Safety Standard for Non-Full-Size Baby Cribs, 8676-8682 [2025-01721]
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Federal Register / Vol. 90, No. 20 / Friday, January 31, 2025 / Rules and Regulations
0.125 inch, before further flight, remove the
buckle from service and replace it with an
airworthy buckle, or remove the restraint
system from service and replace it with an
airworthy restraint system.
Note 3 to paragraph (g)(2): SB 25–1111432
Rev 002 refers to a buckle as both a buckle
and buckle assembly, interchangeably.
Buckles with a buckle handle vane thickness
equal to or less than 0.125 inch are
considered airworthy.
(3) As of the effective date of this AD, do
not install any plastic buckle P/N 1111430 or
P/N 1111475 (all dash numbers), with a
buckle handle vane thickness greater than
0.125 inch, or any restraint system with a
buckle P/N 1111430 or 1111475 (all dash
numbers), with a buckle handle vane
thickness greater than 0.125 inch installed,
with the buckle having a date of manufacture
on or before May 31, 2007, or if the date of
manufacture cannot be determined, on any
airplane or helicopter, unless the buckle has
been repaired with the installation of an
airworthy buckle handle after May 31, 2007,
and is marked with a BLUE logo on the
center button.
(h) Credit for Previous Actions
(1) If you inspected the buckle handle for
a crack as required by paragraph (g)(1) of this
AD before the effective date of this AD using
Pacific Scientific Service Bulletin SB 25–
1111432, dated May 22, 2007 (SB 25–
1111432), or using Meggitt Service Bulletin
SB 25–1111432, Revision 001, dated May 20,
2021 (SB 25–1111432 Rev 001), you have met
that requirement.
(2) If you measured the thickness of the
buckle handle vane and replaced an affected
buckle as required by paragraph (g)(2) of this
AD before the effective date of this AD using
SB 25–1111432 or SB 25–1111432 Rev 001,
you have met that requirement.
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(i) Special Flight Permits
(k) Related Information
(1) For more information about this AD,
contact Hal Jensen, Aviation Safety Engineer,
FAA, 3960 Paramount Boulevard, Lakewood,
CA 90712; phone: (303) 342–1080; email:
hal.jensen@faa.gov.
(2) Meggitt and Pacific Scientific material
identified in this AD that are not
incorporated by reference can be are
available at the contact information specified
in paragraph (l)(3) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the material listed in this paragraph under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless the AD specifies otherwise.
(i) Parker Meggitt Service Bulletin SB 25–
1111432, Revision 002, dated September 12,
2023.
(ii) [Reserved]
(3) For material identified in this AD,
contact Parker Meggitt Services, 1785
Voyager Avenue, Simi Valley, CA 93063;
phone: (877) 666–0712; email: TechSupport@
meggitt.com.
(4) You may view this material at the FAA,
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Region, 10101 Hillwood Pkwy., Room 6N–
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on the availability of this material at the
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(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email: fr.inspection@
nara.gov.
Issued on December 18, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199,
provided that there are no passengers
onboard.
[FR Doc. 2025–02051 Filed 1–30–25; 8:45 am]
(j) Alternative Methods of Compliance
(AMOCs)
CONSUMER PRODUCT SAFETY
COMMISSION
(1) The Manager, West Certification
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the West Certification
Branch, send it to the attention of the person
identified in paragraph (k)(1) of this AD.
Information may be emailed to: AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) AMOCs approved for AD 2021–07–13
are approved as AMOCs for the
corresponding requirements of this AD.
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BILLING CODE 4910–13–P
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 incorporates by
SUMMARY:
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reference ASTM F406, Standard
Consumer Safety Specification for NonFull-Size Baby Cribs/Play Yards, with
modifications that exclude sections of
ASTM F406 that apply to play yards
exclusively. 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. On
August 1, 2024, ASTM approved a
revised voluntary standard, and this
direct final rule updates the mandatory
standard for NFS cribs to incorporate by
reference the 2024 version of ASTM
F406.
DATES: The rule is effective on April 5,
2025, unless the Commission receives a
significant adverse comment by March
3, 2025. If the Commission receives
such a comment, it will publish a notice
in the Federal Register, withdrawing
this direct final rule before its effective
date. The incorporation by reference of
the publication listed in this rule is
approved by the Director of the Federal
Register as of April 5, 2025.
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 email, except as
described below.
Mail/Hand Delivery/Courier/
Confidential Written Submissions: CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal. You may, however,
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: 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:
www.regulations.gov. Do not submit to
this website: confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
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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:
www.regulations.gov, and insert the
docket number, CPSC–2019–0025, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Frederick DeGrano, Project Manager,
Division of Mechanical and Combustion
Engineering, U.S. Consumer Product
Safety Commission, 5 Research Place,
Rockville, MD 20850; telephone: (301)
987–2711; email: fdegrano@cpsc.gov.
SUPPLEMENTARY INFORMATION:
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I. Statutory Authority and Background
A. Statutory Authority
Section 104(b) of the CPSIA requires
the Commission to assess the
effectiveness of voluntary standards for
durable infant or toddler products 1 and
adopt mandatory standards for these
products. 15 U.S.C. 2056a(b)(1).
Mandatory standards must be
‘‘substantially the same as’’ voluntary
standards, or they may be ‘‘more
stringent’’ than the voluntary standards,
if the Commission determines that more
stringent requirements would further
reduce the risk of injury associated with
the products. Id. Mandatory standards
may be based, in whole or in part, on
a voluntary standard.
