Ban of Crib Bumpers

• Published date: 14 August 2023
• Record Number: 2023-17355
• Citation: 88 FR 54878
• Court: Consumer Product Safety Commission
• Section: Rules and Regulations

54878

Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

1

The Commission voted 4–0 to publish this final

rule. Chair Hoehn-Saric and Commissioner Trumka

issued statements in connection with their votes.

2

The commenters were: Johns Hopkins

Bloomberg School of Public Health; Consumer

Federation of America; Juvenile Products

Manufacturers Association, Inc.; Kids In Danger;

Consumer Reports; and American Academy of

Pediatrics.

3

BreathableBaby, LLC, was the late commenter.

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1309

[CPSC Docket No. 2022–0024]

Ban of Crib Bumpers

AGENCY

: Consumer Product Safety

Commission.

ACTION

: Final rule.

SUMMARY

: The Consumer Product Safety

Commission is issuing this final rule to

codify the ban of crib bumpers pursuant

to the Safe Sleep for Babies Act of 2021,

which requires that crib bumpers,

regardless of the date of manufacture,

shall be considered a banned hazardous

product under the Consumer Product

Safety Act.

DATES

: This rule is effective on

September 13, 2023.

FOR FURTHER INFORMATION CONTACT

: Will

Cusey, Small Business Ombudsman,

U.S. Consumer Product Safety

Commission, 4330 East West Highway,

Bethesda, MD 20814; telephone: (301)

504–7945 or (888) 531–9070; email:

sbo@cpsc.gov.

SUPPLEMENTARY INFORMATION

: Pursuant

to section 3 of the Safe Sleep for Babies

Act of 2021 (SSBA), Public Law 117–

126, 15 U.S.C. 2057e, CPSC is issuing

this final rule to reflect, in the Code of

Federal Regulations, the statutory ban of

crib bumpers that took effect by

operation of law on November 12, 2022.

I. Background and Statutory Authority

On May 3, 2022, Congress passed the

SSBA, which the President signed on

May 16, 2022. Section 3(a) of the SSBA

requires that, not later than 180 days

after enactment, ‘‘crib bumpers,

regardless of the date of manufacture,

shall be considered a banned hazardous

product’’ under section 8 of the

Consumer Product Safety Act (CPSA)

(15 U.S.C. 2057). 15 U.S.C. 2057e(a).

The 180th day after enactment was

November 12, 2022.

On July 26, 2022, the Consumer

Product Safety Commission

(Commission or CPSC) published a

notice of proposed rulemaking (NPR)

stating the Commission’s intention to

codify the language in the SSBA

requiring that crib bumpers be

considered a banned hazardous product

under section 8 of the CPSA. 87 FR

44307 (July 26, 2022). CPSC requested

and received comments from the public

on the proposed rule.

Because the SSBA mandated that crib

bumpers shall be considered a banned

hazardous product under section 8 of

the CPSA, CPSC also terminated a prior

proposed rule to establish a consumer

product safety standard for crib

bumpers/liners pursuant to section 104

of the Consumer Product Safety

Improvement Act of 2008. 87 FR 44306

(July 26, 2022).

II. Overview of the Final Rule Banning

Crib Bumpers

In this rule, the Commission codifies

the SSBA’s mandate that crib bumpers

are a banned hazardous product, as set

forth in this section of this preamble.

1

A. Definitions

The Commission is codifying the

definition of ‘‘crib bumper’’ used in the

SSBA, 15 U.S.C. 2057e(b), which states

that ‘‘crib bumper’’:

(1) Means any material that is

intended to cover the sides of a crib to

prevent injury to any crib occupant from

impacts against the side of a crib or to

prevent partial or complete access to

any openings in the sides of a crib to

prevent a crib occupant from getting any

part of the body entrapped in any

opening;

(2) Includes a padded crib bumper, a

supported and unsupported vinyl

bumper guard, and vertical crib slat

covers; and

(3) Does not include a non-padded

mesh crib liner.

B. Effective Date

Section 3(a) of the SSBA states that

crib bumpers shall be considered a

banned hazardous product ‘‘not later

than 180 days after the enactment of this

Act.’’ The NPR proposed an effective

date of November 12, 2022, which was

180 days after enactment of the SSBA.

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. 553(d). Because the November

12, 2022, effective date proposed in the

NPR has passed, and because

commenters supported CPSC

implementing the rule expeditiously,

the Commission is finalizing this rule

with a 30-day effective date, the

minimum permitted under the APA.

Although the final rule will not be

effective until September 13, 2023, the

ban of crib bumpers has been in effect

since November 12, 2022, pursuant to

the SSBA. To reflect that the SSBA took

effect on November 12, 2022, 16 CFR

1309.4 notifies the public that the ban

of crib bumpers was effective as of

November 12, 2022.

C. Inventory

The SSBA states that the ban applies

to crib bumpers ‘‘regardless of the date

of manufacture.’’ Therefore, by statute,

crib bumpers manufactured at any time

became banned hazardous products as

of November 12, 2022.

III. Response to Comments

CPSC received six comments on the

NPR during the comment period.

2

After

the comment deadline, CPSC received a

seventh comment

3

that primarily

addressed non-padded mesh crib liners,

which are outside the scope of this rule.

The seventh comment has been added

to the docket for this rulemaking,

although it did not address the

substance of this rule.

A. Effective Date

All the commenters supported CPSC

codifying the ban of crib bumpers, as

stated in the SSBA. None of the

commenters suggested any revisions to

the language of the proposed rule. Five

of the commenters addressed the

effective date of this rule. All five agreed

with an effective date not later than

November 12, 2022; four of these

commenters (Johns Hopkins Bloomberg

School of Public Health, Kids In Danger

(KID), Consumer Reports, and American

Academy of Pediatrics) urged CPSC to

act as quickly as possible, asserting that

an earlier effective date would benefit

the public by improving safety. The

SSBA’s statutory ban of crib bumpers

went into effect on November 12, 2022.

