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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
durable infant or toddler product to:
Provide a postage-paid consumer registration form with each product;
keep records of consumers who register their products with the manufacturer;
and permanently place the manufacturers name and certain other identifying information on the product.
When the Commission issued the consumer registration rule, the Commission identified six additional products as durable infant or toddler products to add to the statutory list in section 104f2 of the CPSIA:
D childrens folding chairs D changing tables;
D infant bouncers;
D infant bathtubs;
D bed rails; and D infant slings.
16 CFR 1130.2. The Commission stated that the specified statutory categories were not exclusive, but that the Commission should explicitly identify the product categories that are covered.
The preamble to the 2009 final consumer registration rule states:
Because the statute has a broad definition of a durable infant or toddler product but also includes 12 specific product categories, additional items can and should be included in the definition, but should also be specifically listed in the rule. 74 FR
68668, 68669 Dec. 29, 2009.
In the SNPR, the Commission proposed to amend the definition of durable infant or toddler product in the consumer registration rule to clarify that infant sleep products fall within the term durable infant or toddler product as a subset of bassinets and cradles, and must comply with the consumer registration rule and section 104 of the CPSIA. CPSC received a comment stating that the SNPR failed to discuss which product types would be considered durable infant or toddler products for product registration card purposes, and simply concludes in a circular fashion that infant sleep products are durable infant or toddler products. The commenter believes that a specific rationale is required for each product to independently qualify as a durable infant or toddler product. The commenter concludes that under the APA, the Commission must specifically define products that fall within an infant sleep product in another SNPR
before it can issue a final rule.
We disagree with the commenter and finalize the amendment to part 1130, as proposed in the 2019 SNPR, to include infant sleep products as a durable infant or toddler product, as a subcategory of bassinets and cradles.
Based on the definition of a durable
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infant or toddler product in section 104f of the CPSIA, and in 1130.2, which define the term as products intended for use, or that may be reasonably expected to be used, by children under the age of 5 years, infant sleep products are a durable infant or toddler product. Infant sleep products are defined in the final rule as a product marketed or intended as a sleeping accommodation for an infant up to 5 months old. Accordingly, the products are intended for use, and reasonably expected to be used, by children under 5 years old. Moreover, products intended for infant sleep are similar to products on the statutory list intended for infant sleep, such as cribs, bassinets and cradles. Moreover, infant sleep products are further defined in the final rule. Finally, as discussed in section V of this preamble, the Safety Standard for Infant Sleep Products, for both inclined and flat sleep products, is an outgrowth of efforts to develop a safety standard for bassinets and cradles, and may be considered a subcategory of bassinets. To provide greater clarity that inclined sleep products are durable infant or toddler products subject to the consumer registration rule, as well as third party testing and certification requirements for durable infant or toddler products, the Commission finalizes the amendment to 16 CFR 1130.2a12, as proposed, to explicitly include infant sleep products as a subcategory of bassinets and cradles.
XI. Incorporation by Reference Section 1236.2a of the final rule provides that each infant sleep product must comply with applicable provisions of ASTM F311817a. The Office of the Federal Register OFR has regulations concerning incorporation by reference. 1
CFR part 51. For a final rule, agencies must discuss in the preamble to the rule the way in which materials that the agency incorporates by reference are reasonably available to interested persons, and how interested parties can obtain the materials. Additionally, the preamble to the rule must summarize the material. 1 CFR 51.5b.
In accordance with the OFRs requirements, sections VI.A and VIII of this preamble summarize the provisions of ASTM F311817a that the Commission is incorporating by reference. ASTM F311817a is copyrighted. Before the effective date of this rule, you may view a copy of ASTM
F311817a at: https www.astm.org/
cpsc.htm. Once the rule becomes effective, ASTM F311817a can be viewed free of charge as a read-only document at: https www.astm.org/

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READINGLIBRARY/. To download or print the standard, interested persons may purchase a copy of ASTM F3118
17a from ASTM, through its website http www.astm.org, or by mail from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, PA 19428; http
www.astm.org. Alternatively, interested parties may inspect a copy of the standard free of charge by contacting Alberta E. Mills, Division of the Secretariat, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: 3015047479; email: cpscos@cpsc.gov.
XII. Effective Date The Administrative Procedure Act APA generally requires that the effective date of a rule be at least 30
days after publication of the final rule.
5 U.S.C. 553d. CPSC generally considers 6 months to be sufficient time for suppliers of durable infant and toddler products to come into compliance with a new standard under section 104 of the CPSIA. Six months is also the period that the Juvenile Products Manufacturers Association JPMA typically allows for products in the JPMA certification program to transition to a new standard once that standard is published.
The 2019 SNPR proposed 12-month effective date after publication of the final rule, for products manufactured or imported on or after that date, because:
1 the Commission was proposing to incorporate by reference, ASTM F3118
17a, a relatively new voluntary standard that covers a variety of products whose manufacturers may not be aware that their product must comply; and 2 the Commission proposed to make substantial modifications to ASTM
F311817a, and a 12-month effective date would allow time for infant sleep product manufacturers to bring their products into compliance after a final rule is issued. 84 FR 60958. The 2019
SNPR stated that the Commission expects that most firms should be able to comply within the 12-month timeframe. The 2019 SNPR also requested comment on the proposed 12month effective date, because of the hazards involved with infant inclined sleep products, and stated that the final rule could issue with a shorter effective date, so that safer products would be available sooner. Id.
The 2019 SNPR commenters both supported and opposed the 12-month effective date. Some commenters supported a 6-month effective date, urging that additional time for the rule to become effective puts infants at risk.

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