Section 104(b)(4)(B) of the CPSIA
specifies the process for when a
voluntary standards organization revises
a standard the Commission 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 the revision.
Once the Commission receives this
notification, the Commission may reject
or accept the revised standard. To reject
a revised standard, the Commission
must notify the voluntary standards
organization within 90 days of receiving
the notice of revision that the
Commission has determined that the
revised standard does not improve the
safety of the consumer product and that
CPSC is retaining the existing standard.
If the Commission does not take this
action, the revised voluntary standard
will be considered a consumer product
safety standard issued under section 9
of the Consumer Product Safety Act
(CPSA) (15 U.S.C. 2058), effective 180
1 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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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.2 15 U.S.C.
2056a(c)(1), (2). However, Congress later
limited this expanded application of the
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). The Commission
previously updated the NFS cribs rule
and did not make this determination in
those updates. 83 FR 26206 (June 6,
2018); 84 FR 56684 (Oct. 23, 2019); and
88 FR 13686 (March 6, 2023). The
Commission similarly is not making this
determination for the current revision to
the NFS cribs rule. Accordingly, as
specified in CPSIA section 104(c)(3),
this direct final rule applies to persons
that manufacture or import cribs, but
not to the other entities stated in
sections 104(c)(1) and (c)(2).
B. Safety Standards for NFS Cribs
On December 28, 2010, under section
104 of the CPSIA, the Commission
published the first NFS crib 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 and
exclude sections of ASTM F406–10a
that apply to play yards exclusively. 75
FR 81766, at 81780.3
Section 1220.1(c)(1) defines a NFS
crib as ‘‘a bed that is: (i) Designed to
2 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): anyone (1) that
manufactures, distributes, or contracts to sell cribs;
(2) with an occupation that relates to cribs,
including child care; (3) who contracts to sell/resell,
lease, sublet, or otherwise place cribs in the stream
of commerce; or (4) who owns or operates an inn,
hotel, or other establishment that provides
temporary lodging. 15 U.S.C. 2056a(c)(2).
3 Commission regulations for play yards are at 16
CFR part 1221.
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8677
provide sleeping accommodations for an
infant; (ii) Intended for use in or around
the home, for travel, in a child care
facility, in a family child care home, in
a place of public accommodation
affecting commerce and other purposes;
(iii) Has an interior length dimension
either greater than 139.7 cm (55 in.) or
smaller than 126.3 cm (49 3⁄4 in.), or, an
interior width dimension either greater
than 77.7 cm (30 5⁄8 in.) or smaller than
64.3 cm (25 3⁄8 in.), or both . . . [and]
(v) Does not include mesh/net/screen
cribs, nonrigidly constructed baby cribs,
cradles (both rocker and pendulum
types), car beds, baby baskets, and
bassinets (also known as junior cribs).’’
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.
Since the publication of ASTM F406–
10a, CPSC has updated the NFS cribs
rule three times, adopting ASTM F406–
17 in 2018 (83 FR 26206 (June 6, 2018)),
ASTM F406–19 in 2019 (84 FR 56684
(Oct. 23, 2019)), and ASTM F406–23 in
2023 (88 FR 13686 (March 6, 2023)). In
all 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 all cases, CPSC
also maintained the exceptions listed in
section 1220.2(b), which lists sections of
the voluntary standard that solely apply
to play yards.
On October 7, 2024, ASTM notified
the Commission that it had approved
and published a newly revised version
of the voluntary standard, ASTM F406–
24. As explained in section II.A of this
preamble, ASTM F406–24 contains two
substantive revisions to the voluntary
standard that improve the safety of NFS
cribs. One modification clarifies the
definitions of ‘‘play yard/non-full-size
crib dependent accessory’’ and ‘‘full
accessory.’’ The other revision addresses
strangulation hazards by revising
warning labels to expand the scope of
the warning label requirements to all
NFS crib accessories and not just those
intended to be removed when the NFS
crib is occupied. Part II.B of this
preamble describes non-substantive
clarifications in the revised voluntary
standard.
On October 25, 2024, the Commission
published in the Federal Register a
Notice of Availability, requesting
comment on whether the revision
improves the safety of NFS baby cribs
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and/or play yards. 89 FR 85077. CPSC
received one anonymous comment
addressing safety in both NFS cribs and
play yards, which is discussed below.
Pursuant to CPSIA section 104, the
revised voluntary standard will take
effect as the new mandatory standard
for NFS cribs on April 5, 2025, unless
the Commission specifies a later date in
the Federal Register or notifies ASTM
by January 5, 2025, that it has
determined the revision does not
improve the safety of NFS baby cribs. 15
U.S.C. 2056a(b)(4)(B). Based on staff’s
evaluation of ASTM F406–24 and
consideration of the comment received,
the Commission will allow ASTM
F406–24 to become the new consumer
product safety standard for NFS cribs
because it improves safety. ASTM
F406–24 will become the mandatory
consumer product safety standard for
NFS cribs on April 5, 2025. 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
F406–24, with modifications that
maintain the exclusion of requirements
that apply solely to play yards.4
II. Description of ASTM F406–24
Related to NFS Cribs
The ASTM standard for NFS cribs
includes performance requirements, test
methods, and requirements for marking,
labeling, and instructional literature, to
address hazards associated with NFS
cribs. The 2024 revision to the voluntary
standard, ASTM F406, includes
substantive and non-substantive
revisions, as described in sections II.A
and B.
