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[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Rules and Regulations]
[Pages 8676-8682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01721]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1220

[Docket No. CPSC-2019-0025]

Safety Standard for Non-Full-Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In December 2010, the U.S. Consumer Product Safety Commission 
(CPSC or Commission) published a consumer product safety standard for 
non-full-size baby cribs (NFS cribs) 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 play yards 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. On August 1, 2024, ASTM approved a 
revised voluntary standard, and this direct final rule updates the 
mandatory standard for NFS cribs 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 March 3, 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-2019-
0025, 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: 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

[[Page 8677]]

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: www.regulations.gov, and insert the docket 
number, CPSC-2019-0025, 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'' 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. Mandatory standards may be based, in 
whole or in part, on a voluntary standard.
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    \1\ Section 104(f)(2)(A) of the CPSIA lists NFS cribs as a 
durable infant or toddler product. 15 U.S.C. 2056a(f)(2)(A).
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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 
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, 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).
    Additionally, section 104(c) of the CPSIA contains special 
provisions for rules regarding cribs, including NFS cribs. Sections 
104(c)(1) and (2) make the standards the Commission adopts for cribs 
under section 104(b) of the CPSIA enforceable against a larger class of 
parties than are ordinarily subject to section 104 rules.\2\ 15 U.S.C. 
2056a(c)(1), (2). However, Congress later limited this expanded 
application of the crib standards. Section 104(c)(3) of the CPSIA, 
added in 2011, limits the application of crib rule updates adopted 
through the section 104 process to manufacturers or importers of cribs, 
unless the Commission determines that application to any other person 
described in section 104(c)(2) is ``necessary to protect against an 
unreasonable risk to health or safety.'' 15 U.S.C. 2056a(c)(3). The 
Commission previously updated the NFS cribs rule and did not make this 
determination in those updates. 83 FR 26206 (June 6, 2018); 84 FR 56684 
(Oct. 23, 2019); and 88 FR 13686 (March 6, 2023). The Commission 
similarly is not making this determination for the current revision to 
the NFS cribs rule. Accordingly, as specified in CPSIA section 
104(c)(3), this direct final rule applies to persons that manufacture 
or import cribs, but not to the other entities stated in sections 
104(c)(1) and (c)(2).
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    \2\ Section 104(c) prohibits the following parties from 
manufacturing, selling, contracting to sell or resell, leasing, 
subletting, offering, providing for use, or otherwise placing in the 
stream of commerce a crib that is not in compliance with a standard 
promulgated under section 104(b): anyone (1) that manufactures, 
distributes, or contracts to sell cribs; (2) with an occupation that 
relates to cribs, including child care; (3) who contracts to sell/
resell, lease, sublet, or otherwise place cribs in the stream of 
commerce; or (4) who owns or operates an inn, hotel, or other 
establishment that provides temporary lodging. 15 U.S.C. 
2056a(c)(2).
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B. Safety Standards for NFS Cribs

    On December 28, 2010, under section 104 of the CPSIA, the 
Commission published the first NFS crib rule that incorporated by 
reference ASTM F406-10a, Standard Consumer Safety Specification for 
Non-Full-Size Cribs/Play Yards, as the mandatory standard, with 
modifications to the standard to further reduce the risk of injury and 
exclude sections of ASTM F406-10a that apply to play yards exclusively. 
75 FR 81766, at 81780.\3\
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    \3\ Commission regulations for play yards are at 16 CFR part 
1221.
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    Section 1220.1(c)(1) defines a NFS crib as ``a bed that is: (i) 
Designed to provide sleeping accommodations for an infant; (ii) 
Intended for use in or around the home, for travel, in a child care 
facility, in a family child care home, in a place of public 
accommodation affecting commerce and other purposes; (iii) Has an 
interior length dimension either greater than 139.7 cm (55 in.) or 
smaller than 126.3 cm (49 \3/4\ in.), or, an interior width dimension 
either greater than 77.7 cm (30 \5/8\ in.) or smaller than 64.3 cm (25 
\3/8\ in.), or both . . . [and] (v) Does not include mesh/net/screen 
cribs, nonrigidly constructed baby cribs, cradles (both rocker and 
pendulum types), car beds, baby baskets, and bassinets (also known as 
junior cribs).'' 16 CFR 1220.1(c)(1). The rule further states that NFS 
cribs include, but are not limited to, portable cribs, crib pens, 
specialty cribs, undersize cribs, and oversize cribs, as these products 
are defined in the rule. Id. Generally, the NFS cribs rule applies to 
rigid-sided cribs, while the play yard rule applies to mesh-sided 
products.
    Since the publication of ASTM F406-10a, CPSC has updated the NFS 
cribs rule three times, adopting ASTM F406-17 in 2018 (83 FR 26206 
(June 6, 2018)), ASTM F406-19 in 2019 (84 FR 56684 (Oct. 23, 2019)), 
and ASTM F406-23 in 2023 (88 FR 13686 (March 6, 2023)). In all cases, 
CPSC accepted the revised voluntary standard as the mandatory standard 
for NFS cribs and updated the incorporation by reference in 16 CFR part 
1220 to reflect the revised voluntary standard. In all cases, CPSC also 
maintained the exceptions listed in section 1220.2(b), which lists 
sections of the voluntary standard that solely apply to play yards.
    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 two substantive revisions to the voluntary 
standard that improve the safety of NFS cribs. One modification 
clarifies the definitions of ``play yard/non-full-size crib dependent 
accessory'' and ``full accessory.'' The other revision addresses 
strangulation hazards by revising warning labels to expand the scope of 
the warning label requirements to all NFS crib accessories and not just 
those intended to be removed when the NFS crib is occupied. 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 
revision improves the safety of NFS baby cribs

