April 6, 2020

On February 25, the Consumer Product Safety Commission Published a Direct Final Rule for Portable Bed Rails (15 CFR 1224), Replacing the 2012 Version of ASTM F 2085-12 with the 2019 Version ASTM F 2085-19

SUMMARY: This rule pertains to portable bed rails intended to be installed on an adult bed to prevent children from falling out of bed.

Section 104(b)(1)(B) of the Consumer Product Safety Improvement Act (CPSIA) requires the CPSC to promulgate consumer product safety standards for durable infant or toddler products. The law requires these standards to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product.

The CPSC is updating 15 CFR 1224 by replacing the 2012 Version of ASTM F 2085-12 with the 2019 Version, ASTM F 2085-19.

The CPSC found that all of the non-substantive changes made in ASTM F2085–19 were neutral regarding safety for portable bed rails because they were editorial in nature. The one substantive change to the standard was the change in the type of twin bed sheet from 50/50 polyester cotton blend to 60/40 polyester cotton blend. The test labs had indicated that it was difficult to find a sheet that could be verified as a 50/50 blend and that most twin sheets on the market were the 60/40 blend.

The CPSC staff believes that changing the sheet source from a 50/50 blend to a 60/40 blend would not affect how a technician performs the test or alter the results of the testing. Therefore, the CPSC concludes that this change is neutral regarding safety while increasing the ease of sourcing the test materials and is adopting this revision as the new safety standard.

DATES: The rule is effective on May 20, 2020, unless the CPSC receives significant adverse comment by March 26, 2020.

On January 31, the Consumer Product Safety Commission Published a Request for Comments on an Evaluation of the CPSC Safety Standards for Full-Size and Non-Full-Size Baby Cribs (16 CFR 1219 and 1220)

DATES: Written comments should be filed on or before March 31, 2020.

SUMMARY:  The CPSC is conducting this review as mandated by Section 610 of the Regulatory Flexibility Act which requires a review within 10 years of when a Standard is issued, if the Standard has a significant economic impact on small entitiesl

The CPSC is seeking comments on:

  1. Safety and Effectiveness
    1. Are there any technological developments that would improve the full-size or non-full-size crib standards?  If so, what would be the impact on large or small suppliers?
    2. Could the standards be improved?  If so, how would this impact suppliers?
  2. Costs and Impacts—Suppliers
    1.  Are there any requirements of the current standards that are unduly burdensome?
    2.  How does the cost of compliance affect crib production?
    3.  What kinds of modifications did manufacturers have to make to comply with the standards?
    4.  Have new entrants come into the market since the standards were issued?  Did the standards presented any difficulties for new entrants?
    5.  Have any manufacturers dropped crib models or crib lines because of the standards?
    6. Was the impact of the standards reduced due to the longer effective date of childcare facilities?
    7.  Are any other small entities affected by these standards?
  3. Recordkeeping and Third Party Testing
    1.  Questions regarding the cost and time required to certify to the standards.
    2.  Are the recordkeeping requirements of the standards adequate, inadequate, or unduly burdensome?
    3.  How frequently do suppliers submit samples to third party testing organization to test conformity of their products?
    4. To what extent has third party testing replaced in-house testing, and therefore not substantially increased the costs to manufacturers?
    5.  Could changes be made in third party testing procedures that would reduce the burden to crib manufacturers while still assuring compliance with the standards?
  4. Clarity and Duplication
    1.  Are there any aspects of the standards that are unclear?
    2.  Do any parts of the standards duplicate or conflict with other federal, state, or local government rules?
  5. Outreach and Advocacy
    1.  Are any suppliers of cribs unaware of the CPSC standards?  How can the CPSC more effectively communicate the standards to those suppliers?
    2.  Are there any cribs as small child care facilities or public accommodation facilities that do not meet the standards?  What can the CPSC do the increase awareness of the standards?

On November 12 ,2019 the Consumer Product Safety Commission (CPSC) Published a Supplemental Notice of Proposed Rulemaking Regarding Inclined Sleep Products for Infants (16 CFR 1226).

