008. 87 FR 44306
(July 26, 2022).
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1309
[CPSC Docket No. 2022–0024]
Ban of Crib Bumpers
II. Overview of the Final Rule Banning
Crib Bumpers
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
The Consumer Product Safety
Commission is issuing this final rule to
codify the ban of crib bumpers pursuant
to the Safe Sleep for Babies Act of 2021,
which requires that crib bumpers,
regardless of the date of manufacture,
shall be considered a banned hazardous
product under the Consumer Product
Safety Act.
DATES: This rule is effective on
September 13, 2023.
FOR FURTHER INFORMATION CONTACT: Will
Cusey, Small Business Ombudsman,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–7945 or (888) 531–9070; email:
sbo@cpsc.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to section 3 of the Safe Sleep for Babies
Act of 2021 (SSBA), Public Law 117–
126, 15 U.S.C. 2057e, CPSC is issuing
this final rule to reflect, in the Code of
Federal Regulations, the statutory ban of
crib bumpers that took effect by
operation of law on November 12, 2022.
SUMMARY:
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I. Background and Statutory Authority
On May 3, 2022, Congress passed the
SSBA, which the President signed on
May 16, 2022. Section 3(a) of the SSBA
requires that, not later than 180 days
after enactment, ‘‘crib bumpers,
regardless of the date of manufacture,
shall be considered a banned hazardous
product’’ under section 8 of the
Consumer Product Safety Act (CPSA)
(15 U.S.C. 2057). 15 U.S.C. 2057e(a).
The 180th day after enactment was
November 12, 2022.
On July 26, 2022, the Consumer
Product Safety Commission
(Commission or CPSC) published a
notice of proposed rulemaking (NPR)
stating the Commission’s intention to
codify the language in the SSBA
requiring that crib bumpers be
considered a banned hazardous product
under section 8 of the CPSA. 87 FR
44307 (July 26, 2022). CPSC requested
and received comments from the public
on the proposed rule.
Because the SSBA mandated that crib
bumpers shall be considered a banned
hazardous product under section 8 of
the CPSA, CPSC also terminated a prior
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In this rule, the Commission codifies
the SSBA’s mandate that crib bumpers
are a banned hazardous product, as set
forth in this section of this preamble.1
A. Definitions
The Commission is codifying the
definition of ‘‘crib bumper’’ used in the
SSBA, 15 U.S.C. 2057e(b), which states
that ‘‘crib bumper’’:
(1) Means any material that is
intended to cover the sides of a crib to
prevent injury to any crib occupant from
impacts against the side of a crib or to
prevent partial or complete access to
any openings in the sides of a crib to
prevent a crib occupant from getting any
part of the body entrapped in any
opening;
(2) Includes a padded crib bumper, a
supported and unsupported vinyl
bumper guard, and vertical crib slat
covers; and
(3) Does not include a non-padded
mesh crib liner.
B. Effective Date
Section 3(a) of the SSBA states that
crib bumpers shall be considered a
banned hazardous product ‘‘not later
than 180 days after the enactment of this
Act.’’ The NPR proposed an effective
date of November 12, 2022, which was
180 days after enactment of the SSBA.
The Administrative Procedure Act
(APA) generally requires that the
effective date of a rule be at least 30
days after publication of the final rule.
5 U.S.C. 553(d). Because the November
12, 2022, effective date proposed in the
NPR has passed, and because
commenters supported CPSC
implementing the rule expeditiously,
the Commission is finalizing this rule
with a 30-day effective date, the
minimum permitted under the APA.
Although the final rule will not be
effective until September 13, 2023, the
ban of crib bumpers has been in effect
since November 12, 2022, pursuant to
the SSBA. To reflect that the SSBA took
effect on November 12, 2022, 16 CFR
1309.4 notifies the public that the ban
of crib bumpers was effective as of
November 12, 2022.
1 The Commission voted 4–0 to publish this final
rule. Chair Hoehn-Saric and Commissioner Trumka
issued statements in connection with their votes.
