Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 4961 

1The modifications included changes to the 

required warning label content and a revised test 

method to address an omission in the voluntary 

standard for toy mobiles attached to swings. 

carried out in a manner that minimizes any 

adverse impact on Sanctuary resources and 

qualities. In the event of threatened or actual 

destruction of, loss of, or injury to a 

Sanctuary resource or quality resulting from 

an untoward incident, including but not 

limited to spills and groundings, caused by 

a component of the Department of Defense, 

the cognizant component shall promptly 

coordinate with the Director for the purpose 

of taking appropriate actions to respond to 

and mitigate the harm and, if possible, 

restore or replace the Sanctuary resource or 

quality. 

Article VI—Alterations to This Designation 

The terms of designation may be modified 

only by the same procedures by which the 

original designation is made, including 

public hearings; consultation with any 

appropriate Federal, State, regional and local 

agencies; review by the appropriate 

Congressional committees; and approval by 

the Secretary of Commerce or designee. 

[FR Doc. 2021–00887 Filed 1–15–21; 8:45 am] 

BILLING CODE 3510–NK–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1223 

[Docket No. CPSC–2013–0025] 

Revisions to Safety Standard for Infant 

Swings 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: In November 2012, the U.S. 

Consumer Product Safety Commission 

(CPSC) published a consumer product 

safety standard for infant swings under 

section 104 of the Consumer Product 

Safety Improvement Act of 2008 

(CPSIA). The standard incorporated by 

reference the ASTM voluntary standard 

that was in effect for infant swings at the 

time. 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. Consistent with the 

CPSIA update process, the Commission 

issued a direct final rule in October 

2013, to revise the incorporation by 

reference for the mandatory swings 

standard, to reflect ASTM’S revised 

voluntary standard. Since 2013, ASTM 

has revised the voluntary standard for 

infant swings three times. This direct 

final rule updates the mandatory 

standard for infant swings to 

incorporate by reference ASTM’s 2020 

version of the voluntary standard. 

DATES: The rule is effective on April 3, 

2021, unless CPSC receives a significant 

adverse comment by February 18, 2021. 

If CPSC receives such a comment, it will 

publish a notice in the Federal Register, 

withdrawing this direct final rule before 

its effective date. The incorporation by 

reference of the publication listed in 

this rule is approved by the Director of 

the Federal Register as of April 3, 2021. 

ADDRESSES: You can submit comments, 

identified by Docket No. CPSC–2013– 

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 does not accept comments 

submitted by electronic mail (email), 

except through https://

www.regulations.gov. CPSC encourages 

you to submit electronic comments by 

using the Federal eRulemaking Portal, 

as described above. 

Mail/hand delivery/courier Written 

Submissions: Submit comments by 

mail/hand delivery/courier to: Division 

of the Secretariat, Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814; telephone: (301) 504–7479. 

Alternatively, as a temporary option 

during the COVID–19 pandemic, you 

may email such submissions to: cpscos@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. CPSC may post 

all comments without change, including 

any personal identifiers, contact 

information, or other personal 

information provided, to: https://

www.regulations.gov. Do not submit 

electronically: 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 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–2013–0025, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Keysha Walker, Compliance Officer, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–6820; email: kwalker@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

1. Statutory Authority 

Section 104(b)(1) of the CPSIA 

requires the Commission to assess the 

effectiveness of voluntary standards for 

durable infant or toddler products and 

adopt mandatory standards for these 

products. 15 U.S.C. 2056a(b)(1). The 

mandatory standard must be 

‘‘substantially the same as’’ the 

voluntary standard, or may be ‘‘more 

stringent than’’ the voluntary standard, 

if the Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. Id. 

Section 104(b)(4)(B) of the CPSIA 

specifies the process for when a 

voluntary standards organization revises 

a standard that the Commission 

incorporated by reference under section 

104(b)(1). 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. The Commission may 

reject the revised standard by notifying 

the voluntary standards organization 

that it has determined that the revised 

standard does not improve the safety of 

the consumer product and that it is 

retaining the existing standard. When 

rejecting a revision, the Commission 

must notify the voluntary standards 

organization of this determination 

within 90 days of receiving notice of the 

revision. If the Commission does not 

take this action to reject the revised 

standard, the revised voluntary standard 

will be considered a consumer product 

safety standard issued under section 9 

of the Consumer Product Safety Act (15 

U.S.C. 2058), effective 180 days after the 

Commission received notification of the 

revision (or a later date specified by the 

Commission in the Federal Register). 15 

U.S.C. 2056a(b)(4)(B). 

2. Safety Standard for Infant Swings 

Under section 104(b)(1) of the CPSIA, 

the Commission adopted a mandatory 

rule for infant swings, codified in 16 

CFR part 1223. The rule incorporated by 

reference ASTM F2088–12a, Standard 

Consumer Safety Specification for 

Infant Swings, with modifications to the 

labeling and test method requirements.1

77 FR 66703 (Nov. 7, 2012). At the time 

the Commission published the final 

rule, ASTM F2088–12a was the current 

version of the voluntary standard. 

