81788 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

West Conshohocken, PA 19428; 

telephone 610–832–9585; http:// 

www.astm.org. You may inspect a copy 

at the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814, telephone 301– 

504–7923, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(b) Comply with the ASTM F 406–10a 

standard with the following additions or 

exclusions: 

(1) Do not comply with sections 5.6.2 

through 5.6.2.4 of ASTM F 406–10a. 

(2) Do not comply with section 5.16.2 

of ASTM F 406–10a. 

(3) Do not comply with section 6.10 

of ASTM F 406–10a. 

(4) Do not comply with section 7, 

Performance Requirements for Mesh/ 

Fabric Products, of ASTM F 406–10a. 

(5) Instead of complying with section 

8.10.1 of ASTM F 406–10a, comply with 

the following: 

(i) The spindle/slat static force test 

shall be performed with the spindle/slat 

assemblies removed from the crib and 

rigidly supported within 3 in. of each 

end of the upper and lower horizontal 

rails in a manner that shall not interfere 

with a spindle/slat deflecting under the 

applied force. For cribs incorporating 

foldable or moveable sides for purposes 

of easier access to the occupant, storage 

and/or transport, each side segment 

(portion of side separated by hinges for 

folding) shall be tested separately. 

(ii) [Reserved] 

(6) Do not comply with sections 8.11 

through 8.11.2.4 of ASTM F 406–10a. 

(7) Do not comply with sections 8.12 

through 8.12.2.2 of ASTM F 406–10a. 

(8) Do not comply with section 8.14 

through 8.14.2 of ASTM F 406–10a. 

(9) Do not comply with sections 8.15 

through 8.15.3.3 of ASTM F 406–10a. 

(10) Do not comply with sections 8.16 

through 8.16.3 of ASTM F 406–10a. 

(11) Do not comply with section 9.3.2 

through 9.3.2.4 of ASTM F 406–10a. 

(12) Instead of complying with section 

9.4.2.6 of ASTM F 406–10a, comply 

with the following warning 

requirement: 

(i) Child can become entrapped and 

die when improvised netting or covers 

are placed on top of product. Never add 

such items to confine child in product. 

(ii) [Reserved]. 

PART 1500 [AMENDED] 

■ 3. The authority citation for part 1500 

is revised to read as follows: 

Authority: 15 U.S.C. 1261–1278, 122 Stat. 

3016; the Consumer Product Safety 

Improvement Act of 2008, Pub. L. 110–314, 

§ 104, 122 Stat. 3016 (August 14, 2008). 

■ 4. In § 1500.18 remove paragraphs 

(a)(13) and (14). 

Dated: December 17, 2010. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–32178 Filed 12–27–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1508 and 1509 

Revocation of Requirements for FullSize Baby Cribs and Non-Full-Size 

Baby Cribs 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: Section 104(b) of the 

Consumer Product Safety Improvement 

Act of 2008 (‘‘CPSIA’’) requires the U.S. 

Consumer Product Safety Commission 

(‘‘CPSC’’ or ‘‘Commission’’) to 

promulgate consumer product safety 

standards for durable infant or toddler 

products. These standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standard if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. The Commission is issuing 

this rule to revoke its existing 

regulations pertaining to full-size and 

non-full-size cribs because, elsewhere in 

this issue of the Federal Register, the 

Commission is issuing consumer 

product safety standards for cribs that 

will further reduce the risk of injury 

associated with these products under 

section 104 of the CPSIA. The new 

consumer product safety standards for 

cribs will include the requirements that 

have been in 16 CFR parts 1508 and 

1509 for full-size and non-full-size cribs. 

To eliminate duplication, the 

Commission is removing 16 CFR parts 

1508 and 1509 entirely. 

DATES: Effective June 28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Melchert, Division of 

Regulatory Enforcement, Office of 

Compliance, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7588; cmelchert@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. What regulations is the CPSC 

revoking? 

