[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Rules and Regulations]
[Pages 8368-8374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01658]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1221
[Docket No. CPSC-2011-0064]
Safety Standard for Play Yards
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In August 2012, the U.S. Consumer Product Safety Commission
(CPSC or Commission) published a consumer product safety standard for
play yards 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 non-
full-size (NFS) cribs 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. In September 2024, ASTM published a
revised voluntary standard, and this direct final rule updates the
mandatory standard for play yards 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 February 28, 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-2011-
0064, 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: https://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 the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2011-0064, 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:
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'' applicable 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. Accordingly, mandatory
standards may be based, in whole or in part, on a voluntary standard.
---------------------------------------------------------------------------
\1\ Section 104(f)(2)(F) of the CPSIA lists play yards as a
durable infant or toddler product. 15 U.S.C. 2056a(f)(2)(F).
---------------------------------------------------------------------------
Section 104(b)(4)(B) of the CPSIA specifies the process for when a
voluntary standards organization revises a standard the Commission has
incorporated by reference under section 104(b)(1). 15 U.S.C.
2056a(b)(4)(B). First, the voluntary standards organization must notify
the Commission of 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, then 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).
B. Safety Standards for Play Yards
On August 29, 2012, under section 104 of the CPSIA, the Commission
published the first play yards rule that incorporated by reference ASTM
F406-12a, Standard Consumer Safety Specification for Non-Full-Size
Cribs/Play Yards, as the mandatory standard, with modifications that
exclude sections
[[Page 8369]]
of ASTM F406-12a that apply to NFS cribs exclusively. 77 FR 52220, at
52226.\2\
---------------------------------------------------------------------------
\2\ Commission regulations for non-full-size baby cribs are at
16 CFR part 1220.
---------------------------------------------------------------------------
CPSC regulations define a play yard, also known as a playpen, as
``a framed enclosure that includes a floor and has mesh or fabric sided
panels primarily intended to provide a play or sleeping environment for
children. It may fold for storage or travel.'' 16 CFR 1220.1(c)(2).
After the publication of ASTM F406-12a, ASTM published revisions to
ASTM F406 in 2013, 2019, and 2022. CPSC updated the play yard rule
twice, adopting ASTM F406-13 in 2013 (78 FR 50328 (August 19, 2013)),
and adopting ASTM F406-19 in 2019 (84 FR 56684 (October 23, 2019)). For
both updates, CPSC accepted the revised voluntary standard as the
mandatory standard for play yards and updated the incorporation by
reference in 16 CFR part 1221 to reflect the revised voluntary
standard. In both cases, CPSC also maintained the exceptions listed in
section 1221.2(b), which lists sections of the voluntary standard that
solely apply to NFS cribs and therefore are not incorporated in the
play yards standard. CPSC declined to update the play yards rule based
on the revisions in ASTMF406-22 because the Commission determined that
adding performance requirements to allow mattresses greater than 1.5
inches was a reduction in safety.\3\
---------------------------------------------------------------------------
\3\ On February 22, 2023, the Commission voted unanimously (4-0)
to determine that ASTM F406-22 does not improve the safety of play
yards and that the Commission is retaining the existing standard for
play yards in 16 CFR part 1221, available at https://www.cpsc.gov/content/RCA-ASTMs-Notice-of-a-Revised-Voluntary-Standard-for-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 four substantive revisions that improve the
safety of play yards. One clarifies the definitions of ``play yard/non-
full-size crib dependent accessory'' and ``full accessory.'' The second
addresses strangulation hazards by expanding the scope of the warning
label requirements to all play yard accessories and not just those
intended to be removed when the play yard is occupied. The third adds a
new requirement to limit the length of loops for cords/straps and by
specifying a test to measure the perimeter of cord/strap loops for play
yards. Lastly, the fourth modifies the warning label requirements
pertaining to products that have separate, removable mattresses that
are not permanently fixed in place.