A. Substantive Changes in ASTM F406–
24
1. NFS Crib Accessories Definitions
ASTM F406–24 revises the definitions
for ‘‘play yard/non-full-size crib
dependent accessory’’ and for ‘‘full
accessory’’ to improve clarity of the
classification of certain types of
accessories and the performance
requirements to which they are subject.
Section 3.1.24 defines a ‘‘play yard/nonfull-size crib dependent accessory’’ as
being a component such as a bassinet or
changing table that attaches to the NFS
crib, but the revision now clarifies that
a dependent accessory ‘‘can be used
with or without a full accessory, and
does not fully cover the top opening of
the play yard/non-full size crib’’. The
prior definition did not confirm the
accessory’s relation to a full accessory or
that this accessory does not fully cover
the top of a NFS crib. Further, the
revised definition plainly states that
such accessories expose occupants ‘‘to
gaps or openings that may create an
entrapment hazard.’’ The revised
discussion language in section 3.1.24.2
again confirms that this accessory ‘‘does
not fully cover the top opening of the
play yard/non-full-size crib.’’ Figure 1
below provides an example of a
changing table accessory that attaches to
the top frame of the play yard/non-fullsize crib and is therefore classified as a
play yard/non-full-size crib dependent
accessory.
4 On December 17, 2024, the Commission voted
(5–0) to publish this direct final rule.
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5 Reprinted, with permission, from ASTM F406–
24 Standard Consumer Safety Specification for
Non-Full-Size Baby Cribs/Play Yards, copyright
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ASTM International. A copy of the complete
standard may be obtained from www.astm.org.
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Figure 1. Play Yard/Non-Full-Size Crib Dependent Accessory5
Federal Register / Vol. 90, No. 20 / Friday, January 31, 2025 / Rules and Regulations
Section 3.1.11 defines a ‘‘full
accessory’’ as any accessory that fully
covers the top opening of a NFS crib
without gaps or openings ‘‘that would
expose the occupant to an entrapment
hazard.’’ ASTM F406–24 adds section
3.1.11.3 to clarify that play yards that
can convert to other products are not
considered full accessories. The
converted products (i.e., products that
convert from NFS cribs to another
product, such as a bassinet) are subject
to requirements or regulations that
apply to the converted-to-product’s
product category, such as the
requirements for bassinets, and no
longer to the requirements for NFS
cribs. These revisions work to clarify the
definitions of NFS crib accessories and
which category of product an item may
fall under. This change does not exclude
full accessories that are attached to NFS
cribs and that have not yet been, but can
be converted, into other products.
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Figure 2 below shows an example of a
changing table that can only be attached
to the full bassinet accessory, and
therefore, it is also considered a full
accessory unlike the changing table in
Figure 1 which only attaches directly to
the play yard/non-full-size crib. The
Commission considers these changes to
the accessories definitions as a neutral
impact on safety.
Figure 2. Play Yard/Non-Full-Size Crib Full Accessory6
2. Strangulation Warning Labels
NFS cribs with attaching accessories
present a risk of strangulation in
openings between attached accessories
and the NFS crib’s frame. To reduce this
hazard, ASTM F406–24 specifies
requirements for warning labels, as
defined in section 9.6.3 of ASTM F406–
24. The previous requirement stated that
the manufacturer should add a general
description of the hazard relevant to the
product, including the nonspecific
phrase, ‘‘[s]tatement describing the
hazard.’’ ASTM F406–24 revises the
warning label requirement by explicitly
specifying that there is a strangulation
hazard, which is more compelling and
vivid in describing the hazard and how
to avoid it. ASTM F406–24 requires that
the warning shall state,
‘‘STRANGULATION HAZARD Children
have STRANGLED when their necks
became trapped . . . .’’
Further, ASTM F406–24 expands the
scope of products to which these
warning labels apply, to now include all
accessories, not just accessories that are
intended to be removed from the NFS
crib when it is occupied as previously
required. As revised, the warning labels
now apply to ‘‘each play yard/non-full
size crib dependent accessory and full
accessory.’’ Therefore, the revision
applies to all full accessories and play
yard/NFS crib dependent accessories
rather than only play yard/NFS crib
dependent accessories. The Commission
determines that any accessory attached
to the top or within the occupant area,
regardless of the type of accessory,
presents a strangulation hazard when a
child is in the occupant area. Therefore,
this change in ASTM F406–24 is an
improvement in safety. Figure 3
provides an example of the new
strangulation hazard warning label
language requirements:
6 Reprinted, with permission, from ASTM F406–
24 Standard Consumer Safety Specification for
Non-Full-Size Baby Cribs/Play Yards, copyright
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ASTM International. A copy of the complete
standard may be obtained from www.astm.org.
7 Reprinted, with permission, from ASTM F406–
24 Standard Consumer Safety Specification for
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Children have STRANGLEO wtten their necb became tllpped between accessorieS and play yard framet.
• Remove the accessary anytime the chld Is In the play yard.
Figure 3. Strangulation Hazard Warning Label7
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STRANGULATION HAZARD
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B. Non-Substantive Changes in ASTM
F406–24
ASTM F406–24 incorporates
numerous other marking, labeling, and
instructional literature requirements per
the recommendations from ASTM’s Ad
Hoc Language Task Group and
additional changes to provide clearer
and more complete warnings and
instructions. ASTM juvenile products
standards have begun adopting ‘‘Ad
Hoc’’ recommendations since 2016, to
increase the consistency of on-product
warning design among juvenile
products, and to address numerous
warning format issues related to
capturing consumer attention,
improving readability, and increasing
hazard perception and avoidance
behavior. The Ad Hoc recommendations
have been improved incrementally over
the years following publication of
ASTM F406–19, warranting
corresponding improvements to the
standard, which are addressed in ASTM
F406–24.