[[Page 8678]]

and/or play yards. 89 FR 85077. CPSC received one anonymous comment 
addressing safety in both NFS cribs and play yards, which is discussed 
below.
    Pursuant to CPSIA section 104, the revised voluntary standard will 
take effect as the new mandatory standard for NFS cribs 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 NFS baby cribs. 15 U.S.C. 
2056a(b)(4)(B). 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 NFS 
cribs because it improves safety. ASTM F406-24 will become the 
mandatory consumer product safety standard for NFS cribs on April 5, 
2025. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR 
part 1220 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 play 
yards.\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 NFS Cribs

    The ASTM standard for NFS cribs includes performance requirements, 
test methods, and requirements for marking, labeling, and instructional 
literature, to address hazards associated with NFS cribs. The 2024 
revision to the voluntary standard, ASTM F406, includes substantive and 
non-substantive revisions, as described in sections II.A and B.
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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.
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A. Substantive Changes in ASTM F406-24

1. NFS Crib Accessories Definitions
    ASTM F406-24 revises the definitions for ``play yard/non-full-size 
crib dependent accessory'' and for ``full accessory'' to improve 
clarity of the classification of certain types of accessories and the 
performance requirements to which they are subject. Section 3.1.24 
defines a ``play yard/non-full-size crib dependent accessory'' as being 
a component such as a bassinet or changing table that attaches to the 
NFS crib, 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 confirm the accessory's relation to a full accessory 
or that this accessory does not fully cover the top of a NFS crib. 
Further, the revised definition plainly states that such accessories 
expose occupants ``to gaps or openings that may create an entrapment 
hazard.'' The revised discussion language in section 3.1.24.2 again 
confirms that this 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.
[GRAPHIC] [TIFF OMITTED] TR31JA25.000

[[Page 8679]]

    Section 3.1.11 defines a ``full accessory'' as any accessory that 
fully covers the top opening of a NFS crib 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 NFS cribs 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 bassinets, and no longer to the requirements for NFS 
cribs. These revisions work to clarify the definitions of NFS crib 
accessories and which category of product an item may fall under. This 
change does not exclude full accessories that are attached to NFS cribs 
and that have not yet been, but can be converted, into other products. 
Figure 2 below shows an example of a changing table that can only be 
attached to the full bassinet accessory, and therefore, it is also 
considered a full accessory unlike the changing table in Figure 1 which 
only attaches directly to the play yard/non-full-size crib. The 
Commission considers these changes to the accessories definitions as a 
neutral impact on safety.
[GRAPHIC] [TIFF OMITTED] TR31JA25.001

2. Strangulation Warning Labels
    NFS cribs with attaching accessories present a risk of 
strangulation in openings between attached accessories and the NFS 
crib's frame. To reduce this hazard, ASTM F406-24 specifies 
requirements for warning labels, as defined 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 by 
explicitly specifying that there is a strangulation hazard, which is 
more compelling and vivid in describing the hazard and how to avoid it. 
ASTM F406-24 requires that the warning shall state, ``STRANGULATION 
HAZARD Children have STRANGLED when their necks became trapped . . . 
.''
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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.
---------------------------------------------------------------------------

    Further, ASTM F406-24 expands the scope of products to which these 
warning labels apply, to now include all accessories, not just 
accessories that are intended to be removed from the NFS crib when it 
is occupied as previously required. As revised, the warning labels now 
apply 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. Figure 3 
provides an example of the new strangulation hazard warning label 
language requirements:
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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] TR31JA25.002

[[Page 8680]]

B. Non-Substantive Changes in ASTM F406-24

    ASTM F406-24 incorporates numerous other marking, labeling, and 
instructional literature requirements per the recommendations from 
ASTM's Ad Hoc Language Task Group and additional changes to provide 
clearer and more complete warnings and instructions. 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 numerous 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 to provide 
clearer and more complete safety messaging for the subject products. 
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. This omission reduces consistency 
between products and makes it more difficult for manufacturers to 
create labels that meet the requirements, and for test labs to verify 
that the labels meet the requirements.

C. Revision to 16 CFR 1220.2(b)(2)

    As a result of revisions in ASTM F406-24, this direct final rule 
revises 16 CFR 1220.2(b)(2) from ``Do not comply with sections 5.16.2 
through 5.16.2.2 of ASTM F406-22'' to ``Do not comply with section 
5.16.2 of ASTM F406-24.'' Sections 5.16.2.1 through 5.16.2.2 were 
removed in F406-24 and, therefore, only section 5.16.2 must be excluded 
from this rule, as section 5.16.2 solely applies to play yards and not 
NFS cribs, while the additional sections were already removed from the 
2024 version. Therefore, the Commission is revising the section number 
to reflect the exclusion of the play yard requirement.