Revisions to ASTM F406-24 include changes that remove the
requirements, added in ASTM F406-22, for play yard mattresses 1.5 to 2
inches thick and the gap measurement test for play yard mattresses 1.5
to 2 inches thick. Removing these requirements reverts the voluntary
standard to the previous requirements in ASTM F406-19 for mattress
thickness and realigns the mattress requirements in the voluntary
standard with 16 CFR part 1221; both limit play yards' mattress
thickness to 1.5 inches. Therefore, these are not considered changes to
the 2019 voluntary standard currently incorporated by reference in 16
CFR part 1221, and they have no impact on safety.
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
2024 revision improves the safety of NFS baby cribs and/or play yards.
89 FR 85077. CPSC received one anonymous comment addressing the safety
of play yards (as well as NFS cribs), which is discussed below.
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 play yards because it
improves safety. Pursuant to CPSIA section 104, the revised voluntary
standard will take effect as the new mandatory standard for play yards
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 play yards. 15
U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR part 1221
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 NFS cribs.\4\
---------------------------------------------------------------------------
\4\ On December 17, 2024, the Commission voted (5-0) to publish
this direct final rule.
---------------------------------------------------------------------------
II. Description of ASTM F406-24 Related to Play Yards
The ASTM standard for play yards includes performance requirements,
test methods, and requirements for marking, labeling, and instructional
literature, to address hazards to children associated with play yards.
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. Play Yard Accessories Definitions
ASTM F406-24 revises the definitions for ``play yard/non-full-size
crib dependent accessory'' and for ``full accessory'' to clarify the
classification of certain types of accessories and the performance
requirements to which they are subject. These revisions address
ambiguity in the previous definitions, but in the Commission's
assessment they do not change the scope of the accessories to which the
definition applies. Section 3.1.24 defines a ``play yard/non-full-size
crib dependent accessory'' as a component, such as a bassinet or
changing table, that attaches to the play yard, 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 specifically
confirm the dependent accessory's relation to a full accessory or that
this accessory does not fully cover the top of a play yard. The revised
discussion language in section 3.1.24.2 again confirms that this
dependent 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.
[[Page 8370]]
[GRAPHIC] [TIFF OMITTED] TR29JA25.011
Section 3.1.11 defines a ``full accessory'' as any accessory that
fully covers the top opening of a play yard 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 play yards 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 bassinet, and not to the requirements for play yards.
These revisions clarify the definitions of play yard accessories and
which category of product an item may fall under. Figure 2 below shows
an example of a changing table that can only be attached to the full
bassinet accessory, and therefore, is also considered a full accessory
(unlike the changing table in Figure 1, which only attaches directly to
the play yard).
---------------------------------------------------------------------------
\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.
[GRAPHIC] [TIFF OMITTED] TR29JA25.012
The Commission considers these changes to the accessories'
definitions as an improvement in safety because they clarify the
requirements of the standard.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
2. Strangulation Warning Labels
Play yards with attaching accessories present a risk of
strangulation in openings between attached accessories and the play
yard's frame. To better warn about this hazard, ASTM F406-24 revises
requirements for warning labels 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 so that labels explicitly specify
that there is a strangulation hazard, which ensures a compelling and
vivid description of the hazard and how to avoid it. Figure 3 provides
an example of the new strangulation hazard warning label
[[Page 8371]]
language requirements, which improve safety.
---------------------------------------------------------------------------
\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] TR29JA25.013
Further, ASTM F406-24 expands the scope of products to which these
warning label requirements apply, to now include all accessories, not
just accessories that are intended to be removed from the play yard
when it is occupied as previously required in ASTM F406-19. As revised,
the warning label requirement now applies 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.
3. Length of Cords/Straps
ASTM F406-24 includes two changes related to the length of cords
and straps for play yards: limiting the length of loops for cords/
straps and specifying a test to measure the perimeter of cord/strap
loops.\8\ These changes were first made in the previous revision, ASTM
F406-22, and therefore, are a change to the play yard rule which
currently incorporates ASTM F406-19.
---------------------------------------------------------------------------
\8\ ASTM F406-24 defines a ``cord'' as a length of slender
flexible material, including monofilaments, rope, woven and twisted
cord, plastic and textile tapes, ribbon, and materials commonly
called string. ASTM F406-24 defines a ``strap'' as a piece of
flexible material of which the width is significantly greater than
the thickness.