The CPSC first published the full-size 

crib regulation, 16 CFR part 1508, in 

1973 (38 FR 32129 (Nov. 21, 1973)) and 

amended it in 1982. The CPSC 

published the regulation for non-fullsize cribs, 16 CFR part 1509, in 1976 (41 

FR 6240 (Feb. 12, 1976)), and amended 

it in 1982. Both standards contain 

requirements pertaining to dimensions, 

spacing of components, hardware, 

construction and finishing, assembly 

instructions, cutouts, identifying marks, 

warning statements, and compliance 

declarations. In addition, 16 CFR part 

1509 contains a requirement regarding 

mattresses. 

B. Why is the CPSC revoking the 

regulations pertaining to cribs? 

The Consumer Product Safety 

Improvement Act of 2008, Public Law 

110–314 (‘‘CPSIA’’), was enacted on 

August 14, 2008. Section 104(b) of the 

CPSIA requires the Commission to 

promulgate consumer product safety 

standards for durable infant or toddler 

products. These standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standard if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. Elsewhere in this issue of 

the Federal Register, the Commission is 

issuing safety standards for full-size and 

non-full-size cribs under the authority 

of section 104 of the CPSIA. These new 

standards adopt the voluntary standards 

developed by ASTM International 

(formerly known as the American 

Society for Testing and Materials), 

which are more stringent in some 

respects than the current applicable 

standards, and include ASTM F 1169– 

10, ‘‘Standard Consumer Safety 

Specification for Full-Size Baby Cribs,’’ 

and ASTM F 406–10a, ‘‘Standard 

Consumer Safety Specification for NonFull-Size Baby Cribs/Play Yards.’’ 

The crib standards that the CPSC is 

publishing elsewhere in this issue of the 

Federal Register incorporate all of the 

requirements currently found in 16 CFR 

parts 1508 and 1509. Consequently, the 

requirements found at 16 CFR parts 

1508 and 1509 have become redundant. 

The Commission, therefore, is revoking 

16 CFR parts 1508 and 1509 in their 

entirety. 

The Commission emphasizes that the 

revocation of 16 CFR parts 1508 and 

1509 would have no substantive effect 

on crib safety. The requirements from 16 

CFR parts 1508 and 1509 still apply to 

full-size and non-full-size cribs, but are 


emcdonald on DSK2BSOYB1PROD with RULES2
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81789 

part of new consumer product safety 

standards to be codified at 16 CFR parts 

1219 and 1220. 

C. Comment on the Proposal 

In the Federal Register of July 23, 

2010 (75 FR 43107), the Commission 

published a notice of proposed 

rulemaking proposing to revoke 16 CFR 

parts 1508 and 1509. We received one 

comment on the proposal. The comment 

agreed with the proposed revocation, 

stating: ‘‘The proposed new regulations 

will be more thorough and 

comprehensive than the old regulations. 

It is simply logical to revoke the old 

outdated 16 CFR parts 1508 and 1509.’’ 

We agree with the comment, and 

therefore, we are revoking 16 CFR parts 

1508 and 1509 entirely. 

D. Paperwork Reduction Act 

This rule would not impose any 

information collection requirements. 

Accordingly, this rule is not subject to 

the Paperwork Reduction Act, 44 U.S.C. 

3501–3520. 

E. Environmental Considerations 

This rule falls within the scope of the 

Commission’s environmental review 

regulation at 16 CFR 1021.5(c)(1), which 

provides a categorical exclusion from 

any requirement for the agency to 

prepare an environmental assessment or 

environmental impact statement for 

rules that revoke product safety 

standards. 

F. Effective Date 

The final rule to revoke 16 CFR parts 

1508 and 1509 becomes effective on 

June 28, 2011. This date corresponds to 

the effective date of the new mandatory 

standards developed for full-size and 

non-full-size cribs. 

List of Subjects 

16 CFR Part 1508 

Consumer protection, Cribs and 

bassinets, Infants and children, 

Reporting and recordkeeping 

requirements. 

16 CFR Part 1509 

Consumer protection, Cribs and 

bassinets, Infants and children, 

Reporting and recordkeeping 

requirements. 

■ For the reasons stated above, and 

under the authority of section 3 of the 

CPSIA and 5 U.S.C. 553, the Consumer 

Product Safety Commission removes 16 

CFR parts 1508 and 1509 entirely. 