D. Public Comments

    The Commission requested public comment on how the revisions to 
ASTM F406-24 affect the safety of NFS cribs 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 NFS crib. 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 fails to require a duration of time 
for how long a test force should be applied. The Commission directs 
staff to work with the ASTM subcommittee to address this concern.
    Third, the commenter asserts that it is unclear why full 
accessories would apply to section 5.15 Entrapment in Accessories 
requirements when there is an occupant access door. As stated in ASTM 
F406-24, section 5.15 applies to full accessories if the NFS crib has 
``an occupant access door in the walls of the crib.'' This may provide 
access from outside of the NFS crib into the occupant area underneath 
the full accessory, thereby exposing a child to an entrapment hazard in 
openings underneath the full accessory. If there is no occupant access 
door in the NFS crib walls, there is no such hazard and as a result, 
full accessories that attach to the NFS crib are not subject to section 
5.15. 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 
clarifies the difference between the two types of accessories and the 
testing requirements that apply to each. Manufacturers will be directed 
to conduct different entrapment testing depending on the type of 
accessory at issue, and these requirements will not contradict once the 
accessory is properly classified as a full or dependent accessory. 
Section 3.1.24 specifies that play yard/non-full-size dependent 
accessories ``can be used with or without a full accessory.'' 
Therefore, if an accessory has the means to mechanically attach either 
to a full accessory or to the play yard, it is classified as a play 
yard dependent accessory, and therefore subject to the entrapment 
requirements.

E. 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 NFS cribs improve the 
safety of NFS cribs. The revised requirements of warning labels to 
address strangulation hazards now expand the scope to which these 
warnings apply, mandating that all NFS crib accessories must have 
compliant warning labels.

III. Incorporation by Reference

    Section 1220.2(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 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 1220. 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

[[Page 8681]]

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 NFS cribs are children's products, a CPSC-
accepted third party conformity assessment body must test samples of 
the products for compliance with 16 CFR part 1220. Products subject to 
part 1220 also must be compliant with all other applicable CPSC 
requirements, such as the lead content requirements in section 101 of 
the CPSIA,\8\ the phthalates prohibitions in section 108 of the 
CPSIA.9 10 11 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 
(third party laboratories) for testing NFS cribs, and codified the 
requirement at 16 CFR 1112.15(b)(6).
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    \8\ 15 U.S.C. 1278a.
    \9\ 15 U.S.C. 2057c.
    \10\ 15 U.S.C. 2063(a)(5).
    \11\ 15 U.S.C. 2056a(d).
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    The modifications to warning labels and accessory definitions for 
NFS cribs in ASTM F406-24 do not establish new testing requirements. 
Accordingly, the revisions 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 1220 
to have demonstrated competence to test NFS cribs to ASTM F406-24, as 
incorporated into part 1220. Accordingly, the existing accreditations 
that the Commission has accepted for testing to this standard will 
cover testing to the 2024 standard. The existing NOR for the Safety 
Standard for Non-Full-Size Baby Cribs will remain in place, and CPSC-
accepted third party labs are expected to update the scope of their 
accreditations to reflect the revised NFS cribs 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)(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 NFS cribs 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)(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. Id. 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 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 NFS cribs 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 NFS 
cribs does not alter these requirements. The Commission took the steps 
required by the PRA for information collections when it adopted 16 CFR 
part 1220, 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

[[Page 8682]]

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 NFS cribs. 
Therefore, ASTM F406-24 automatically will take effect as the new 
mandatory standard for NFS cribs 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 1220

    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 1220--SAFETY STANDARD FOR NON-FULL-SIZE BABY CRIBS

0
1. Revise the authority citation for part 1220 to read as follows:

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

0
2. Revise Sec.  1220.2 to read as follows:

Sec.  1220.2  Requirements for non-full-size baby cribs.

    (a) Except as provided in paragraph (b) of this section, each non-
full-size baby crib 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: the 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. A free, read-only copy of the standard is available 
for viewing on the ASTM website at www.astm.org/READINGLIBRARY/. You 
may also obtain a copy from ASTM International, 100 Barr Harbor Drive, 
PO 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 sections 5.6.2 through 5.6.2.4 of ASTM F406-
24.
    (2) Do not comply with section 5.16.2 of ASTM F406-24.
    (3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-
24.
    (4) Do not comply with section 7, Performance Requirements for 
Mesh/Fabric Products, of ASTM F406-24.
    (5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-
24.
    (6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-
24.
    (7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-
24.
    (8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-
24.
    (9) Do not comply with sections 8.16 through 8.16.3 of ASTM F406-
24.
    (10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM 
F406-24.
    (11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-
24.
    (12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-
24.
    (13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-
24.
    (14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM 
F406-24.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2025-01721 Filed 1-30-25; 8:45 am]
BILLING CODE 6355-01-P
```