In April 2013, ASTM notified CPSC 

that it had issued a revised standard for 

infant swings, ASTM F2088–13. In 

accordance with the procedures set out 

in section 104(b)(4)(B) of the CPSIA, the 

revised standard became the new 


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2ASTM published ASTM F2088–20 in July 2020. 

3CPSC staff’s briefing memorandum regarding 

ASTM F2088–20 is available at: https://cpsc.gov/ 

s3fs-public/ASTMs-Revised-Safety-Standard-forInfant-and-Cradle-Swings.pdf?dTN6hRTePdlXPZ8

oDFUd8DGAFHvUmP5i. 

4ASTM F406–19, Section 5.15.3 states: ‘‘The 

small head probe represents the 5th percentile 6- 

month-old child because that is the youngest child 

having the developmental abilities to become 

entrapped.’’ 

mandatory standard for infant swings. 

The Commission published a direct 

final rule to update 16 CFR part 1223, 

incorporating by reference ASTM 

F2088–13, without modification. 78 FR 

37706 (June 24, 2013). After the 

Commission issued the revised 

mandatory standard in 2013, ASTM 

approved two more revisions: ASTM 

F2088–15 and ASTM F2088–19. 

However, ASTM did not officially notify 

CPSC of these revisions under CPSIA 

section 104(b)(4)(B). Consequently, 

these revised standards did not become 

the mandatory standards by operation of 

law, and the Commission did not 

update the mandatory standard to 

incorporate by reference these revised 

ASTM standards. Therefore, ASTM 

F2088–13 remained the mandatory 

standard. 

On October 5, 2020, ASTM notified 

CPSC that it had revised the voluntary 

standard for infant swings, approving 

ASTM F2088–20 on June 15, 2020.2 As 

this preamble discusses, based on CPSC 

staff’s review of ASTM F2088–20,3 the 

Commission will allow the revised 

voluntary standard to become the 

mandatory standard because the revised 

requirements in the voluntary standard 

either improve the safety of infant 

swings, or are safety neutral. 

Accordingly, by operation of law under 

section 104(b)(4)(B) of the CPSIA, 

ASTM F2088–20 will become the 

mandatory consumer product safety 

standard for infant swings on April 3, 

2021. 15 U.S.C. 2056a(b)(4)(B). This 

direct final rule updates 16 CFR part 

1223 to incorporate by reference the 

revised voluntary standard, ASTM 

F2088–20. 

B. Revisions to ASTM F2088 

The ASTM standard for infant swings 

includes performance requirements, test 

methods, and requirements for warning 

labels and instructional literature, to 

address hazards to infants associated 

with infant swings. ASTM has revised 

the voluntary standard for infant swings 

three times since ASTM F2088–13, 

which is the current mandatory 

standard. This section describes the 

changes in these three editions of the 

standard—ASTM F2088–15, ASTM 

F2088–19, and ASTM F2088–20. The 

revisions that ASTM included in the 

2015 and 2019 versions of the standard 

are also in the newly revised version, 

ASTM F2088–20, although some section 

and figure numbers have changed to 

accommodate other revisions. 

1. ASTM F2088–15 

On October 1, 2015, ASTM approved 

a revised version of the standard, ASTM 

F2088–15. ASTM did not notify the 

Commission of this revision. ASTM 

F2088–15 included one substantive 

change, several revisions to clarify 

existing requirements, and editorial 

revisions that did not alter substantive 

requirements in the standard or affect 

safety. The revisions that ASTM 

included in the 2015 version of the 

standard are also in the newly revised 

version, ASTM F2088–20. 

a. Substantive Revisions 

Section 6.5.2 of ASTM F2088–15 

states: ‘‘Swings with a maximum seat 

back angle greater than 50 degrees from 

horizontal measured in accordance with 

7.13 shall include shoulder straps as 

part of the restraint system.’’ This 

requirement was already in the standard 

in ASTM F2088–13. However, ASTM 

F2088–15 added revised procedures for 

measuring the seat back and bottom 

angles for seat designs without a defined 

intersection of the seat bottom and back 

(i.e., curved seats), by adding a new 

figure to indicate how to determine the 

intersection for curved seats (Figure 11, 

sections 7.13–7.15). ASTM F2088–15 

also added the word ‘‘gently’’ to the 

direction to ‘‘gently place the Hinged 

Weight Gage—Infant’’ in this procedure 

(sections 7.13–7.15). 

ASTM F2088–13 did not address how 

to measure seat angles for curved seat 

designs. Without a defined method, test 

laboratories were left to interpret how to 

place the Hinged Weight Gauge—Infant 

in the seat, resulting in inconsistent 

measurements among test laboratories. 