Additional clarifications and minor
changes have been made to the marking,
labeling, and instructional literature
sections to provide clearer and more
complete safety messaging for the
subject products. For example, ASTM
F406–24 includes in Figures A1.50 to
A1.52 example warning labels to assist
manufacturers in creating warning
labels consistent with the requirements,
and to assist test labs to verify the labels
meet the requirements. In contrast,
ASTM F406–19 does not provide
example warning labels. This omission
reduces consistency between products
and makes it more difficult for
manufacturers to create labels that meet
the requirements, and for test labs to
verify that the labels meet the
requirements.
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C. Revision to 16 CFR 1220.2(b)(2)
As a result of revisions in ASTM
F406–24, this direct final rule revises 16
CFR 1220.2(b)(2) from ‘‘Do not comply
with sections 5.16.2 through 5.16.2.2 of
ASTM F406–22’’ to ‘‘Do not comply
with section 5.16.2 of ASTM F406–24.’’
Sections 5.16.2.1 through 5.16.2.2 were
removed in F406–24 and, therefore,
only section 5.16.2 must be excluded
from this rule, as section 5.16.2 solely
applies to play yards and not NFS cribs,
while the additional sections were
already removed from the 2024 version.
Therefore, the Commission is revising
the section number to reflect the
exclusion of the play yard requirement.
D. Public Comments
The Commission requested public
comment on how the revisions to ASTM
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F406–24 affect the safety of NFS cribs
and received one anonymous comment.
The commenter first asserts that
Entrapment in Accessories requirements
in section 5.15 of ASTM F406–24 do not
address the entrapment hazard present
for all openings between accessories or
accessories and the NFS crib. However,
section 8.26 of ASTM F406–24 confirms
that the entrapment hazard evaluation
and testing do apply to all openings.
Second, the comment notes that the test
procedures in section 8.26 that are
intended to evaluate free passage of a
small head probe through an exposed
opening fails to require a duration of
time for how long a test force should be
applied. The Commission directs staff to
work with the ASTM subcommittee to
address this concern.
Third, the commenter asserts that it is
unclear why full accessories would
apply to section 5.15 Entrapment in
Accessories requirements when there is
an occupant access door. As stated in
ASTM F406–24, section 5.15 applies to
full accessories if the NFS crib has ‘‘an
occupant access door in the walls of the
crib.’’ This may provide access from
outside of the NFS crib into the
occupant area underneath the full
accessory, thereby exposing a child to
an entrapment hazard in openings
underneath the full accessory. If there is
no occupant access door in the NFS crib
walls, there is no such hazard and as a
result, full accessories that attach to the
NFS crib are not subject to section 5.15.
Finally, the commenter asserts that the
section 5.15 requirements are
contradictory regarding which
requirements apply to a dependent
accessory or to a full accessory, claiming
that the different testing requirements
for each type of accessory are unclear.
ASTM F406–24 clarifies the difference
between the two types of accessories
and the testing requirements that apply
to each. Manufacturers will be directed
to conduct different entrapment testing
depending on the type of accessory at
issue, and these requirements will not
contradict once the accessory is
properly classified as a full or
dependent accessory. Section 3.1.24
specifies that play yard/non-full-size
dependent accessories ‘‘can be used
with or without a full accessory.’’
Therefore, if an accessory has the means
to mechanically attach either to a full
accessory or to the play yard, it is
classified as a play yard dependent
accessory, and therefore subject to the
entrapment requirements.
E. Assessment of ASTM F406–24
Under CPSIA section 104(b)(4)(B),
unless the Commission determines that
ASTM’s revision to a voluntary standard
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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
F406–24 related to NFS cribs improve
the safety of NFS cribs. The revised
requirements of warning labels to
address strangulation hazards now
expand the scope to which these
warnings apply, mandating that all NFS
crib accessories must have compliant
warning labels.
III. Incorporation by Reference
Section 1220.2(a) of the direct final
rule incorporates by reference ASTM
F406–24. 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
summarizes the revised provisions of
ASTM F406–24 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–
24 is available for viewing on ASTM’s
website at: 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:
www.astm.org/READINGLIBRARY.
Additionally, interested parties can
purchase a copy of ASTM F406–24 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 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
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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,8 the phthalates prohibitions
in section 108 of the CPSIA.9 10 11 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 laboratories) for
testing NFS cribs, and codified the
requirement at 16 CFR 1112.15(b)(6).
The modifications to warning labels
and accessory definitions for NFS cribs
in ASTM F406–24 do not establish new
testing requirements. Accordingly, the
revisions do not require that laboratories
obtain additional test equipment or new
training. The Commission considers
third party labs that are currently CPSCaccepted for 16 CFR part 1220 to have
demonstrated competence to test NFS
cribs to ASTM F406–24, as incorporated
into part 1220. Accordingly, the existing
accreditations that the Commission has
accepted for testing to this standard will
cover testing to the 2024 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
8 15
U.S.C. 1278a.
U.S.C. 2057c.
10 15 U.S.C. 2063(a)(5).
11 15 U.S.C. 2056a(d).
9 15
VerDate Sep<11>2014
18:38 Jan 30, 2025
Jkt 265001
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 F406–24
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.
