8368 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Rules and Regulations 

1Section 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). 

This action is exempt from notice and 

comment under 5 U.S.C. 553 and is 

effective immediately upon publication 

in this issue of the Federal Register, 

based on the good cause exceptions in 

5 U.S.C. 553(b)(B) and 553(d)(3), 

respectively. Seeking public comment is 

impracticable, unnecessary, and 

contrary to the public interest. The 

temporary delay in effective date is 

necessary to give Department officials 

the opportunity for further review and 

consideration of new regulations, 

consistent with the President’s 

memorandum of January 20, 2025. 

Given the imminence of the effective 

date, seeking prior public comment on 

this temporary delay would have been 

impractical, as well as contrary to the 

public interest in the orderly 

promulgation and implementation of 

regulations. The imminence of the 

effective date is also good cause for 

making this action effective 

immediately upon publication. 

Angilla Denton, 

Acting Administrator, Rural Housing Service. 

[FR Doc. 2025–01922 Filed 1–27–25; 11:15 am] 

BILLING CODE 3410–XV–P 

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. 

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: cpsc-os@cpsc.gov. 

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: fdegrano@cpsc.gov. 

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. 

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 


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2Commission regulations for non-full-size baby 

cribs are at 16 CFR part 1220. 

3On 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/RCAASTMs-Notice-of-a-Revised-Voluntary-Standardfor-Play-Yards. 

4On December 17, 2024, the Commission voted 

(5–0) to publish this direct final rule. 

of ASTM F406–12a that apply to NFS 

cribs exclusively. 77 FR 52220, at 

52226.2

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

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

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 nonsubstantive 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-fullsize 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. 


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8370 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Rules and Regulations 

5Reprinted, 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. 

6Reprinted, 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. 

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). 

The Commission considers these 

changes to the accessories’ definitions 

as an improvement in safety because 

they clarify the requirements of the 

standard. 

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 


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Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Rules and Regulations 8371 

7Reprinted, 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. 

8ASTM 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. 

9The 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). 

language requirements, which improve 

safety. 

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. 

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. 

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 


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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 onproduct 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 nonsubstantive 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 


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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). 

14 88 FR 13686. 

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: cpscos@cpsc.gov. 

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). 

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. 

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 


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8374 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Rules and Regulations 

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 

■ 1. Revise the authority citation for part 

1221 to read as follows: 

Authority: 15 U.S.C. 2056a. 

■ 2. Revise § 1221.2 to read as follows: 

§ 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: cpsc-os@cpsc.gov. For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov, 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 


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