Inconsistent measurements among test 

laboratories are problematic because 

these seat back angle measurements 

determine whether the product requires 

shoulder straps. Shoulder straps provide 

additional safety for infant swings, by 

preventing infant occupants from 

slumping forward when the seat back 

angle is greater than 50 degrees. 

Therefore, greater consistency in seat 

back measurements for curved seat 

designs improves the safety of infant 

swings, by ensuring that shoulder straps 

are included for infant swings with 

larger seat back angles. 

b. Non-Substantive Revisions 

ASTM F2088–15 also added 

information to provide greater clarity to 

consumers. ASTM F2088–13 already 

required a warning statement to 

‘‘discontinue use of swing when infant 

attempts to climb out.’’ ASTM F2088–15 

added ‘‘(approximately 9 months)’’ to 

this warning, to provide additional 

guidance to consumers on when to stop 

using the product (section 8.3.1.1(3)). 

ASTM F2088–15 also added minor 

formatting changes to align with ASTM 

form and style guidelines (e.g., changed 

‘‘in’’ to ‘‘in.’’). These revisions are 

neutral regarding the safety of infant 

swings because they do not change any 

substantive requirements. 

2. ASTM F2088–19 

On November 15, 2019, ASTM 

approved a revised version of the 

standard, ASTM F2088–19. ASTM did 

not notify the Commission of this 

revision. ASTM F2088–19 included one 

substantive change, as well as several 

editorial revisions that did not alter 

substantive requirements in the 

standard or affect safety. The revisions 

that ASTM included in the 2019 version 

of the standard are also in the newly 

revised version, ASTM F2088–20. 

a. Substantive Revisions 

ASTM F2088–19 added a definition 

for ‘‘tethered strap’’ (section 3.1.11), a 

performance requirement (section 6.9), 

and a test method (section 7.16) to 

address possible entanglement of nonoccupant children in exposed tethered 

straps that connect the underside of the 

seat to the product frame or to other 

straps. The new requirements only 

apply to tethered straps, and not straps 

that are loose or hanging from the 

product (i.e., not connected to other 

components). The new requirement 

limits the length of tethered straps to a 

maximum of 16 inches, when measured 

from the back of the seat to the first 

attachment point (e.g., another strap or 

part of the product frame) in accordance 

with the test method in section 7.16. 

ASTM based the 16-inch limit on the 

approximate perimeter of the small head 

probe described in ASTM F406–19, 

Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards, which is 16.3 inches 

(section X1.4). The small head probe 

represents a 5th percentile 6-month-old 

child, which is the youngest child with 

the developmental ability to become 

entrapped in a tethered strap.4 The 

ASTM ballot that lead to these 

requirements stated that they were 

intended to prevent a 6-month-old or 

older child from becoming entangled if 

exposed tethered straps under the seat 

of an infant swing formed a loop. 


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5See staff’s briefing memorandum, available at 

https://cpsc.gov/s3fs-public/ASTMs-Revised-SafetyStandard-for-Infant-and-Cradle-Swings.pdf?

dTN6hRTePdlXPZ8oDFUd8DGAFHvUmP5i, for 

discussion of staff’s assessment that these added 

requirements only address the hazard for certain 

tethered strap designs. 

6Some section and figure numbers may differ in 

ASTM F2088–20 due to other revisions. 

7This process is ongoing, and ASTM has not yet 

updated all of its juvenile products standards to 

reflect these changes. 

The new test method regarding 

tethered straps first assesses whether, 

over the course of five attempts, the 

tethered straps separate from the seat 

using a pull force of 5 pounds. If the 

tethered straps separate in all five 

attempts, the tethered straps are exempt 

from the length limit. If the tethered 

straps remain attached in any one of the 

five attempts, the tethered straps under 

the seat are subject to the 16-inch 

maximum length limit. The test method 

also explains how to measure the length 

of the strap to determine whether it 

complies with the 16-inch limit, and 

refers to the new Figures 14 and 15 as 

examples. These figures illustrate how 

to measure the exposed length on two 

types of tethered strap configurations. 

For straps that attach to a rigid portion 

of the product, the length is measured 

from the point where the strap connects 

with the rigid surface (Figure 14). For 

straps that attach to another strap, the 

length is measured from the point where 

the strap first attaches to the other strap 

(Figure 15). 

ASTM F2088–15 did not address the 

entanglement hazard for non-occupant 

children associated with tethered straps. 