Unless CPSC receives a significant
adverse comment within 30 days of this
notification, the rule will become
effective on April 5, 2025. 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.
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8681
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
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
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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.
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 F406–24
automatically will take effect as the new
mandatory standard for NFS cribs on
April 5, 2025, 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
April 5, 2025.
ddrumheller on DSK120RN23PROD with RULES1
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.
18:38 Jan 30, 2025
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. 2056a.
■
2. Revise § 1220.2 to read as follows:
§ 1220.2 Requirements for non-full-size
baby cribs.
X. Effective Date
VerDate Sep<11>2014
For the reasons discussed in the
preamble, the Commission amends 16
CFR chapter II as follows:
Jkt 265001
(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–
24, Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards, approved on August
1, 2024. 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. A free, read-only copy of
the standard is available for viewing on
the ASTM website at www.astm.org/
READINGLIBRARY/. You may also
obtain a copy from ASTM International,
100 Barr Harbor Drive, PO Box C700,
West Conshohocken, PA 19428–2959;
phone: (610) 832–9585; www.astm.org.
(b) Comply with the ASTM F406–24
standard with the following exclusions:
(1) Do not comply with sections 5.6.2
through 5.6.2.4 of ASTM F406–24.
(2) Do not comply with section 5.16.2
of ASTM F406–24.
(3) Do not comply with sections 5.19
through 5.19.2.2 of ASTM F406–24.
(4) Do not comply with section 7,
Performance Requirements for Mesh/
Fabric Products, of ASTM F406–24.
(5) Do not comply with sections 8.11
through 8.11.2.4 of ASTM F406–24.
(6) Do not comply with sections 8.12
through 8.12.2.2 of ASTM F406–24.
(7) Do not comply with sections 8.14
through 8.14.2 of ASTM F406–24.
(8) Do not comply with sections 8.15
through 8.15.3.3 of ASTM F406–24.
(9) Do not comply with sections 8.16
through 8.16.3 of ASTM F406–24.
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(10) Do not comply with sections 8.28
through 8.28.3.2 of ASTM F406–24.
(11) Do not comply with sections 8.29
through 8.29.3 of ASTM F406–24.
(12) Do not comply with sections 8.30
through 8.30.5 of ASTM F406–24.
(13) Do not comply with sections 8.31
through 8.31.9 of ASTM F406–24.
(14) Do not comply with sections
9.3.2 through 9.3.2.4 of ASTM F406–24.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2025–01721 Filed 1–30–25; 8:45 am]
BILLING CODE 6355–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 501 and 552
[GSAR Case 2024–G502; Docket No. GSA–
GSAR–2024–0022; Sequence No. 1]
RIN 3090–AK81
General Services Administration
Acquisition Regulation (GSAR);
Update to OMB Approval Table
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule; postponement of
effectiveness.
AGENCY:
The General Services
Administration is postponing the
effectiveness of amendments that
appeared in the Federal Register on
December 27, 2024, to provide for a 60day postponement of the effectiveness
in compliance with the Presidential
Memorandum titled Regulatory Freeze
Pending Review, signed on January 20,
2025, by President Donald J. Trump.
DATES: This rule is effective March 27,
2025. As of January 31, 2025, the
effectiveness of the amendments to 48
CFR parts 501 and 552 published at 89
FR 105474, December 27, 2024, are
postponed until March 27, 2025.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Adina Torberntsson, Procurement
Analyst, at gsarpolicy@gsa.gov or 720–
475–0568. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at
GSARegSec@gsa.gov or 202–501–4755.
Please cite GSAR Case 2024–G502.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Final Rule and Postponement of
Effectiveness
The General Services Administration
is postponing the effectiveness of
amendments in the General Services
Administration Acquisition Regulation
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]]>Agencies
[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Rules and Regulations]
[Pages 8676-8682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01721]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 incorporates by reference ASTM F406,
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards, with modifications that exclude sections of ASTM F406 that
apply to play yards exclusively. 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. On August 1, 2024, ASTM approved a
revised voluntary standard, and this direct final rule updates the
mandatory standard for NFS cribs to incorporate by reference the 2024
version of ASTM F406.
DATES: The rule is effective on April 5, 2025, unless the Commission
receives a significant adverse comment by March 3, 2025. If the
Commission receives such a comment, it will publish a notice in the
Federal Register, withdrawing this direct final rule before its
effective date. The incorporation by reference of the publication
listed in this rule is approved by the Director of the Federal Register
as of April 5, 2025.
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 email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, 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: www.regulations.gov. Do not submit to this
website: confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to
[[Page 8677]]
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: www.regulations.gov, and insert the docket
number, CPSC-2019-0025, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Frederick DeGrano, Project Manager,
Division of Mechanical and Combustion Engineering, U.S. Consumer
Product Safety Commission, 5 Research Place, Rockville, MD 20850;
telephone: (301) 987-2711; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority and Background
A. Statutory Authority
Section 104(b) of the CPSIA requires the Commission to assess the
effectiveness of voluntary standards for durable infant or toddler
products \1\ and adopt mandatory standards for these products. 15
U.S.C. 2056a(b)(1). Mandatory standards must be ``substantially the
same as'' voluntary standards, or they may be ``more stringent'' than
the voluntary standards, if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the products. Id. Mandatory standards may be based, in
whole or in part, on a voluntary standard.
---------------------------------------------------------------------------
\1\ 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).