SUMMARY EXCERPT: In 2017 the CPSC published a Notice of Proposed Rulemaking (NPR) proposing to adopt a voluntary standard for inclined sleep products developed by ASTM International, with a modification to the standard’s definition of ‘‘accessory.’’ Based on subsequent information and events, the Commission is now issuing a supplemental proposed rule (Supplemental NPR), proposing to adopt the current ASTM standard for inclined sleep products, with modifications that would make the mandatory standard more stringent than the voluntary standard. The proposed changes include limiting the seat back angle for sleep to 10 degrees or less. CPSC’s proposed standard would cover products intended for infant sleep that are not already addressed by another standard. Additionally, the Commission proposes to include the mandatory standard for infant sleep products in the Commission’s list of notices of requirements (NORs). The Commission also proposes to amend the consumer registration rule to identify explicitly infant sleep products as a durable infant or toddler product subject to CPSC’s consumer registration requirements.

DATES: Comments should be submitted by January 27, 2020.

On June 18, the CPSC Published Its Final Rule Safety Standard on Stationary Activity Centers, [(SACs) (16 CFR 1112 and 1238)]

DATES:  The rule will become effective on December 18, 2019. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of December 18, 2019.

PRODUCT DESCRIPTION:

ASTM F2012–18?1 defines an SAC as ‘‘a freestanding product intended to remain stationary that enables a sitting or standing occupant whose torso is completely surrounded by the product to walk, rock, play, spin or bounce, or all of these, within a limited range of motion.’’ ASTM F2012–18?1, section 3.1.12. This definition does not include doorway jumpers.

BACKGROUND:

On June 19, 2018, the Commission issued a notice of proposed rulemaking (NPR), proposing to incorporate by reference the voluntary standard for SACs, ASTM F2012–18?1, without modifications. ASTM F2012–18?1 is still the current version of the standard.

In this final rule, the Commission incorporated by reference ASTM F2012– 18?1, with no modifications, as the mandatory safety standard for SACs. The CPSC staff had consulted with manufacturers, retailers, trade organizations, laboratories, consumer advocacy groups, consultants, and the public to develop this standard, largely through the ASTM standard- development process. In addition, this final rule amended the list of the requirements in 16 CFR part 1112.15(b) for third party conformity testing bodies to include the standard for SACs. This rule was based on information in CPSC staff’s briefing package, ‘‘Staff’s Draft Final Rule for Stationary Activity Centers Under the Danny Keysar Child Product Safety Notification Act,’’ which is available on CPSC’s website.

On December 15, 2017, the CPSC Published a Final Rule Providing a Safety Standard for Children’s Folding Chairs and Stools (16 CFR 1232)

DATES: This rule will become effective June 15, 2018. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of June 15, 2018.

Background:  On October 19, 2015, the Commission issued a notice of proposed rulemaking (NPR) for children’s folding chairs and stools. 80 FR 63155.  The NPR proposed to incorporate by reference the voluntary standard that was in effect at that time, ASTM F2613–14, Standard Consumer Safety Specification for Children’s Chairs and Stools.  ASTM F2613–14 contained testing and performance requirements for any chair or stool used by a single child who can get in and get out of the product unassisted and with a seat height 15 inches or less with or without a rocking base. The NPR proposed to limit the scope of the mandatory standard to folding chairs and stools because the hazards presented by folding chairs and stools are different from non-folding chairs and stools.

Since the NPR was issued, ASTM has revised ASTM F2613–14 several times.  The current version of the standard is ASTM F2613–17a.  The CPSC is issuing a mandatory safety standard that incorporates by reference the most recent voluntary standard, developed by ASTM International, ASTM F2613–17a, for children’s folding chairs and stools. The CPSC mandatory standard does not include non-folding chairs and stools. The Commission is not making any other modifications to the ASTM standard. As required by section 14 of the Consumer Product Safety Act (CPSA), the final rule amends the list of NORs issued by the Commission in 16 CFR Part 1112 to include the standard for children’s folding chairs and stools. The final rule also amends the product registration rule in 16 CFR Part 1130 to identify children’s folding stools, in addition to children’s folding chairs, as durable infant or toddler products for purposes of consumer product registration requirements.