As such, these added requirements 

improve the safety of infant swings by 

addressing this hazard for certain 

tethered strap designs.5

b. Non-Substantive Revisions 

ASTM F2088–19 also included minor 

additions and revisions that did not 

affect the substantive requirements in 

the standard. The following revisions 

are neutral regarding the safety of infant 

swings because they do not change any 

substantive requirements: 

• Section 1.5 says ‘‘safety, health and 

environmental,’’ instead of ‘‘safety and 

health’’; 

• a new section 1.6 indicates that 

ASTM developed the standard in 

accordance with principles recognized 

by the World Trade Organization; 

• in section 2.1, the list of referenced 

ASTM standards reflects a change to the 

title of ASTM D3359 and adds ASTM 

F406, Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards; 

• revised unit expressions align with 

ASTM form and style guidelines (e.g., 

changed ‘‘hour’’ to ‘‘h’’; changed ‘‘73 ± 

9 °F’’ to ‘‘73 °F ± 9 °F’’); 

• minor spelling changes (e.g., 

changed ‘‘a/c’’ to ‘‘AC’’); and 

• updated section numbers to reflect 

added sections. 

3. ASTM F2088–20 

On June 15, 2020, ASTM approved a 

revised version of the standard, ASTM 

F2088–20. In accordance with CPSIA 

section 104(b)(4)(B), ASTM notified 

CPSC of this revision on October 5, 

2020. ASTM F2088–20 includes several 

substantive changes, several revisions to 

clarify existing requirements, and 

editorial revisions that do not alter 

substantive requirements in the 

standard or affect safety. The revisions 

that ASTM included in the 2015 and 

2019 versions of the standard are also in 

the newly revised version, ASTM 

F2088–20.6

Several changes in ASTM F2088–20 

are intended to align with wording 

changes ASTM initiated for all of its 

juvenile products standards. After 

publishing ASTM F2088–13, ASTM 

convened a task group, the ASTM Ad 

Hoc Wording Task Group (Ad Hoc TG) 

to harmonize the wording of common 

provisions (e.g., introduction, scope, 

protective components), as well as 

warning label requirements, across 

durable infant and toddler product 

voluntary standards. The Ad Hoc TG 

consists of members of various durable 

nursery products voluntary standards 

committees, including CPSC staff. The 

final Ad Hoc TG recommendations are 

in a reference document, titled, 

‘‘Recommended Language Approved by 

Ad Hoc Task Group, Revision E, May 

28, 2019,’’ and are part of the F15 

Committee Documents. ASTM F15 

committees have used these 

recommendations to update juvenile 

products standards so that common 

provisions and requirements for 

warnings are consistent across the 

standards.7 There are substantive and 

non-substantive revisions in ASTM 

F2088–20 that are intended to align 

with the Ad Hoc TG recommendations; 

these revisions are explained in more 

detail in subsections a. Substantive 

Revisions and b. Non-Substantive 

Revisions, below. 

a. Substantive Revisions 

ASTM F2088–20 includes revisions 

and additions to substantive 

requirements, as well as changes that 

make existing requirements clearer or 

more explicit. 

Scope. A new section 1.3 specifies 

that the standard covers products with 

a powered mechanism that provides a 

swinging or gliding seat/cradle in any 

direction relative to the frame. Section 

1.3 also notes that swinging or gliding 

mechanisms can be powered by 

batteries, AC adapters, wind-up 

mechanisms, or other means. These 

revisions do not expand or modify the 

scope of the standard. Other sections of 

the standard already addressed the 

listed features (e.g., requirements 

regarding battery compartments and AC 

adapters), indicating that products with 

those features are within the scope of 

the standard. This revision merely 

highlights and clarifies that the standard 

covers this range of products. 

Accordingly, these changes to section 

1.3 are neutral to the safety of infant 

swings because they do not alter any 

substantive requirements. 

Section 1.3 also specifies that the 

standard does not cover products that 

are intended to provide sleeping 

accommodations for the occupant. This 

revision does not alter the scope of the 

standard. However, explicitly stating 

that the infant swing standard does not 

cover products intended for infant sleep 

will assist manufacturers to recognize 

that the swing standard is not applicable 

to products intended for sleep, which 

are subject to other standards. As such, 

this revision improves the safety of 

infant swings because it clarifies the 

types of products that are subject to the 

standard. 

Referenced Documents. Section 2.1 

includes a new reference to ASTM 

F2194, Standard Consumer Safety 

Specification for Bassinets and Cradles, 

because this standard is referenced as 

part of a new requirement (see General 

Requirements, below). 

Terminology. ASTM F2088–20 

updates two definitions and adds a third 

to align with the Ad Hoc TG 

recommendations. The terms 

‘‘conspicuous’’ (Section 3.1.2) and 

‘‘static load’’ (Section 3.1.11) were 

already defined in the standard; the 

revisions simply modify wording and 

do not alter the substantive meaning of 

the terms. ‘‘Protective component’’ 

(Section 3.1.10) was not previously 

defined in the standard, but there were 

already requirements for ‘‘protective 

components’’ in the standard, and those 

provisions described the meaning of the 

term. The revision moves that 

description to a formal definition. 