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C. Inventory
The SSBA states that the ban applies
to crib bumpers ‘‘regardless of the date
of manufacture.’’ Therefore, by statute,
crib bumpers manufactured at any time
became banned hazardous products as
of November 12, 2022.
III. Response to Comments
CPSC received six comments on the
NPR during the comment period.2 After
the comment deadline, CPSC received a
seventh comment 3 that primarily
addressed non-padded mesh crib liners,
which are outside the scope of this rule.
The seventh comment has been added
to the docket for this rulemaking,
although it did not address the
substance of this rule.
A. Effective Date
All the commenters supported CPSC
codifying the ban of crib bumpers, as
stated in the SSBA. None of the
commenters suggested any revisions to
the language of the proposed rule. Five
of the commenters addressed the
effective date of this rule. All five agreed
with an effective date not later than
November 12, 2022; four of these
commenters (Johns Hopkins Bloomberg
School of Public Health, Kids In Danger
(KID), Consumer Reports, and American
Academy of Pediatrics) urged CPSC to
act as quickly as possible, asserting that
an earlier effective date would benefit
the public by improving safety. The
SSBA’s statutory ban of crib bumpers
went into effect on November 12, 2022.
The final rule will become effective 30
days after it is published, though crib
bumpers have been banned pursuant to
the SSBA since November 12, 2022.
Commenter KID specifically
commended CPSC’s inclusion of the
language from the SSBA stating that crib
bumpers are banned regardless of the
date of manufacture. The Consumer
Federation of America agreed that crib
bumpers manufactured before the
effective date, as well as those
manufactured after the effective date,
are banned products.
B. Testing and Certification
CPSC sometimes requires testing and
certification to demonstrate that a
product is not within the scope of a ban.
Section 14(a)(2) of the CPSA requires
the manufacturer or private labeler of a
children’s product that is subject to a
children’s product safety rule to certify
2 The commenters were: Johns Hopkins
Bloomberg School of Public Health; Consumer
Federation of America; Juvenile Products
Manufacturers Association, Inc.; Kids In Danger;
Consumer Reports; and American Academy of
Pediatrics.
3 BreathableBaby, LLC, was the late commenter.
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
that, based on a third-party conformity
assessment body’s testing, the product
complies with the applicable children’s
product safety rule. 15 U.S.C. 2063(a)(2).
A ‘‘children’s product’’ is a consumer
product ‘‘designed or intended
primarily for children 12 years of age or
younger.’’ Id. 2052(a)(2). A ‘‘children’s
product safety rule’’ includes rules
under any act enforced by the
Commission that ‘‘declar[e] a consumer
product to be a banned hazardous
product or substance.’’ Id. 206(f)(1). Crib
bumpers as defined in the SSBA meet
the definition of a children’s product for
the purpose of Section 14. This final
rule, which codifies crib bumpers as a
banned hazardous product pursuant to
the SSBA, fits the definition of a
children’s product safety rule under the
CPSA. However, because the ban does
not leave any crib bumpers in the
marketplace, in this instance there is
nothing to test. Though commenters
provided a variety of ideas regarding
testing and certification requirements,
emerging products, age grading, and
attachment issues for non-padded mesh
crib liners, none urged a test for crib
bumpers. Although the Commission
may consider these issues at a later
time, as warranted, CPSC is limiting this
rule to codification of the terms of the
ban prescribed by the SSBA. Therefore,
CPSC has not made any revisions to the
proposed rule based on these comments.
C. Technical and Clarifying Revisions
For the final rule, the Commission has
updated the language proposed in the
NPR by replacing the public law citation
for the SSBA (Pub. L. 117–126) with the
new U.S. Code citation (15 U.S.C.
2057e).
The Commission has also revised the
proposed 16 CFR 1309.1, Purpose and
scope, to more fully describe the
substantive effect of Congress’s
classification of crib bumpers as banned
hazardous products. Section 1309.1 of
the final rule makes clear that the rule
prohibits not only the sale of banned
crib bumpers but also, in accordance
with section 19(a)(1) of the CPSA, the
offer for sale, manufacture for sale,
distribution in commerce, or
importation into the United States, of
these products. See 15 U.S.C. 2068(a)(1).