---------------------------------------------------------------------------
The play yard rule currently only limits the free length of cords
and straps to address the strangulation hazard posed if the cord or
strap, alone, wraps around an infant's neck. Yet cords or straps, such
as those used to secure an infant on top of a changing table accessory,
when either connected or entangled together, may form a loop when
hanging below the accessory that presents a risk of strangulation
around the neck. To reduce this hazard in part, ASTM F406-19 specified
requirements for accessories, as defined in sections 3.1.1 and 3.1.4,
that have cords or straps that can form a loop. The perimeter length of
these cords/straps is limited to no more than 16.3 inches. ASTM F406-22
and F406-24 make this a general requirement so that the cord length
limit now applies to the whole of in-scope products and not just to the
attachment of accessories. The revision limits the maximum permissible
perimeter length of a loop such that the standard small head probe,
which is based on the head circumference of a 5th percentile 6-month-
old child, cannot fit through the loop, thus preventing a strangulation
hazard. This change makes all cords or straps, whether attached to the
play yard or to an accessory feature, subject to the loop requirement.
ASTM F406-22 (and ASTM F406-24) revisions also clarify and improve
the test method in section 8.24.1 to measure the free-hanging length of
single cords/straps, now stating: ``Using a \3/4\ in. (19 mm) diameter
clamping surface (Fig. A1.29), gradually apply a 5 lbf (22 N) force to
the end of each cord/strap in its fully-extended configuration.''
Testing a strap to ``its fully-extended configuration'' ensures that a
strap with an adjustable length and a sliding buckle is tested to the
strap's maximum length. The update also adds that any hardware attached
to the cords/straps, such as buckles, are included in the length
measurement. Lastly, the update specifies that if multiple cords/straps
attach to the product in the same location, they are treated as
separate and measured individually.
The Commission finds that the updates to the cord/strap
requirements in ASTM F406-22 (and ASTM F406-24) are an improvement in
safety.\9\ The loop requirement that addresses a strangulation risk,
which in ASTM F406-19 was applicable only to cords/straps attached to
accessories, is now a general requirement that applies to all parts of
in-scope products. The changes to the free-length measurement test
method also improve safety by including adjustable straps, buckles, and
other hardware in the length measurement.
---------------------------------------------------------------------------
\9\ The Commission previously determined that the same updates
to the cord/strap requirements in ASTM F406-22 were an improvement
in safety with respect to non-full-size cribs. Safety Standard for
Non-Full-Size Baby Cribs, 88 FR 13686, at 13689 (March 6, 2023).
---------------------------------------------------------------------------
4. Warning Labels Pertaining to Removable Mattresses
ASTM F406-24 revises the warning label requirements pertaining to
products that have separate, removable mattresses that are not
permanently fixed in place. Currently, the play yard rule specifies
that the warning shall state: ``Use ONLY mattress/pad provided by
manufacturer.'' ASTM F406-24 updates this language to state: ``Use ONLY
mattress/pad provided with this product'' rather than the ``mattress/
pad provided by manufacturer.'' ASTM F406-24 also adds the option for
the warning label to either: (1) instruct the consumer to contact the
manufacturer of the product if a replacement mattress is needed; or (2)
specify to use only a mattress that specifically identifies the brand
and model number of the product.
This change effectively provides manufacturers with the option to
either specify that only the manufacturer's mattresses fabricated for
the specific product can be used with the product or allow mattresses
made by third-party manufacturers to be used with the product, provided
that they comply with the mattress requirements specified in 16 CFR
part 1241, Safety Standard for Crib Mattresses. Part 1241
[[Page 8372]]
requires all after-market mattresses to comply with the relevant
performance and labeling requirements for mattresses in ASTM F406. Part
1241 also requires all after-market mattresses to specify on a label
the brand(s) and model number(s) of the product(s) in which the
mattress is intended to be used. 16 CFR 1241.2 (b)(22)(v). Presently,
there is a wide variety of after-market mattresses in the market, which
can create uncertainty and confusion with consumers on what can be
safely used with their product. This change, in combination with the
labeling requirements in part 1241, adds clarity and ensures that the
correct mattress is used in the play yard to reduce the risks of
hazards associated with infant sleep such as gap entrapment and
suffocation.