ASTM F2088–20 also includes 

updated definitions for ‘‘cradle swing’’ 

(Section 3.1.3) and ‘‘infant swing’’ 

(Section 3.1.5) to specify the maximum 

developmental and age limit for each 

product. This information was already 

in the warning requirements; the 

revisions only add these details to the 

formal definitions. 


khammond on DSKJM1Z7X2PROD with RULES
4964 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

ASTM also added a new definition for 

‘‘combination swing’’ (Section 3.1.1.) to 

address products with both a cradle 

swing and infant swing use, mode, or 

position. The standard already 

addressed ‘‘combination swings’’— 

Section 8.5 describes them as products 

with both a cradle mode and a seated 

mode, and applies labeling 

requirements to them. However, the 

standard did not previously contain a 

formal definition of the term. 

ASTM also revised the definition of 

‘‘travel swing’’ (Section 3.1.14). 

Previously, ASTM defined ‘‘travel 

swing’’ as a ‘‘low-profile, compact 

swing,’’ grouping all compact swing 

products into a single term. The revised 

definition does the same, but because of 

the revised definitions of ‘‘infant 

swing,’’ ‘‘cradle swing,’’ and 

‘‘combination swing,’’ the revised 

definition of ‘‘travel swing’’ lists the 

compact versions of each product type 

(i.e., ‘‘low-profile, compact infant, 

cradle, or combination swing’’). 

These revisions to the terminology in 

ASTM F2088–20 are neutral to the 

safety of infant swings because they do 

not alter the meaning of the terms or the 

substantive requirements that apply to 

these products. 

General Requirements. ASTM F2088– 

20 includes revised requirements for 

protective components (Section 5.8). 

The standard already required testing to 

assess the potential removal of 

protective components. The revision 

specifies that all protective components 

that are accessible to a child in or 

around the product must be evaluated 

according to the requirements for 

protective components. As such, the 

revision clarifies which protective 

components to assess. This revision 

improves the safety of infant swings 

because it ensures that all accessible 

protective components are tested for 

potential removal. 

The standard also includes a new 

requirement that cradle swings or 

combination swings in a cradle swing 

use, mode, or position, while in the rest 

(i.e., non-rocking) position, comply with 

the requirements of ASTM F2194, 

Standard Consumer Safety 

Specification for Bassinets and Cradles 

(section 5.11). As a general matter, 

ASTM F2088–20 does not cover 

products that are intended as sleeping 

accommodations (section 1.3) and the 

standard requires swings to display 

warnings that the products are not safe 

for unattended sleep (section 8.5.1). 

However, cradle swings, when at rest, 

have characteristics that are consistent 

with a stationary bassinet or cradle, 

where the occupant is lying flat, and is 

not being rocked. As such, cradle 

swings, while at rest, may serve as a 

sleep surface, despite the on-product 

warnings. If used as a sleep surface, 

these swings may present hazards 

consistent with a bassinet or cradle. 

ASTM F2194 addresses these hazards, 

including requirements to provide a safe 

sleep environment. This addition 

improves the safety of infant swings 

because it requires swings that function 

like bassinets or cradles to meet the 

safety requirements for such products. 

Performance Requirements. Section 

6.5 already included requirements for 

restraint systems and specified that a 

restraint system is required to secure an 

occupant in the seated position in any 

manufacturer-recommended use 

positions. However, ASTM F2088–20 

adds to this requirement that cradle 

swings and combination swings, when 

in all manufacturer’s use positions as a 

cradle swing, shall not have a restraint 

system. This prevents occupants of 

cradle swings (which are intended for 

infants from birth to approximately 5 

months old) from getting entangled in 

restraints while lying flat, and is 

consistent with the bassinet standard 

(ASTM F2194). This revision improves 

the safety of infant swings by addressing 

a potential entanglement hazard. 

Marking and Labeling. ASTM F2088– 

20 does not include the previous 

requirement that manufacturers mark 

each product and its retail packaging 

with a model number and change the 

model number when they make changes 

to the product that affect conformance 

with the safety standard (previous 

Section 8.1.2). The ASTM ballot that led 

to removing this requirement suggested 

that the rationale was to provide 

consistency with other juvenile 

products standards, which do not 

contain this requirement. This 

requirement likely was intended to 

facilitate recalls, by providing a way to 

identify products made during a certain 

time. However, other remaining 

requirements accomplish this purpose. 

Section 8.1.2 still requires 

manufacturers to mark products with 

the month and year of manufacture, and 

16 CFR 1130.4 requires manufacturers 

that use model names or numbers to 

permanently mark that identifying 

information on their infant or toddler 

products. Therefore, the revision is 

neutral with respect to the safety of 

infant swings because other 

requirements accomplish the same 

purpose. 

ASTM F2088–20 also includes 

revised marking and labeling 

requirements, including warning 

formatting and wording, to align with 

the Ad Hoc TG recommendations. 

Revised wording of warnings 

statements (Section 8.5) includes 

changing ‘‘Always secure infant in the 

restraint system provided’’ to 

‘‘ALWAYS use restraints. Adjust to fit 

snugly,’’ and changing ‘‘Never leave 

infant unattended in swing’’ to ‘‘Stay 

near and watch infant during use.’’ This 

revised language more directly indicates 

to caregivers what actions to take. 