The Commission has also revised the
proposed 16 CFR 1309.4, Effective date,
to clarify that the ban of crib bumpers
was effective as of November 12, 2022,
pursuant to the SSBA, but that this final
rule is effective as of September 13,
2023. The promulgation of this final
rule does not change the fact that
inclined sleepers have been banned
pursuant to the SSBA since November
12, 2022.
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15:59 Aug 11, 2023
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III. Preemption
Section 3(b)(2)(A) of Executive Order
12988, Civil Justice Reform (Feb. 5,
1996), directs agencies to specify the
preemptive effect of any rule. 61 FR
4729 (Feb. 7, 1996). Because the SSBA
states that crib bumpers are a banned
hazardous product, any state
performance standards allowing the sale
of crib bumpers, as defined in the SSBA
and this rule, would be inconsistent
with federal law and therefore
preempted by this ban.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601–612, requires that agencies
review proposed and final rules for their
potential economic impact on small
entities, including small businesses, and
identify alternatives that may reduce
such impact, unless the agency certifies
that the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small entities.
In the NPR, the Commission certified
that the final rule will not have a
significant economic impact on a
substantial number of small entities and
received no comment on that issue. 87
FR 44308.
VII. Environmental Considerations
The Commission’s regulations at 16
CFR part 1021 address whether the
agency must prepare an environmental
assessment or an environmental impact
statement. Under those regulations,
certain categories of CPSC actions that
have ‘‘little or no potential for affecting
the human environment’’ do not require
an environmental assessment or an
environmental impact statement. 16
CFR 1021.5(c). This final rule codifying
section 3 of the SSBA falls within the
categorical exclusion, so no
environmental assessment or
environmental impact statement is
required.
VIII. Paperwork Reduction Act
This final rule contains no
information collection requirements that
would be subject to public comment
and review by the Office of Management
and Budget under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
IX. Congressional Review Act
The Congressional Review Act (CRA;
5 U.S.C. 801–808) states that, before a
rule can 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), and indicate
whether the rule is a ‘‘major rule’’ as
defined in 5 U.S.C. 804(2). The CRA
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54879
further states that the Office of
Information and Regulatory Affairs
(OIRA) determines whether a rule
qualifies as a ‘‘major rule.’’ OIRA has
determined that this rule is not a ‘‘major
rule’’ under the CRA. To comply with
the CRA, the Commission will submit
the required information to each House
of Congress and the Comptroller
General.
List of Subjects in 16 CFR Part 1309
Administrative practice and
procedure, Consumer protection, Infants
and children.
For the reasons discussed above, the
Commission adds part 1309 to title 16
of the Code of Federal Regulations as
follows:
■
PART 1309—BAN OF CRIB BUMPERS
Sec.
1309.1
1309.2
1309.3
1309.4
Purpose and Scope
Definition
Banned Hazardous Product
Effective Date
Authority: 15 U.S.C. 2057e.
§ 1309.1
Purpose and Scope
The purpose of this rule is to prohibit
the sale, offer for sale, manufacture for
sale, distribution in commerce, or
importation into the United States, of
any crib bumpers, as defined in part
1309.2, as set forth in the Safety Sleep
for Babies Act of 2021 (15 U.S.C. 2057e).
§ 1309.2
Definition
Crib bumper:
(1) Means any material that is
intended to cover the sides of a crib to
prevent injury to any crib occupant from
impacts against the side of a crib or to
prevent partial or complete access to
any openings in the sides of a crib to
prevent a crib occupant from getting any
part of the body entrapped in any
opening;
(2) Includes a padded crib bumper, a
supported and unsupported vinyl
bumper guard, and vertical crib slat
covers; and
(3) Does not include a non-padded
mesh crib liner.
§ 1309.3
Banned Hazardous Product
Any crib bumper, as defined in
section 1309.2, regardless of the date of
manufacture, is a banned hazardous
product under section 8 of the
Consumer Product Safety Act (15 U.S.C.
2057).