PART 1508—[REMOVED] 

■ 1. Under authority of section 3 of the 

CPSIA, part 1508 is removed. 

PART 1509—[REMOVED] 

■ 2. Under authority of section 3 of the 

CPSIA, part 1509 is removed. 

Dated: December 17, 2010. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–32179 Filed 12–27–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2009–0064] 

16 CFR Parts 1219 and 1220 

Third Party Testing for Certain 

Children’s Products; Full-Size Baby 

Cribs and Non-Full-Size Baby Cribs: 

Requirements for Accreditation of 

Third Party Conformity Assessment 

Bodies 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of requirements. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

issuing a notice of requirements that 

provides the criteria and process for 

Commission acceptance of accreditation 

of third party conformity assessment 

bodies for testing pursuant to specific 

CPSC regulations relating to full-size 

and non-full-size baby cribs. The 

Commission is issuing this notice of 

requirements pursuant to section 

14(a)(3)(B)(vi) of the Consumer Product 

Safety Act (CPSA) (15 U.S.C. 

2063(a)(3)(B)(vi)). 

DATES: Effective Date: The requirements 

for accreditation of third party 

conformity assessment bodies to assess 

conformity with 16 CFR parts 

1219 and/or 1220 are effective 

December 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert ‘‘Jay’’ Howell, Assistant Executive 

Director for Hazard Identification and 

Reduction, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814; email rhowell@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Section 14(a)(3)(B)(vi) of the CPSA, as 

added by section 102(a)(2) of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA), Public Law 110– 

314, directs the CPSC to publish a 

notice of requirements for accreditation 

of third party conformity assessment 

bodies to assess children’s products for 

conformity with ‘‘other children’s 

product safety rules.’’ Section 14(f)(1) of 

the CPSA defines ‘‘children’s product 

safety rule’’ as ‘‘a consumer product 

safety rule under [the CPSA] or similar 

rule, regulation, standard, or ban under 

any other Act enforced by the 

Commission, including a rule declaring 

a consumer product to be a banned 

hazardous product or substance.’’ Under 

section 14(a)(3)(A) of the CPSA, each 

manufacturer (including the importer) 

or private labeler of products subject to 

those regulations must have products 

that are manufactured more than 90 

days after the Federal Register 

publication date of a notice of the 

requirements for accreditation, tested by 

a third party conformity assessment 

body accredited to do so, and must issue 

a certificate of compliance with the 

applicable regulations based on that 

testing. Section 14(a)(2) of the CPSA, as 

added by section 102(a)(2) of the CPSIA, 

requires that certification be based on 

testing of sufficient samples of the 

product, or samples that are identical in 

all material respects to the product. The 

Commission also emphasizes that, 

irrespective of certification, the product 

in question must comply with 

applicable CPSC requirements (see, e.g., 

section 14(h) of the CPSA, as added by 

section 102(b) of the CPSIA). 

This notice provides the criteria and 

process for Commission acceptance of 

accreditation of third party conformity 

assessment bodies for testing pursuant 

to safety standards for full-size and nonfull-size baby cribs, which appears 

elsewhere in this issue of the Federal 

Register. The standards for full-size and 

non-full-size baby cribs will be codified 

at 16 CFR parts 1219 and 1220 

respectively. The standards contain the 

test methods that conformity assessment 

bodies will use to assess full-size and 

non-full-size baby cribs. The 

Commission is recognizing limited 

circumstances in which it will accept 

certifications based on product testing 

conducted before the full-size and nonfull-size baby crib standards become 

effective in six months. The details 

regarding those limited circumstances 

can be found in part IV of this document 

below. 

Although section 14(a)(3)(B)(vi) of the 

CPSA directs the CPSC to publish a 

notice of requirements for accreditation 

of third party conformity assessment 

bodies to assess conformity with ‘‘all 

other children’s product safety rules,’’ 

this notice of requirements is limited to 

the test methods identified immediately 

above. 

The CPSC also recognizes that section 

14(a)(3)(B)(vi) of the CPSA is captioned: 

‘‘All Other Children’s Product Safety 

Rules,’’ but the body of the statutory 


emcdonald on DSK2BSOYB1PROD with RULES2