The revised standard also includes 

two new warning subsections, for 

combination swings (Section 8.5.3) and 

travel swings (Section 8.5.4). The 

standard already included the warning 

requirements for these swing designs, 

but they were embedded in the general 

warning requirements. Moving them to 

individual sections based on product 

type highlights the importance of these 

warnings and clearly matches warnings 

with the corresponding product design. 

The revised marking and labeling 

requirements in ASTM F2088–20 

improve the safety of infant swings by 

providing clear, direct, and productspecific requirements, and providing 

consistency across juvenile product 

standards. 

Instructional Literature. ASTM 

F2088–20 includes revised requirements 

for instructional literature (Section 9) 

for consistency with the Ad Hoc TG 

recommendations and the revised 

warning label requirements in Section 8. 

These revisions improve the safety of 

infant swings by providing clear 

warning information and instructional 

literature that is consistent with the 

corresponding on-product warnings and 

across juvenile product standards. 

b. Non-Substantive Revisions 

ASTM F2088–20 also includes minor 

additions and revisions that are editorial 

and do not alter any substantive 

requirements in the standard. Because 

they do not change any substantive 

requirements, these revisions are neutral 

regarding the safety of infant swings. 

Title. ASTM F2088–20 revises the 

title for the standard, changing it from 

‘‘Standard Consumer Safety 

Specification for Infant Swings’’ to 

‘‘Standard Consumer Safety 

Specification for Infant and Cradle 

Swings.’’ This title change does not alter 

the scope of the standard; performance 

requirements and test methods for 

cradle swings have been in the standard 

since ASTM first adopted it. This 

revision makes it clear in the title that 

the standard applies to cradle swings. 

Introduction. The revised standard 

includes updated introduction language 

to align with the Ad Hoc TG 

recommendations. This includes 

replacing the statements regarding 

reasonably foreseeable misuse or abuse 


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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). 

with a single statement that conveys the 

same information. Specifically, the 

revision retains the existing statement 

that the voluntary standard covers 

normal and reasonably foreseeable 

misuse or abuse of infant swings, and 

removes an additional sentence about 

careless or blatant misuse. This revision 

clarifies, and does not alter, the type of 

use covered by the standard. In 

addition, the introduction includes 

minor wording changes (e.g., ‘‘infant 

swing incidents’’ changed to ‘‘incidents 

associated with swings intended for 

infants’’). 

Scope. ASTM F2088–20 includes 

minor wording changes in the scope 

section (e.g., deleting ‘‘consumer safety’’ 

from ‘‘this consumer safety 

specification’’) to harmonize with the 

Ad Hoc TG recommendations (Section 

1.6). 

Referenced Documents. ASTM 

F2088–20 includes a revised list of 

referenced documents. ASTM updated 

the title of Section 2.2 from ‘‘Federal 

Standards’’ to ‘‘Federal Regulations,’’ 

and added a new section 2.3 to include 

ANSI standards. These revisions are 

consistent with other ASTM standards 

and aligns with the Ad Hoc TG 

recommendations. 

General Requirements. ASTM F2088– 

20 includes several revisions to section 

5 to harmonize the wording with the Ad 

Hoc TG recommendations. These 

revisions include minor wording 

changes in the sections on ‘‘Scissoring, 

Shearing, and Pinching’’ (Section 5.5), 

‘‘Protective Components’’ (Section 5.8), 

and ‘‘Toys’’ (Section 5.10) (e.g., 

changing ‘‘component’’ to 

‘‘component(s),’’ changing ‘‘must meet’’ 

to ‘‘shall comply with’’). 

Test Methods. Minor editorial 

revisions in the test methods section 

(Section 7) maintain consistency with 

wording and unit expressions in the rest 

of the standard and other ASTM 

standards (e.g., adding a space after the 

number to change ‘‘68 °F ± 9 °F’’ to 

‘‘68 °F ± 9 °F,’’ changing ‘‘0.040’’ to 

‘‘0.04,’’ and correcting the spelling of 

‘‘Gauge’’). In addition, ASTM 

harmonized the ‘‘Removal of Protective 

Components Test’’ wording (Section 

7.2) with the Ad Hoc TG 

recommendations. These revisions do 

not alter the substance of the 

requirements. 