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54880
§ 1309.4
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
Effective Date
By statute, the effective date of this
ban is November 12, 2022. This effective
date of this rule is September 13, 2023.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
BILLING CODE 6355–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
30 CFR Part 285
[Docket No. BSEE–2022–0015; EEEE500000
223E1700D2 ET1SF0000.EAQ000]
RIN 1082–AA03
Reorganization of Title 30—Renewable
Energy and Alternate Uses of Existing
Facilities on the Outer Continental
Shelf; Correction
Bureau of Safety and
Environmental Enforcement (BSEE),
Interior.
ACTION: Correcting amendment.
AGENCY:
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15:59 Aug 11, 2023
Jkt 259001
Accordingly, the Bureau of Safety and
Environmental Enforcement is making
the correcting amendment to 30 CFR
part 285 as follows:
PART 285—RENEWABLE ENERGY
AND ALTERNATE USES OF EXISTING
FACILITIES ON THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 285
continues to read as follows:
■
Authority: 43 U.S.C. 1331 et seq.
BSEE is publishing a
correcting amendment to substitute new
Office of Management and Budget
(OMB) Control Number 1014–0034 for
the placeholder included in the
Paperwork Reduction Act statements—
information collection promulgated in
the final rule.
DATES: This correcting amendment is
effective on August 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Nikki Mason, Program Analyst, at regs@
bsee.gov, 703–787–1607.
SUPPLEMENTARY INFORMATION: BSEE is
publishing a correction to the final rule,
Reorganization of Title 30—Renewable
Energy and Alternate Uses of Existing
Facilities on the Outer Continental
Shelf, which published in the Federal
Register on January 31, 2023 [88 FR
6376], to add the OMB control number
to BSEE’s new § 285.114, Paperwork
Reduction Act statements—information
collection. Because the OMB control
number could not be issued prior to
publication of the final rule, BSEE
included a placeholder for the control
number at the relevant location in the
regulation. OMB has since issued the
control number, and this correction
substitutes that number for the
placeholder. Because this correction is
clerical in nature only and does not
impact the rights or interests of any
party under the final rule, BSEE has
good cause for not publishing this
VerDate Sep<11>2014
List of Subjects in 30 CFR Part 285
Continental shelf, Energy,
Environmental protection, Historic
preservation, Marine resources, Marine
safety, Natural resources, Ocean
resources, Offshore energy, Offshore
structures, Outer continental shelf,
Renewable energy, Reporting and
recordkeeping requirements, Safety,
Wind energy.
[FR Doc. 2023–17355 Filed 8–11–23; 8:45 am]
SUMMARY:
correction for notification and public
comment, since such a publication is
unnecessary.
2. Amend § 285.114 by revising
paragraph (a) to read as follows:
■
§ 285.114 Paperwork Reduction Act
statements—information collection.
(a) The Office of Management and
Budget (OMB) has approved the
information collection requirements in
30 CFR part 285 under 43 U.S.C. 1331
et seq. and assigned OMB Control
Number 1014–0034. The table in
paragraph (e) of this section lists the
subparts in the rule requiring the
information and its title, summarizes
the reasons for collecting the
information, and summarizes how BSEE
uses the information.
*
*
*
*
*
[FR Doc. 2023–17421 Filed 8–11–23; 8:45 am]
BILLING CODE 4310–VH–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0610]
RIN 1625–AA00
Safety Zone; Ohio River Mile Markers
90.4–91, Wheeling, WV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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The Coast Guard is proposing
to establish a temporary safety zone for
the Ohio River on August 23, 2023, at
mile marker 90.4 to mile marker 91 from
5 through 9 p.m. This action is
necessary to provide for the safety of life
on the navigable waters during a
floating lantern festival. This rule
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Pittsburgh (COTP) or a designated
representative.