---------------------------------------------------------------------------
Section 104(b)(4)(B) of the CPSIA specifies the process for when a
voluntary standards organization revises a standard the Commission
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 the revision. Once the Commission receives this
notification, the Commission may reject or accept the revised standard.
To reject a revised standard, the Commission must notify the voluntary
standards organization within 90 days of receiving the notice of
revision that the Commission has determined that the revised standard
does not improve the safety of the consumer product and that CPSC is
retaining the existing standard. If the Commission does not take this
action, the revised voluntary standard will be considered a consumer
product safety standard issued under section 9 of the Consumer Product
Safety Act (CPSA) (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.\2\ 15 U.S.C.
2056a(c)(1), (2). However, Congress later limited this expanded
application of the 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). The
Commission previously updated the NFS cribs rule and did not make this
determination in those updates. 83 FR 26206 (June 6, 2018); 84 FR 56684
(Oct. 23, 2019); and 88 FR 13686 (March 6, 2023). The Commission
similarly is not making this determination for the current revision to
the NFS cribs rule. Accordingly, as specified in CPSIA section
104(c)(3), this direct final rule applies to persons that manufacture
or import cribs, but not to the other entities stated in sections
104(c)(1) and (c)(2).
---------------------------------------------------------------------------
\2\ 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): anyone (1) that manufactures,
distributes, or contracts to sell cribs; (2) with an occupation that
relates to cribs, including child care; (3) who contracts to sell/
resell, lease, sublet, or otherwise place cribs in the stream of
commerce; or (4) who owns or operates an inn, hotel, or other
establishment that provides temporary lodging. 15 U.S.C.
2056a(c)(2).
---------------------------------------------------------------------------
B. Safety Standards for NFS Cribs
On December 28, 2010, under section 104 of the CPSIA, the
Commission published the first NFS crib 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 and
exclude sections of ASTM F406-10a that apply to play yards exclusively.
75 FR 81766, at 81780.\3\
---------------------------------------------------------------------------
\3\ Commission regulations for play yards are at 16 CFR part
1221.
---------------------------------------------------------------------------
Section 1220.1(c)(1) defines a NFS crib as ``a bed that is: (i)
Designed to provide sleeping accommodations for an infant; (ii)
Intended for use in or around the home, for travel, in a child care
facility, in a family child care home, in a place of public
accommodation affecting commerce and other purposes; (iii) Has an
interior length dimension either greater than 139.7 cm (55 in.) or
smaller than 126.3 cm (49 \3/4\ in.), or, an interior width dimension
either greater than 77.7 cm (30 \5/8\ in.) or smaller than 64.3 cm (25
\3/8\ in.), or both . . . [and] (v) Does not include mesh/net/screen
cribs, nonrigidly constructed baby cribs, cradles (both rocker and
pendulum types), car beds, baby baskets, and bassinets (also known as
junior cribs).'' 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.
Since the publication of ASTM F406-10a, CPSC has updated the NFS
cribs rule three times, adopting ASTM F406-17 in 2018 (83 FR 26206
(June 6, 2018)), ASTM F406-19 in 2019 (84 FR 56684 (Oct. 23, 2019)),
and ASTM F406-23 in 2023 (88 FR 13686 (March 6, 2023)). In all 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 all cases, CPSC also
maintained the exceptions listed in section 1220.2(b), which lists
sections of the voluntary standard that solely apply to play yards.
On October 7, 2024, ASTM notified the Commission that it had
approved and published a newly revised version of the voluntary
standard, ASTM F406-24. As explained in section II.A of this preamble,
ASTM F406-24 contains two substantive revisions to the voluntary
standard that improve the safety of NFS cribs. One modification
clarifies the definitions of ``play yard/non-full-size crib dependent
accessory'' and ``full accessory.'' The other revision addresses
strangulation hazards by revising warning labels to expand the scope of
the warning label requirements to all NFS crib accessories and not just
those intended to be removed when the NFS crib is occupied. Part II.B
of this preamble describes non-substantive clarifications in the
revised voluntary standard.
On October 25, 2024, the Commission published in the Federal
Register a Notice of Availability, requesting comment on whether the
revision improves the safety of NFS baby cribs
[[Page 8678]]
and/or play yards. 89 FR 85077. CPSC received one anonymous comment
addressing safety in both NFS cribs and play yards, which is discussed
below.
Pursuant to CPSIA section 104, the revised voluntary standard will
take effect as the new mandatory standard for NFS cribs on April 5,
2025, unless the Commission specifies a later date in the Federal
Register or notifies ASTM by January 5, 2025, that it has determined
the revision does not improve the safety of NFS baby cribs. 15 U.S.C.
2056a(b)(4)(B). Based on staff's evaluation of ASTM F406-24 and
consideration of the comment received, the Commission will allow ASTM
F406-24 to become the new consumer product safety standard for NFS
cribs because it improves safety. ASTM F406-24 will become the
mandatory consumer product safety standard for NFS cribs on April 5,
2025. 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 F406-24, with modifications that
maintain the exclusion of requirements that apply solely to play
yards.\4\
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\4\ On December 17, 2024, the Commission voted (5-0) to publish
this direct final rule.
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II. Description of ASTM F406-24 Related to NFS Cribs
The ASTM standard for NFS cribs includes performance requirements,
test methods, and requirements for marking, labeling, and instructional
literature, to address hazards associated with NFS cribs. The 2024
revision to the voluntary standard, ASTM F406, includes substantive and
non-substantive revisions, as described in sections II.A and B.