C. Incorporation by Reference 

Section 1223.2 of the direct final rule 

incorporates by reference ASTM F2088– 

20. 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 B. Revisions to 

ASTM F2088, of this preamble 

summarizes the major provisions of 

ASTM F2088–20 that the Commission 

incorporates by reference into 16 CFR 

part 1223. The standard is reasonably 

available to interested parties and 

interested parties can purchase a copy 

of ASTM F2088–20 from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959 USA; phone; 610–832– 

9585; www.astm.org. Additionally, until 

the direct final rule takes effect, a readonly copy of ASTM F2088–20 is 

available for viewing on ASTM’s 

website at: https://www.astm.org/ 

CPSC.htm. Once the rule takes effect, a 

read-only copy of the standard will be 

available for viewing on the ASTM 

website at: https://www.astm.org/ 

READINGLIBRARY/. Interested parties 

can also schedule an appointment to 

inspect a copy of the standard at CPSC’s 

Division of the Secretariat, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814, telephone: 301– 

504–7479; email: cpsc-os@cpsc.gov. 

D. Certification 

Section 14(a) of the Consumer 

Product Safety Act (CPSA; 15 U.S.C. 

2051–2089) requires manufacturers 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. 

Because infant swings are children’s 

products, a CPSC-accepted third party 

conformity assessment body must test 

samples of the products. Products 

subject to part 1223 also must comply 

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 and 16 CFR 

part 1307, the tracking label 

requirements in section 14(a)(5) of the 

CPSA,10 and the consumer registration 

form requirements in section 104(d) of 

the CPSIA.11

E. Notice of Requirements 

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 for testing infant 

swings. 78 FR 15836 (Mar. 12, 2013). 

The NOR provided the criteria and 

process for CPSC to accept accreditation 

of third party conformity assessment 

bodies for testing infant swings to 16 

CFR part 1223. The NORs for all 

mandatory standards for durable infant 

or toddler products are listed in the 

Commission’s rule, ‘‘Requirements 

Pertaining to Third Party Conformity 

Assessment Bodies,’’ codified in 16 CFR 

part 1112. Id. 

ASTM F2088–20 includes revised 

requirements for testing infant swings. 

However, these revisions to test 

requirements do not require additional 

equipment or test protocols beyond 

those that already exist in the standard. 

Accordingly, the revisions do not 

significantly change the way that third 

party conformity assessment bodies test 

these products for compliance with the 

infant swings standard. Laboratories 

will begin testing to the new standard 

when ASTM F2088–20 goes into effect, 

and the existing accreditations that the 

Commission has accepted for testing to 

this standard will cover testing to the 

revised standard. Therefore, the 

Commission considers the existing 

CPSC-accepted laboratories for testing to 

ASTM F2088–13 to be capable of testing 

to ASTM F2088–20 as well. 

Accordingly, the existing NOR for this 

standard will remain in place, and 

CPSC-accepted third party conformity 

assessment bodies are expected to 

update the scope of the testing 

laboratories’ accreditations to reflect the 

revised standard in the normal course of 

renewing their accreditations. 

F. 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 


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4966 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

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 Commission 

concludes that when it updates a 

reference to an ASTM standard that the 

Commission incorporated by reference 

under section 104(b) of the CPSIA, 

notice and comment are not necessary. 

Under the process set out in section 

104(b)(4)(B) of the CPSIA, when ASTM 

revises a standard that the Commission 

has previously incorporated by 

reference under section 104(b)(1)(B) of 

the CPSIA, that revision will become the 

new CPSC standard, unless the 

Commission determines that ASTM’s 

revision does not improve the safety of 

the product. Thus, unless the 

Commission makes such a 

determination, the ASTM revision 

becomes CPSC’s standard by operation 

of law. The Commission is allowing 

ASTM F2088–20 to become CPSC’s new 

standard. 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 F2088–20 takes effect as the new 

CPSC standard for infant swings, even if 

the Commission does not issue this rule. 

Thus, public comments would not alter 

substantive changes to the standard or 

the effect of the revised standard as a 

consumer product safety standard 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 3, 2021. 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 merely 

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. 

G. 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 F. 

Direct Final Rule Process of this 

preamble, the Commission has 

determined that notice and the 

opportunity to comment are 

unnecessary for this rule. Therefore, the 

RFA does not apply. CPSC also notes 

the limited nature of this document, 

which merely updates the incorporation 

by reference to reflect the mandatory 

CPSC standard that takes effect under 

section 104 of the CPSIA. 

H. Paperwork Reduction Act 

The current mandatory standard for 

infant swings 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 does not alter these 

requirements. The Commission took the 

steps required by the PRA for 

information collections when it adopted 

16 CFR part 1223, including obtaining 

approval and a control number. Because 

the information collection is unchanged, 

the revision does not affect the 

information collection requirements or 

approval related to the standard. 

I. Environmental Considerations 

The Commission’s regulations 

provide a categorical exclusion for the 

Commission’s rules 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. 

J. 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. 

K. 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 

within 180 days of 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 standard for infant 

swings. Therefore, ASTM F2088–20 

automatically will take effect as the new 

mandatory standard for infant swings on 

April 3, 2021, 180 days after the 

Commission received notice of the 

revision on October 5, 2020. 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 3, 2021. 