DATES: This rule is effective on August
23, 2023, from 5 through 9 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0610 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LTJG Eyobe Mills, Marine Safety
Unit Pittsburgh, U.S. Coast Guard, at
telephone 412–221–0807, email
Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. This safety zone must be
established by August 23, 2023, to
provide for the safety of life on the
navigable waters during a floating
lantern festival, and we lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule. The
NPRM process would delay the
establishment of the safety zone until
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Agencies
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Rules and Regulations]
[Pages 54878-54880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17355]
[[Page 54878]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1309
[CPSC Docket No. 2022-0024]
Ban of Crib Bumpers
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission is issuing this final
rule to codify the ban of crib bumpers pursuant to the Safe Sleep for
Babies Act of 2021, which requires that crib bumpers, regardless of the
date of manufacture, shall be considered a banned hazardous product
under the Consumer Product Safety Act.
DATES: This rule is effective on September 13, 2023.
FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman,
U.S. Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7945 or (888) 531-9070; email:
[email protected].
SUPPLEMENTARY INFORMATION: Pursuant to section 3 of the Safe Sleep for
Babies Act of 2021 (SSBA), Public Law 117-126, 15 U.S.C. 2057e, CPSC is
issuing this final rule to reflect, in the Code of Federal Regulations,
the statutory ban of crib bumpers that took effect by operation of law
on November 12, 2022.
I. Background and Statutory Authority
On May 3, 2022, Congress passed the SSBA, which the President
signed on May 16, 2022. Section 3(a) of the SSBA requires that, not
later than 180 days after enactment, ``crib bumpers, regardless of the
date of manufacture, shall be considered a banned hazardous product''
under section 8 of the Consumer Product Safety Act (CPSA) (15 U.S.C.
2057). 15 U.S.C. 2057e(a). The 180th day after enactment was November
12, 2022.
On July 26, 2022, the Consumer Product Safety Commission
(Commission or CPSC) published a notice of proposed rulemaking (NPR)
stating the Commission's intention to codify the language in the SSBA
requiring that crib bumpers be considered a banned hazardous product
under section 8 of the CPSA. 87 FR 44307 (July 26, 2022). CPSC
requested and received comments from the public on the proposed rule.
Because the SSBA mandated that crib bumpers shall be considered a
banned hazardous product under section 8 of the CPSA, CPSC also
terminated a prior proposed rule to establish a consumer product safety
standard for crib bumpers/liners pursuant to section 104 of the
Consumer Product Safety Improvement Act of 2008. 87 FR 44306 (July 26,
2022).
II. Overview of the Final Rule Banning Crib Bumpers
In this rule, the Commission codifies the SSBA's mandate that crib
bumpers are a banned hazardous product, as set forth in this section of
this preamble.\1\
---------------------------------------------------------------------------
\1\ The Commission voted 4-0 to publish this final rule. Chair
Hoehn-Saric and Commissioner Trumka issued statements in connection
with their votes.
---------------------------------------------------------------------------
A. Definitions
The Commission is codifying the definition of ``crib bumper'' used
in the SSBA, 15 U.S.C. 2057e(b), which states that ``crib bumper'':
(1) Means any material that is intended to cover the sides of a
crib to prevent injury to any crib occupant from impacts against the
side of a crib or to prevent partial or complete access to any openings
in the sides of a crib to prevent a crib occupant from getting any part
of the body entrapped in any opening;
(2) Includes a padded crib bumper, a supported and unsupported
vinyl bumper guard, and vertical crib slat covers; and
(3) Does not include a non-padded mesh crib liner.
B. Effective Date
Section 3(a) of the SSBA states that crib bumpers shall be
considered a banned hazardous product ``not later than 180 days after
the enactment of this Act.'' The NPR proposed an effective date of
November 12, 2022, which was 180 days after enactment of the SSBA. The
Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of the
final rule. 5 U.S.C. 553(d). Because the November 12, 2022, effective
date proposed in the NPR has passed, and because commenters supported
CPSC implementing the rule expeditiously, the Commission is finalizing
this rule with a 30-day effective date, the minimum permitted under the
APA. Although the final rule will not be effective until September 13,
2023, the ban of crib bumpers has been in effect since November 12,
2022, pursuant to the SSBA. To reflect that the SSBA took effect on
November 12, 2022, 16 CFR 1309.4 notifies the public that the ban of
crib bumpers was effective as of November 12, 2022.
