[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81788-81789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32179]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1508 and 1509
Revocation of Requirements for Full-Size Baby Cribs and Non-Full-
Size Baby Cribs
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: Section 104(b) of the Consumer Product Safety Improvement Act
of 2008 (``CPSIA'') requires the U.S. Consumer Product Safety
Commission (``CPSC'' or ``Commission'') to promulgate consumer product
safety standards for durable infant or toddler products. These
standards are to be ``substantially the same as'' applicable voluntary
standards or more stringent than the voluntary standard if the
Commission concludes that more stringent requirements would further
reduce the risk of injury associated with the product. The Commission
is issuing this rule to revoke its existing regulations pertaining to
full-size and non-full-size cribs because, elsewhere in this issue of
the Federal Register, the Commission is issuing consumer product safety
standards for cribs that will further reduce the risk of injury
associated with these products under section 104 of the CPSIA. The new
consumer product safety standards for cribs will include the
requirements that have been in 16 CFR parts 1508 and 1509 for full-size
and non-full-size cribs. To eliminate duplication, the Commission is
removing 16 CFR parts 1508 and 1509 entirely.
DATES: Effective June 28, 2011.
FOR FURTHER INFORMATION CONTACT: Christopher Melchert, Division of
Regulatory Enforcement, Office of Compliance, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301)
504-7588; [email protected].
SUPPLEMENTARY INFORMATION:
A. What regulations is the CPSC revoking?
The CPSC first published the full-size crib regulation, 16 CFR part
1508, in 1973 (38 FR 32129 (Nov. 21, 1973)) and amended it in 1982. The
CPSC published the regulation for non-full-size cribs, 16 CFR part
1509, in 1976 (41 FR 6240 (Feb. 12, 1976)), and amended it in 1982.
Both standards contain requirements pertaining to dimensions, spacing
of components, hardware, construction and finishing, assembly
instructions, cutouts, identifying marks, warning statements, and
compliance declarations. In addition, 16 CFR part 1509 contains a
requirement regarding mattresses.
B. Why is the CPSC revoking the regulations pertaining to cribs?
The Consumer Product Safety Improvement Act of 2008, Public Law
110-314 (``CPSIA''), was enacted on August 14, 2008. Section 104(b) of
the CPSIA requires the Commission to promulgate consumer product safety
standards for durable infant or toddler products. These standards are
to be ``substantially the same as'' applicable voluntary standards or
more stringent than the voluntary standard if the Commission concludes
that more stringent requirements would further reduce the risk of
injury associated with the product. Elsewhere in this issue of the
Federal Register, the Commission is issuing safety standards for full-
size and non-full-size cribs under the authority of section 104 of the
CPSIA. These new standards adopt the voluntary standards developed by
ASTM International (formerly known as the American Society for Testing
and Materials), which are more stringent in some respects than the
current applicable standards, and include ASTM F 1169-10, ``Standard
Consumer Safety Specification for Full-Size Baby Cribs,'' and ASTM F
406-10a, ``Standard Consumer Safety Specification for Non-Full-Size
Baby Cribs/Play Yards.''
The crib standards that the CPSC is publishing elsewhere in this
issue of the Federal Register incorporate all of the requirements
currently found in 16 CFR parts 1508 and 1509. Consequently, the
requirements found at 16 CFR parts 1508 and 1509 have become redundant.
The Commission, therefore, is revoking 16 CFR parts 1508 and 1509 in
their entirety.
The Commission emphasizes that the revocation of 16 CFR parts 1508
and 1509 would have no substantive effect on crib safety. The
requirements from 16 CFR parts 1508 and 1509 still apply to full-size
and non-full-size cribs, but are
[[Page 81789]]
part of new consumer product safety standards to be codified at 16 CFR
parts 1219 and 1220.
C. Comment on the Proposal
In the Federal Register of July 23, 2010 (75 FR 43107), the
Commission published a notice of proposed rulemaking proposing to
revoke 16 CFR parts 1508 and 1509. We received one comment on the
proposal. The comment agreed with the proposed revocation, stating:
``The proposed new regulations will be more thorough and comprehensive
than the old regulations. It is simply logical to revoke the old
outdated 16 CFR parts 1508 and 1509.''
We agree with the comment, and therefore, we are revoking 16 CFR
parts 1508 and 1509 entirely.
D. Paperwork Reduction Act
This rule would not impose any information collection requirements.
Accordingly, this rule is not subject to the Paperwork Reduction Act,
44 U.S.C. 3501-3520.
E. Environmental Considerations
This rule falls within the scope of the Commission's environmental
review regulation at 16 CFR 1021.5(c)(1), which provides a categorical
exclusion from any requirement for the agency to prepare an
environmental assessment or environmental impact statement for rules
that revoke product safety standards.
F. Effective Date
The final rule to revoke 16 CFR parts 1508 and 1509 becomes
effective on June 28, 2011. This date corresponds to the effective date
of the new mandatory standards developed for full-size and non-full-
size cribs.
List of Subjects
16 CFR Part 1508
Consumer protection, Cribs and bassinets, Infants and children,
Reporting and recordkeeping requirements.
16 CFR Part 1509
Consumer protection, Cribs and bassinets, Infants and children,
Reporting and recordkeeping requirements.
0
For the reasons stated above, and under the authority of section 3 of
the CPSIA and 5 U.S.C. 553, the Consumer Product Safety Commission
removes 16 CFR parts 1508 and 1509 entirely.
PART 1508--[REMOVED]
0
1. Under authority of section 3 of the CPSIA, part 1508 is removed.
PART 1509--[REMOVED]
0
2. Under authority of section 3 of the CPSIA, part 1509 is removed.
Dated: December 17, 2010.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010-32179 Filed 12-27-10; 8:45 am]
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