L. 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 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 4967 

that the Office of Information and 

Regulatory Affairs (OIRA) determines 

whether a rule qualifies as a ‘‘major 

rule.’’ 

Pursuant to the CRA, 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 1223 

Consumer protection, Imports, 

Incorporation by reference, Imports, 

Infants and children, Law enforcement, 

Safety, Toys. 

For the reasons discussed in the 

preamble, the Commission amends 16 

CFR chapter II as follows: 

PART 1223—SAFETY STANDARD FOR 

INFANT SWINGS 

■ 1. Revise the authority citation for part 

1223 to read as follows: 

Authority: Sec. 104, Pub. L. 110–314, 122 

Stat. 3016 (15 U.S.C. 2056a); Sec 3, Pub. L. 

112–28, 125 Stat. 273. 

■ 2. Revise § 1223.2 to read as follows: 

§ 1223.2 Requirements for infant swings. 

Each infant swing shall comply with 

all applicable provisions of ASTM 

F2088–20, Standard Consumer Safety 

Specification for Infant and Cradle 

Swings, approved on June 15, 2020. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain a copy 

from ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; phone: 

(610) 832–9585; www.astm.org. A readonly copy of the standard is available 

for viewing on the ASTM website at 

https://www.astm.org/ 

READINGLIBRARY/. You may inspect a 

copy at the Division of the Secretariat, 

U.S. Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone (301) 504–7479, email: cpscos@cpsc.gov, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, email 

fedreg.legal@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2020–28362 Filed 1–15–21; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

Notification of Temporary Travel 

Restrictions Applicable to Land Ports 

of Entry and Ferries Service Between 

the United States and Canada; 

Correction 

AGENCY: Office of the Secretary, U.S. 

Department of Homeland Security; U.S. 

Customs and Border Protection, U.S. 

Department of Homeland Security. 

ACTION: Notification of continuation of 

temporary travel restrictions; correction. 

SUMMARY: The Department of Homeland 

Security (DHS) is making corrections to 

a notice that appeared in the Federal 

Register on December 22, 2020. The 

document contained incorrect dates. 

DATES: The corrections apply to the 

notification published in the Federal 

Register December 22, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Watson, Office of Field 

Operations Coronavirus Coordination 

Cell, U.S. Customs and Border 

Protection (CBP) at 202–325–0840. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of December 

22, 2020, in FR Doc. 2020–28381— 

• On page 83432, in the first column, 

correct the words ‘‘January 21, 2020.’’ to 

read, ‘‘January 21, 2021.’’; and 

• On page 83433, in the second 

column, correct the words ‘‘January 21, 

2020.’’ to read, ‘‘January 21, 2021.’’ 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs. 

[FR Doc. 2020–28875 Filed 1–15–21; 8:45 am] 

BILLING CODE 9111–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

Notification of Temporary Travel 

Restrictions Applicable to Land Ports 

of Entry and Ferries Service Between 

the United States and Mexico; 

Correction 

AGENCY: Office of the Secretary, U.S. 

Department of Homeland Security; U.S. 

Customs and Border Protection, U.S. 

Department of Homeland Security. 

ACTION: Notification of continuation of 

temporary travel restrictions; correction. 

SUMMARY: The Department of Homeland 

Security (DHS) is making corrections to 

a notice that appeared in the Federal 

Register on December 22, 2020. The 

document contained incorrect dates. 

DATES: The corrections apply to the 

notification published in the Federal 

Register December 22, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Watson, Office of Field 

Operations Coronavirus Coordination 

Cell, U.S. Customs and Border 

Protection (CBP) at 202–325–0840. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of December 

22, 2020, in FR Doc. 2020–28375— 

• On page 83433, in the third column, 

correct the words ‘‘January 21, 2020.’’ to 

read, ‘‘January 21, 2021.’’; and 

• On page 83434, in the third column, 

correct the words ‘‘January 21, 2020.’’ to 

read, ‘‘January 21, 2021.’’ 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs, U.S. Department of Homeland 

Security. 

[FR Doc. 2020–28876 Filed 1–15–21; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

Notification of Temporary Travel 

Restrictions Applicable to Land Ports 

of Entry and Ferries Service Between 

the United States and Mexico 

AGENCY: Office of the Secretary, U.S. 

Department of Homeland Security; U.S. 

Customs and Border Protection, U.S. 

Department of Homeland Security. 

ACTION: Notification of continuation of 

temporary travel restrictions. 

SUMMARY: This document announces the 

decision of the Secretary of Homeland 

Security (Secretary) to continue to 

temporarily limit the travel of 

individuals from Mexico into the United 

States at land ports of entry along the 

United States-Mexico border. Such 

travel will be limited to ‘‘essential 

travel,’’ as further defined in this 

document. 

DATES: These restrictions go into effect 

at 12 a.m. Eastern Standard Time (EST) 

on January 22, 2021 and will remain in 

effect until 11:59 p.m. EST on February 

21, 2021. 


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