C. Inventory
The SSBA states that the ban applies to crib bumpers ``regardless
of the date of manufacture.'' Therefore, by statute, crib bumpers
manufactured at any time became banned hazardous products as of
November 12, 2022.
III. Response to Comments
CPSC received six comments on the NPR during the comment period.\2\
After the comment deadline, CPSC received a seventh comment \3\ that
primarily addressed non-padded mesh crib liners, which are outside the
scope of this rule. The seventh comment has been added to the docket
for this rulemaking, although it did not address the substance of this
rule.
---------------------------------------------------------------------------
\2\ The commenters were: Johns Hopkins Bloomberg School of
Public Health; Consumer Federation of America; Juvenile Products
Manufacturers Association, Inc.; Kids In Danger; Consumer Reports;
and American Academy of Pediatrics.
\3\ BreathableBaby, LLC, was the late commenter.
---------------------------------------------------------------------------
A. Effective Date
All the commenters supported CPSC codifying the ban of crib
bumpers, as stated in the SSBA. None of the commenters suggested any
revisions to the language of the proposed rule. Five of the commenters
addressed the effective date of this rule. All five agreed with an
effective date not later than November 12, 2022; four of these
commenters (Johns Hopkins Bloomberg School of Public Health, Kids In
Danger (KID), Consumer Reports, and American Academy of Pediatrics)
urged CPSC to act as quickly as possible, asserting that an earlier
effective date would benefit the public by improving safety. The SSBA's
statutory ban of crib bumpers went into effect on November 12, 2022.
The final rule will become effective 30 days after it is published,
though crib bumpers have been banned pursuant to the SSBA since
November 12, 2022. Commenter KID specifically commended CPSC's
inclusion of the language from the SSBA stating that crib bumpers are
banned regardless of the date of manufacture. The Consumer Federation
of America agreed that crib bumpers manufactured before the effective
date, as well as those manufactured after the effective date, are
banned products.
B. Testing and Certification
CPSC sometimes requires testing and certification to demonstrate
that a product is not within the scope of a ban. Section 14(a)(2) of
the CPSA requires the manufacturer or private labeler of a children's
product that is subject to a children's product safety rule to certify
[[Page 54879]]
that, based on a third-party conformity assessment body's testing, the
product complies with the applicable children's product safety rule. 15
U.S.C. 2063(a)(2). A ``children's product'' is a consumer product
``designed or intended primarily for children 12 years of age or
younger.'' Id. 2052(a)(2). A ``children's product safety rule''
includes rules under any act enforced by the Commission that
``declar[e] a consumer product to be a banned hazardous product or
substance.'' Id. 206(f)(1). Crib bumpers as defined in the SSBA meet
the definition of a children's product for the purpose of Section 14.
This final rule, which codifies crib bumpers as a banned hazardous
product pursuant to the SSBA, fits the definition of a children's
product safety rule under the CPSA. However, because the ban does not
leave any crib bumpers in the marketplace, in this instance there is
nothing to test. Though commenters provided a variety of ideas
regarding testing and certification requirements, emerging products,
age grading, and attachment issues for non-padded mesh crib liners,
none urged a test for crib bumpers. Although the Commission may
consider these issues at a later time, as warranted, CPSC is limiting
this rule to codification of the terms of the ban prescribed by the
SSBA. Therefore, CPSC has not made any revisions to the proposed rule
based on these comments.
C. Technical and Clarifying Revisions
For the final rule, the Commission has updated the language
proposed in the NPR by replacing the public law citation for the SSBA
(Pub. L. 117-126) with the new U.S. Code citation (15 U.S.C. 2057e).
The Commission has also revised the proposed 16 CFR 1309.1, Purpose
and scope, to more fully describe the substantive effect of Congress's
classification of crib bumpers as banned hazardous products. Section
1309.1 of the final rule makes clear that the rule prohibits not only
the sale of banned crib bumpers but also, in accordance with section
19(a)(1) of the CPSA, the offer for sale, manufacture for sale,
distribution in commerce, or importation into the United States, of
these products. See 15 U.S.C. 2068(a)(1).