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\5\ Reprinted, with permission, from ASTM F406-24 Standard
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play
Yards, copyright ASTM International. A copy of the complete standard
may be obtained from www.astm.org.
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A. Substantive Changes in ASTM F406-24
1. NFS Crib Accessories Definitions
ASTM F406-24 revises the definitions for ``play yard/non-full-size
crib dependent accessory'' and for ``full accessory'' to improve
clarity of the classification of certain types of accessories and the
performance requirements to which they are subject. Section 3.1.24
defines a ``play yard/non-full-size crib dependent accessory'' as being
a component such as a bassinet or changing table that attaches to the
NFS crib, but the revision now clarifies that a dependent accessory
``can be used with or without a full accessory, and does not fully
cover the top opening of the play yard/non-full size crib''. The prior
definition did not confirm the accessory's relation to a full accessory
or that this accessory does not fully cover the top of a NFS crib.
Further, the revised definition plainly states that such accessories
expose occupants ``to gaps or openings that may create an entrapment
hazard.'' The revised discussion language in section 3.1.24.2 again
confirms that this accessory ``does not fully cover the top opening of
the play yard/non-full-size crib.'' Figure 1 below provides an example
of a changing table accessory that attaches to the top frame of the
play yard/non-full-size crib and is therefore classified as a play
yard/non-full-size crib dependent accessory.
[GRAPHIC] [TIFF OMITTED] TR31JA25.000
[[Page 8679]]
Section 3.1.11 defines a ``full accessory'' as any accessory that
fully covers the top opening of a NFS crib without gaps or openings
``that would expose the occupant to an entrapment hazard.'' ASTM F406-
24 adds section 3.1.11.3 to clarify that play yards that can convert to
other products are not considered full accessories. The converted
products (i.e., products that convert from NFS cribs to another
product, such as a bassinet) are subject to requirements or regulations
that apply to the converted-to-product's product category, such as the
requirements for bassinets, and no longer to the requirements for NFS
cribs. These revisions work to clarify the definitions of NFS crib
accessories and which category of product an item may fall under. This
change does not exclude full accessories that are attached to NFS cribs
and that have not yet been, but can be converted, into other products.
Figure 2 below shows an example of a changing table that can only be
attached to the full bassinet accessory, and therefore, it is also
considered a full accessory unlike the changing table in Figure 1 which
only attaches directly to the play yard/non-full-size crib. The
Commission considers these changes to the accessories definitions as a
neutral impact on safety.
[GRAPHIC] [TIFF OMITTED] TR31JA25.001
2. Strangulation Warning Labels
NFS cribs with attaching accessories present a risk of
strangulation in openings between attached accessories and the NFS
crib's frame. To reduce this hazard, ASTM F406-24 specifies
requirements for warning labels, as defined in section 9.6.3 of ASTM
F406-24. The previous requirement stated that the manufacturer should
add a general description of the hazard relevant to the product,
including the nonspecific phrase, ``[s]tatement describing the
hazard.'' ASTM F406-24 revises the warning label requirement by
explicitly specifying that there is a strangulation hazard, which is
more compelling and vivid in describing the hazard and how to avoid it.
ASTM F406-24 requires that the warning shall state, ``STRANGULATION
HAZARD Children have STRANGLED when their necks became trapped . . .
.''
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\6\ Reprinted, with permission, from ASTM F406-24 Standard
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play
Yards, copyright ASTM International. A copy of the complete standard
may be obtained from www.astm.org.
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Further, ASTM F406-24 expands the scope of products to which these
warning labels apply, to now include all accessories, not just
accessories that are intended to be removed from the NFS crib when it
is occupied as previously required. As revised, the warning labels now
apply to ``each play yard/non-full size crib dependent accessory and
full accessory.'' Therefore, the revision applies to all full
accessories and play yard/NFS crib dependent accessories rather than
only play yard/NFS crib dependent accessories. The Commission
determines that any accessory attached to the top or within the
occupant area, regardless of the type of accessory, presents a
strangulation hazard when a child is in the occupant area. Therefore,
this change in ASTM F406-24 is an improvement in safety. Figure 3
provides an example of the new strangulation hazard warning label
language requirements:
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\7\ Reprinted, with permission, from ASTM F406-24 Standard
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play
Yards, copyright ASTM International. A copy of the complete standard
may be obtained from www.astm.org.
[GRAPHIC] [TIFF OMITTED] TR31JA25.002
[[Page 8680]]
B. Non-Substantive Changes in ASTM F406-24
ASTM F406-24 incorporates numerous other marking, labeling, and
instructional literature requirements per the recommendations from
ASTM's Ad Hoc Language Task Group and additional changes to provide
clearer and more complete warnings and instructions. ASTM juvenile
products standards have begun adopting ``Ad Hoc'' recommendations since
2016, to increase the consistency of on-product warning design among
juvenile products, and to address numerous warning format issues
related to capturing consumer attention, improving readability, and
increasing hazard perception and avoidance behavior. The Ad Hoc
recommendations have been improved incrementally over the years
following publication of ASTM F406-19, warranting corresponding
improvements to the standard, which are addressed in ASTM F406-24.
Additional clarifications and minor changes have been made to the
marking, labeling, and instructional literature sections to provide
clearer and more complete safety messaging for the subject products.
For example, ASTM F406-24 includes in Figures A1.50 to A1.52 example
warning labels to assist manufacturers in creating warning labels
consistent with the requirements, and to assist test labs to verify the
labels meet the requirements. In contrast, ASTM F406-19 does not
provide example warning labels. This omission reduces consistency
between products and makes it more difficult for manufacturers to
create labels that meet the requirements, and for test labs to verify
that the labels meet the requirements.
