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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations Other commenters requested a longer effective date, or an indefinite delay of the rulemaking, until ASTM completes additional standards for specific products covered by the final rule.
For the final rule, the Commission will maintain the 2019 SNPR proposed effective date of 12 months after the date of publication in the Federal Register.
Accordingly, as of the effective date of the final rule, it is unlawful to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States, any infant sleep product, as defined in the rule, that is not in conformity with the final rule. 15
U.S.C. 2068a1.
A 6-month effective date may seem reasonable because suppliers have had ample lead time to prepare for this rule since the SNPR was published in 2019, and many of the products within the scope of the final rule have been withdrawn from the market or redesigned, particularly for inclined sleep products. However, some manufacturers of flat sleep products that remain in the market will likely experience a significant economic impact as a result of this final rule.
While some suppliers can reduce the impact of this rule by relabeling their products as not for infant sleep, not all manufacturers can simply remarket the product if the physical form of the product demonstrates that it is intended for sleep. For some of these products, manufacturers could relabel them as intended for infants older than five months, or, in some cases, for pets.
However, the demand for infant sleep products for pet use is probably limited.
Accordingly, maintaining the proposed 12-month effective date will provide manufacturers and importers time to spread the impact of the rule over a 12
month time period, to reduce the economic impact of the final rule.

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XIII. Regulatory Flexibility Act A. Introduction The Regulatory Flexibility Act RFA, 5 U.S.C. 601612, requires that agencies review a proposed rule and a final rule for the rules potential economic impact on small entities, including small businesses. Section 604 of the RFA
generally requires that agencies prepare a final regulatory flexibility analysis FRFA when promulgating final rules, unless the head of the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Staff prepared a FRFA that is available at Tab E of Staffs Final Rule Briefing Package.
The scope of this FRFA and the number of firms impacted is different
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from the Initial Regulatory Flexibility Analysis IRFA that accompanied the 2017 NPR, because the scope of the NPR
was inclined sleep products, while the scope of the final rule is infant sleep products, defined in the final rule as products that are marketed or intended to provide sleeping accommodations for an infant up to 5 months of age, and that are not already covered by a mandatory CPSC sleep standard: Full-size cribs, non-full-size cribs, play yards, bassinets and cradles, or bedside sleepers. This change in scope from the proposed rule was specified in the 2019 SNPR, and includes inclined and non-inclined flat infant sleep products. Some inclined sleep products have been recalled or otherwise voluntarily removed from the market since 2019, so some firms that were forecast to be impacted in the IRFA are not likely to be impacted by this final rule, because the firms have already stopped selling those products. However, a significant economic impact is possible for suppliers of flat sleep products that were not analyzed in the IRFA, as well as remaining suppliers of inclined products. Flat sleep products without inclined sleep surfaces include: Baby boxes, compact and travel bassinets that do not meet the bassinet standard, inbed sleepers, baby tents marketed for infant sleep, baby pods, and baby nests.
Pursuant to the final rule, firms whose infant sleep products do not comply with any CPSC sleep standard will need to evaluate their products, determine what changes would be required to meet an existing CPSC standard, or 16 CFR
part 1218, the Safety Standard for Bassinets and Cradles, and decide how to proceed. Noncompliant products would need to be removed from the U.S.
market, modified to meet the mandatory standard as specified in this final rule, remarketed for children older than 5
months, or remarketed as not intended for infant sleep. New infant sleep products introduced to the market would also need to comply with the standard, or one of the other CPSC sleep standards. The final rule defines an infant sleep product as a product marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, and that does not already meet a mandatory CPSC sleep standard. CPSC interprets this definition to include products that are marketed for napping, snoozing, dreaming, or any other word that implies sleeping, or that are called a bed, and items marketed with a picture of a sleeping infant, to be an infant sleep product.
Based on the staffs analysis, the Commission anticipates a possible significant economic impact for twelve
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small importers and nine small domestic manufacturers that supply infant sleep products to the U.S. market, as well as for hundreds of home-based small businesses that ship from the U.S.
We provide a summary of the FRFA
below.
B. The Market for Infant Sleep Products Section II of this preamble describes the infant sleep products within the scope of the final rule, the products excluded from the final rule, and a description of the market for infant sleep products, including a summary of retail prices for various types of infant sleep products.
C. Products and Small Entities to Which the Final Rule Would Apply 1. Overview of Products Covered by, and Excluded From, the Final Rule Section II.A and B of this preamble describe the products subject to, and excluded from, the final rule. This rule is intended to cover infant sleep products, defined in the final rule as products that are marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, and that are not already covered by a mandatory CPSC sleep standard: Fullsize cribs, non-full-size cribs, play yards, bassinets and cradles, or bedside sleepers. A detailed description of the products covered by the final rule is set forth in section II.C of this preamble, and includes:
Inclined products, such as: Hard frame inclined sleepers, compact foam inclined sleepers, inclined play yard accessories, and baby hammocks;
and Flat products, such as: Soft-sided products baby pods and baby nests, soft-sided travel bassinets or travel beds, hand-held carriers marketed for sleep, and in-bed sleepers, rigidsided and rigid-framed compact bassinets, travel bassinets, and similar products baby boxes, compact, portable, or travel bassinets, or infant travel beds, and baby tents.
None of these products is covered by an existing CPSC sleep standard. CPSC
considers that any items marketed for napping, snoozing, or dreaming, or any other word that implies sleeping, or that are called a bed, as well as items marketed with a picture of a sleeping infant, to be an infant sleep product.
Products that are subject to another CPSC sleep standard, or to another durable infant or toddler product rule that is not marketed for sleep, such as infant bouncers or swings, are not subject to the final rule. Moreover, a crib
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