Reviewing the revision's effect on safety under CPSIA section
104(b)(4)(B), the Commission finds that the updates to the warning
label requirements for removable mattresses in ASTM F406-24 are an
improvement in safety. This update provides additional instruction to
the consumer to ensure that only the proper mattresses are used with
their product, ensuring a safe sleep environment for infants.
B. Non-Substantive Changes in ASTM F406-24
ASTM F406-24 incorporates numerous other marking, labeling, and
instructional literature revisions per the recommendations from ASTM's
Ad Hoc Language Task Group. 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 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. 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. The 2024 addition should improve consistency among
products while making it easier for manufacturers to create labels that
meet the requirements, and for test labs to verify that the labels meet
the requirements.
Although they do not materially change the substantive requirements
for play yards, these revisions in ASTM F406-24 do improve safety by
providing clearer and more complete safety messaging for the subject
products.
C. Revision to 16 CFR 1221.2(b)(5)
As a result of revisions in ASTM F406-24, this direct final rule
revises 16 CFR 1221.2(b)(5) from ``Instead of complying with section
9.4.2.10 of ASTM F406-19, comply only with the following: (i) 9.4.2.10
For products that have a separate mattress that is not permanently
fixed in place: Use ONLY mattress/pad provided by manufacturer'' to
``Do not comply with 9.5.2.1 of ASTM F406-24.'' Section 9.5.2.1 of ASTM
F406-24 is a requirement that only applies to NFS cribs. In ASTM F406-
19, the requirements for both NFS cribs and play yards were written in
section 9.4.2.10, and the CPSC mandatory standard for play yards
excluded the part of the requirement that applied only to NFS cribs at
16 CFR 1221.2(b)(5)(i). In ASTM F406-24, the requirements are separated
out to include the requirements for NFS cribs in section 9.5.2.1.
Therefore, the Commission is revising the section number reference to
reflect the exclusion of the NFS crib requirement.
D. Public Comments
The Commission requested public comment on how the revisions to
ASTM F406-24 affect the safety of play yards 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 play yard. 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 fail to specify a duration of time for
how long a test force should be applied. Although the performance
requirements in section 8.26 in ASTM F406-24 do not differ from section
8.26 in ASTM F406-19, the Commission agrees with the commenter that
this section deserves further review. The Commission expects CPSC staff
to continue to work with the ASTM subcommittee to consider the
commenter's concern.
Third, the commenter asserts that it is unclear why section 5.15
Entrapment in Accessories requirements would apply to full accessories
when there is an occupant access door. As stated in ASTM F406-24,
section 5.15 applies to full accessories if the play yard has ``an
occupant access door in the walls of the play yard.'' Such an opening
may provide access from outside of the play yard into the occupant area
underneath the full accessory, thereby exposing a child to an
entrapment hazard. If there is no occupant access door in the play yard
walls, there is no such hazard, and as a result, the fact that full
accessories that attach to the play yard are not subject to section
5.15 does not reduce safety.
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
directs manufacturers to conduct different entrapment testing depending
on the type of accessory at issue. Once an accessory is properly
classified as a full or dependent accessory, the applicable section
5.15 requirement would apply. Section 3.1.24, for example, specifies
that play yard/non-full-size crib dependent accessories ``can be used
with or without a full accessory.'' Therefore, the fact that an
accessory has the means to mechanically attach either to a full
accessory or to the play yard causes it to be classified as a play yard
dependent accessory, and therefore subject to the section 5.15
requirements for dependent accessories and not any other requirement
that may be contradictory.
E. Summary of 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 play yards improves the
safety of play yards, as do the non-substantive changes addressed in
section II.B.
III. Incorporation by Reference
Section 1221.2(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
[[Page 8373]]
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 1221. 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: cpsc-os@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 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 play yards are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products for compliance with 16 CFR part 1221. Products subject to
part 1221 also must be compliant with all other applicable CPSC
requirements, such as the lead content requirements in section 101 of
the CPSIA,\10\ and the phthalates prohibitions in section 108 of the
CPSIA,\11\ and 16 CFR 1307.\12\ \13\ 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 (i.e., third party laboratories) for
testing play yards, and codified the requirement at 16 CFR
1112.15(b)(7).
