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[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]

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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.

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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: [email protected].
    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: [email protected].

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.
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    \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).
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    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\
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    \2\ Commission regulations for non-full-size baby cribs are at 
16 CFR part 1220.
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    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\
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    \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.
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    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\
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    \4\ On December 17, 2024, the Commission voted (5-0) to publish 
this direct final rule.
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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).
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    \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.
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    \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.
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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.
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    \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.
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    \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.
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    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.
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    \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).
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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: [email protected].

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).
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    \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).
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    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.
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    \14\ 88 FR 13686.
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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: [email protected]. For 
information on the availability of this material at NARA, email 
[email protected], 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
```