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 (“Co mmission” or “CPSC”) invited comments on 16 CFR Part 1221 pursuant to Section 104 of th e Consumer Product Safety Improvement Act (“CPSIA”), which directs the Commission to i ssue mandatory regulation on durable infant products. In response to the request of the Commission’s staff, the Juvenile Products Manufacturers Association, Inc. (“JPMA”) submi tted 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 effort s 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 incorpor ating 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 NP R noted that the provisi ons proposed adequately

addressed issues related to accessories overa ll and deferred to ASTM requirements. The

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

The new Bassinet / Cradle Accessories Missing Key Structural Elements requirement was introduced in January, 2012; af ter the comment period for the NPR for 16 CFR Part 1221 had closed. This is a substantive pr ovision 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 period 1 . This was not afforded to the concerned parties. Allo wing it to be included in the draft final rule without the opportunity for adequa te notice and public comment a ppears to be a violation of

the APA 2 . Consequently, JPMA strongly suggests th at 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 re quirements 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, reasona ble 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 th ere 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 Co mmission to adopt ASTM F 406-12a wholly and without the key structural elem ent requirement at this time.

Thank you for taking the time to review these concerns.

Sincerely,

Michael R. Dwyer, CAE

JPMA Executive Director