---------------------------------------------------------------------------
\10\ 15 U.S.C. 1278a.
\11\ 15 U.S.C. 2057c.
\12\ 15 U.S.C. 2063(a)(5).
\13\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------
The modifications to the straps and cord requirements for play
yards in ASTM F406-24 use testing requirements that are substantially
the same as existing requirements for cords and straps on accessories
and are already required for NFS cribs under 16 CFR part 1220.\14\
Accordingly, the new cord/strap requirements 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 1221 to have demonstrated competence to test play yards
to the revised ASTM F406-24, as incorporated into part 1221.
Accordingly, the existing accreditations that the Commission has
accepted for testing to this standard will cover testing to the revised
standard. The existing NOR for the Safety Standard for Play Yards will
remain in place, and CPSC-accepted third party labs are expected to
update the scope of their accreditations to reflect the revised play
yards standard in the normal course of renewing their accreditations.
---------------------------------------------------------------------------
\14\ 88 FR 13686.
---------------------------------------------------------------------------
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)(4)(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 play yards, 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)(4)(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. 5 U.S.C. 601-612. 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
[[Page 8374]]
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 play yards 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 play
yard does not alter these requirements. The Commission took the steps
required by the PRA for information collections when it adopted 16 CFR
part 1221, including obtaining approval and a control number. Because
the information collection is unchanged, the revision does not affect
the information collection requirements or approval related to the
standard.
VIII. Environmental Considerations
The Commission's regulations provide for a categorical exclusion
from any requirement to prepare an environmental assessment or an
environmental impact statement where they ``have little or no potential
for affecting the human environment.'' 16 CFR 1021.5(c)(2). This rule
falls within the categorical exclusion, so no environmental assessment
or environmental impact statement is required.
IX. Preemption
Section 26(a) of the CPSA provides that where a consumer product
safety standard is in effect and applies to a product, no state or
political subdivision of a state may either establish or continue in
effect a requirement dealing with the same risk of injury unless the
state requirement is identical to the Federal standard. 15 U.S.C.
2075(a). Section 26(c) of the CPSA also provides that states or
political subdivisions of states may apply to CPSC for an exemption
from this preemption under certain circumstances. Section 104(b) of the
CPSIA deems rules issued under that provision ``consumer product safety
standards.'' Therefore, once a rule issued under section 104 of the
CPSIA takes effect, it will preempt in accordance with section 26(a) of
the CPSA.
X. Effective Date
Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
when a voluntary standards organization revises a standard that the
Commission adopted as a mandatory standard, the revision becomes the
CPSC standard 180 days after notification to the Commission, unless the
Commission determines that the revision does not improve the safety of
the product, or the Commission sets a later date in the Federal
Register. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of
those actions with respect to the revised standard for play yards.
Therefore, ASTM F406-24 automatically will take effect as the new
mandatory standard for play yards 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 1221
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, Safety, and Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1221--SAFETY STANDARD FOR PLAY YARDS
0
1. Revise the authority citation for part 1221 to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise Sec. 1221.2 to read as follows:
Sec. 1221.2 Requirements for play yards.
(a) Except as provided in paragraph (b) of this section, each play
yard 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: Office of the Secretary, U.S.
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814, telephone (301) 504-7479, email: cpsc-os@cpsc.gov. For
information on the availability of this material at NARA, email
fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. A free, read-only copy of the standard is
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may also obtain a copy from ASTM International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
phone: (610) 832-9585; www.astm.org.
(b) Comply with the ASTM F406-24 standard with the following
exclusions:
(1) Do not comply with section 5.17 of ASTM F406-24.
(2) Do not comply with section 5.20 of ASTM F406-24.
(3) Do not comply with section 6, Performance Requirements for
Rigid Sided Products, of ASTM F406-24.
(4) Do not comply with section 8.1 through 8.10.5 of ASTM F406-24.
(5) Do not comply with section 9.5.2.1 of ASTM F406-24.
(6) Do not comply with section 10.1.1.1 of ASTM F406-24.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2025-01658 Filed 1-28-25; 8:45 am]
BILLING CODE 6355-01-P