Juvenile Products Manufacturers Association, Inc. 

15000 Commerce Parkway, Suite C y Mt. Laurel, NJ 08054 y 856.638.0420 y 856.439.0525 

E-mail: jpma@ahint.com y Website: www.jpma.org 

June 13, 2012 

Office of the General Counsel 

Office of the Secretary 

U.S. Consumer Product Safety Commission 

4330 East West Highway 

Bethesda, MD 20814 

Re: DRAFT FINAL RULE: CPSIA SECTION 104: 

Safety Standard for Play Yards: 16 CFR Part 1221

CPSC DOCKET Number: CPSC-2011-0064 

Dear Ms. Falvey and Mr. Stevenson: 

The Consumer Product Safety Commission (“Commission” or “CPSC”) invited comments on 

16 CFR Part 1221 pursuant to Section 104 of the Consumer Product Safety Improvement Act 

(“CPSIA”), which directs the Commission to issue mandatory regulation on durable infant 

products. In response to the request of the Commission’s staff, the Juvenile Products 

Manufacturers Association, Inc. (“JPMA”) submitted comments on behalf of the industry to 

the attention of Mr. Todd Stevenson, Office of the Secretary on December 2, 2011. 

As a direct result of the cooperative efforts of both ASTM and the CPSC, the changes 

incorporated into ASTM F 406-12a made it possible for staff to recommend that the 

Commission approve incorporating by reference the revised ASTM standard. 

However, there is an issue that has arisen that needs to be addressed regarding the requirement 

detailed in the draft final rule for Bassinet / Cradle Accessories Missing Key Structural 

Elements. A review of the record indicates that this requirement was not included in the 

original Notice of Proposed Rulemaking (“NPR”) and, surprisingly, is unrelated to provisions 

originally set forth in the NPR. Indeed, the NPR noted that the provisions proposed adequately 

addressed issues related to accessories overall and deferred to ASTM requirements. The 

revisions to ASTM F 406 were the result of addressing the incidents laid out in the NPR. 

The new Bassinet / Cradle Accessories Missing Key Structural Elements requirement was 

introduced in January, 2012; after the comment period for the NPR for 16 CFR Part 1221 had 

closed. This is a substantive provision that was not previously subject to notice and comment 

as required by the Administrative Procedures Act (“APA”). Therefore, under the provisions of 

the Administrative Procedures Act, it is subject to proper notice and comment period1

. This 

was not afforded to the concerned parties. Allowing it to be included in the draft final rule 

without the opportunity for adequate notice and public comment appears to be a violation of 

the APA2. Consequently, JPMA strongly suggests that the new Bassinet / Cradle Accessories 

 

1

 15 U.S.C. Sec. 1262, through 5 U.S.C. Sec. 553(b). 

2

 Legislative rules which fail to satisfy such procedural requirements must be set aside. 15 U.S.C. Sec. 1262(e)(1)-

(3); 5 U.S.C. Sec. 553(b)(3)(A) 
Juvenile Products Manufacturers Association, Inc. 

15000 Commerce Parkway, Suite C y Mt. Laurel, NJ 08054 y 856.638.0420 y 856.439.0525 

E-mail: jpma@ahint.com y Website: www.jpma.org 

Missing Key Structural Elements requirement not be included in the final rule 

until it is subject to adequate notice with an opportunity for comment and it is 

established as appropriate based upon a strong, reasonable evidentiary record. 

We note that had the Commission staff wished to have such wholly new 

requirements considered that a revised NPR could have been issued to afford adequate notice 

and review. This was not done. In addition there remain questions as to whether these 

provision related to bassinet components are more appropriately addressed in the rules 

governing such products. 

We encourage the CPSC to continue to work with all stakeholders to assure an efficient and 

effective rule is finalized. We urge the Commission to adopt ASTM F 406-12a wholly and 

without the key structural element requirement at this time. 

Thank you for taking the time to review these concerns. 

Sincerely,

Michael R. Dwyer, CAE 

JPMA Executive Director