The Commission has also revised the proposed 16 CFR 1309.4,
Effective date, to clarify that the ban of crib bumpers was effective
as of November 12, 2022, pursuant to the SSBA, but that this final rule
is effective as of September 13, 2023. The promulgation of this final
rule does not change the fact that inclined sleepers have been banned
pursuant to the SSBA since November 12, 2022.
III. Preemption
Section 3(b)(2)(A) of Executive Order 12988, Civil Justice Reform
(Feb. 5, 1996), directs agencies to specify the preemptive effect of
any rule. 61 FR 4729 (Feb. 7, 1996). Because the SSBA states that crib
bumpers are a banned hazardous product, any state performance standards
allowing the sale of crib bumpers, as defined in the SSBA and this
rule, would be inconsistent with federal law and therefore preempted by
this ban.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that
agencies review proposed and final rules for their potential economic
impact on small entities, including small businesses, and identify
alternatives that may reduce such impact, unless the agency certifies
that the rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities. In the NPR, the
Commission certified that the final rule will not have a significant
economic impact on a substantial number of small entities and received
no comment on that issue. 87 FR 44308.
VII. Environmental Considerations
The Commission's regulations at 16 CFR part 1021 address whether
the agency must prepare an environmental assessment or an environmental
impact statement. Under those regulations, certain categories of CPSC
actions that have ``little or no potential for affecting the human
environment'' do not require an environmental assessment or an
environmental impact statement. 16 CFR 1021.5(c). This final rule
codifying section 3 of the SSBA falls within the categorical exclusion,
so no environmental assessment or environmental impact statement is
required.
VIII. Paperwork Reduction Act
This final rule contains no information collection requirements
that would be subject to public comment and review by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521).
IX. Congressional Review Act
The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule can 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), and indicate whether the
rule is a ``major rule'' as defined in 5 U.S.C. 804(2). The CRA further
states that the Office of Information and Regulatory Affairs (OIRA)
determines whether a rule qualifies as a ``major rule.'' OIRA has
determined that this rule is not a ``major rule'' under the CRA. To
comply with the CRA, the Commission will submit the required
information to each House of Congress and the Comptroller General.
List of Subjects in 16 CFR Part 1309
Administrative practice and procedure, Consumer protection, Infants
and children.
0
For the reasons discussed above, the Commission adds part 1309 to title
16 of the Code of Federal Regulations as follows:
PART 1309--BAN OF CRIB BUMPERS
Sec.
1309.1 Purpose and Scope
1309.2 Definition
1309.3 Banned Hazardous Product
1309.4 Effective Date
Authority: 15 U.S.C. 2057e.
Sec. 1309.1 Purpose and Scope
The purpose of this rule is to prohibit the sale, offer for sale,
manufacture for sale, distribution in commerce, or importation into the
United States, of any crib bumpers, as defined in part 1309.2, as set
forth in the Safety Sleep for Babies Act of 2021 (15 U.S.C. 2057e).
Sec. 1309.2 Definition
Crib bumper:
(1) Means any material that is intended to cover the sides of a
crib to prevent injury to any crib occupant from impacts against the
side of a crib or to prevent partial or complete access to any openings
in the sides of a crib to prevent a crib occupant from getting any part
of the body entrapped in any opening;
(2) Includes a padded crib bumper, a supported and unsupported
vinyl bumper guard, and vertical crib slat covers; and
(3) Does not include a non-padded mesh crib liner.
Sec. 1309.3 Banned Hazardous Product
Any crib bumper, as defined in section 1309.2, regardless of the
date of manufacture, is a banned hazardous product under section 8 of
the Consumer Product Safety Act (15 U.S.C. 2057).
[[Page 54880]]
Sec. 1309.4 Effective Date
By statute, the effective date of this ban is November 12, 2022.
This effective date of this rule is September 13, 2023.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-17355 Filed 8-11-23; 8:45 am]
BILLING CODE 6355-01-P