C. Revision to 16 CFR 1220.2(b)(2)
As a result of revisions in ASTM F406-24, this direct final rule
revises 16 CFR 1220.2(b)(2) from ``Do not comply with sections 5.16.2
through 5.16.2.2 of ASTM F406-22'' to ``Do not comply with section
5.16.2 of ASTM F406-24.'' Sections 5.16.2.1 through 5.16.2.2 were
removed in F406-24 and, therefore, only section 5.16.2 must be excluded
from this rule, as section 5.16.2 solely applies to play yards and not
NFS cribs, while the additional sections were already removed from the
2024 version. Therefore, the Commission is revising the section number
to reflect the exclusion of the play yard requirement.
D. Public Comments
The Commission requested public comment on how the revisions to
ASTM F406-24 affect the safety of NFS cribs and received one anonymous
comment. The commenter first asserts that Entrapment in Accessories
requirements in section 5.15 of ASTM F406-24 do not address the
entrapment hazard present for all openings between accessories or
accessories and the NFS crib. However, section 8.26 of ASTM F406-24
confirms that the entrapment hazard evaluation and testing do apply to
all openings. Second, the comment notes that the test procedures in
section 8.26 that are intended to evaluate free passage of a small head
probe through an exposed opening fails to require a duration of time
for how long a test force should be applied. The Commission directs
staff to work with the ASTM subcommittee to address this concern.
Third, the commenter asserts that it is unclear why full
accessories would apply to section 5.15 Entrapment in Accessories
requirements when there is an occupant access door. As stated in ASTM
F406-24, section 5.15 applies to full accessories if the NFS crib has
``an occupant access door in the walls of the crib.'' This may provide
access from outside of the NFS crib into the occupant area underneath
the full accessory, thereby exposing a child to an entrapment hazard in
openings underneath the full accessory. If there is no occupant access
door in the NFS crib walls, there is no such hazard and as a result,
full accessories that attach to the NFS crib are not subject to section
5.15. Finally, the commenter asserts that the section 5.15 requirements
are contradictory regarding which requirements apply to a dependent
accessory or to a full accessory, claiming that the different testing
requirements for each type of accessory are unclear. ASTM F406-24
clarifies the difference between the two types of accessories and the
testing requirements that apply to each. Manufacturers will be directed
to conduct different entrapment testing depending on the type of
accessory at issue, and these requirements will not contradict once the
accessory is properly classified as a full or dependent accessory.
Section 3.1.24 specifies that play yard/non-full-size dependent
accessories ``can be used with or without a full accessory.''
Therefore, if an accessory has the means to mechanically attach either
to a full accessory or to the play yard, it is classified as a play
yard dependent accessory, and therefore subject to the entrapment
requirements.
E. Assessment of ASTM F406-24
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 F406-24 related to NFS cribs improve the
safety of NFS cribs. The revised requirements of warning labels to
address strangulation hazards now expand the scope to which these
warnings apply, mandating that all NFS crib accessories must have
compliant warning labels.
III. Incorporation by Reference
Section 1220.2(a) of the direct final rule incorporates by
reference ASTM F406-24. 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
summarizes the revised provisions of ASTM F406-24 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 F406-24 is
available for viewing on ASTM's website at: 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: www.astm.org/READINGLIBRARY. Additionally, interested parties can purchase a copy of
ASTM F406-24 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 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
[[Page 8681]]
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,\8\ the phthalates prohibitions in section 108 of the
CPSIA.9 10 11 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 laboratories) for testing NFS cribs, and codified the
requirement at 16 CFR 1112.15(b)(6).
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\8\ 15 U.S.C. 1278a.
\9\ 15 U.S.C. 2057c.
\10\ 15 U.S.C. 2063(a)(5).
\11\ 15 U.S.C. 2056a(d).
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The modifications to warning labels and accessory definitions for
NFS cribs in ASTM F406-24 do not establish new testing requirements.
Accordingly, the revisions do not require that laboratories 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 ASTM F406-24, as
incorporated into part 1220. Accordingly, the existing accreditations
that the Commission has accepted for testing to this standard will
cover testing to the 2024 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 F406-24
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.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on April 5, 2025.
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 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
[[Page 8682]]
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 F406-24 automatically will take effect as the new
mandatory standard for NFS cribs on April 5, 2025, 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 April 5, 2025.
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. 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
F406-24, Standard Consumer Safety Specification for Non-Full-Size Baby
Cribs/Play Yards, approved on August 1, 2024. 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. A free, read-only copy of the standard is available
for viewing on the ASTM website at www.astm.org/READINGLIBRARY/. You
may also obtain a copy from ASTM International, 100 Barr Harbor Drive,
PO Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585;
www.astm.org.
(b) Comply with the ASTM F406-24 standard with the following
exclusions:
(1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-
24.
(2) Do not comply with section 5.16.2 of ASTM F406-24.
(3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
24.
(4) Do not comply with section 7, Performance Requirements for
Mesh/Fabric Products, of ASTM F406-24.
(5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
24.
(6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
24.
(7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
24.
(8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
24.
(9) Do not comply with sections 8.16 through 8.16.3 of ASTM F406-
24.
(10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM
F406-24.
(11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
24.
(12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
24.
(13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
24.
(14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM
F406-24.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2025-01721 Filed 1-30-25; 8:45 am]
BILLING CODE 6355-01-P