The final rule will become effective 30

days after it is published, though crib

bumpers have been banned pursuant to

the SSBA since November 12, 2022.

Commenter KID specifically

commended CPSC’s inclusion of the

language from the SSBA stating that crib

bumpers are banned regardless of the

date of manufacture. The Consumer

Federation of America agreed that crib

bumpers manufactured before the

effective date, as well as those

manufactured after the effective date,

are banned products.

B. Testing and Certification

CPSC sometimes requires testing and

certification to demonstrate that a

product is not within the scope of a ban.

Section 14(a)(2) of the CPSA requires

the manufacturer or private labeler of a

children’s product that is subject to a

children’s product safety rule to certify

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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

that, based on a third-party conformity

assessment body’s testing, the product

complies with the applicable children’s

product safety rule. 15 U.S.C. 2063(a)(2).

A ‘‘children’s product’’ is a consumer

product ‘‘designed or intended

primarily for children 12 years of age or

younger.’’ Id. 2052(a)(2). A ‘‘children’s

product safety rule’’ includes rules

under any act enforced by the

Commission that ‘‘declar[e] a consumer

product to be a banned hazardous

product or substance.’’ Id. 206(f)(1). Crib

bumpers as defined in the SSBA meet

the definition of a children’s product for

the purpose of Section 14. This final

rule, which codifies crib bumpers as a

banned hazardous product pursuant to

the SSBA, fits the definition of a

children’s product safety rule under the

CPSA. However, because the ban does

not leave any crib bumpers in the

marketplace, in this instance there is

nothing to test. Though commenters

provided a variety of ideas regarding

testing and certification requirements,

emerging products, age grading, and

attachment issues for non-padded mesh

crib liners, none urged a test for crib

bumpers. Although the Commission

may consider these issues at a later

time, as warranted, CPSC is limiting this

rule to codification of the terms of the

ban prescribed by the SSBA. Therefore,

CPSC has not made any revisions to the

proposed rule based on these comments.

C. Technical and Clarifying Revisions

For the final rule, the Commission has

updated the language proposed in the

NPR by replacing the public law citation

for the SSBA (Pub. L. 117–126) with the

new U.S. Code citation (15 U.S.C.

2057e).

The Commission has also revised the

proposed 16 CFR 1309.1, Purpose and

scope, to more fully describe the

substantive effect of Congress’s

classification of crib bumpers as banned

hazardous products. Section 1309.1 of

the final rule makes clear that the rule

prohibits not only the sale of banned

crib bumpers but also, in accordance

with section 19(a)(1) of the CPSA, the

offer for sale, manufacture for sale,

distribution in commerce, or

importation into the United States, of

these products. See 15 U.S.C. 2068(a)(1).

The Commission has also revised the

proposed 16 CFR 1309.4, Effective date,

to clarify that the ban of crib bumpers

was effective as of November 12, 2022,

pursuant to the SSBA, but that this final

rule is effective as of September 13,

2023. The promulgation of this final

rule does not change the fact that

inclined sleepers have been banned

pursuant to the SSBA since November

12, 2022.

III. Preemption

Section 3(b)(2)(A) of Executive Order

12988, Civil Justice Reform (Feb. 5,

1996), directs agencies to specify the

preemptive effect of any rule. 61 FR

4729 (Feb. 7, 1996). Because the SSBA

states that crib bumpers are a banned

hazardous product, any state

performance standards allowing the sale

of crib bumpers, as defined in the SSBA

and this rule, would be inconsistent

with federal law and therefore

preempted by this ban.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601–612, requires that agencies

review proposed and final rules for their

potential economic impact on small

entities, including small businesses, and

identify alternatives that may reduce

such impact, unless the agency certifies

that the rule will not, if promulgated,

have a significant economic impact on

a substantial number of small entities.

In the NPR, the Commission certified

that the final rule will not have a

significant economic impact on a

substantial number of small entities and

received no comment on that issue. 87

FR 44308.

VII. Environmental Considerations

The Commission’s regulations at 16

CFR part 1021 address whether the

agency must prepare an environmental

assessment or an environmental impact

statement. Under those regulations,

certain categories of CPSC actions that

have ‘‘little or no potential for affecting

the human environment’’ do not require

an environmental assessment or an

environmental impact statement. 16

CFR 1021.5(c). This final rule codifying

section 3 of the SSBA falls within the

categorical exclusion, so no

environmental assessment or

environmental impact statement is

required.

VIII. Paperwork Reduction Act

This final rule contains no

information collection requirements that

would be subject to public comment

and review by the Office of Management

and Budget under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3521).

IX. Congressional Review Act

The Congressional Review Act (CRA;

5 U.S.C. 801–808) states that, before a

rule can 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), and indicate

whether the rule is a ‘‘major rule’’ as

defined in 5 U.S.C. 804(2). The CRA

further states that the Office of

Information and Regulatory Affairs

(OIRA) determines whether a rule

qualifies as a ‘‘major rule.’’ OIRA has

determined that this rule is not a ‘‘major

rule’’ under the CRA. To comply with

the CRA, the Commission will submit

the required information to each House

of Congress and the Comptroller

General.

List of Subjects in 16 CFR Part 1309

Administrative practice and

procedure, Consumer protection, Infants

and children.

■For the reasons discussed above, the

Commission adds part 1309 to title 16

of the Code of Federal Regulations as

follows:

PART 1309—BAN OF CRIB BUMPERS

Sec.

1309.1 Purpose and Scope

1309.2 Definition

1309.3 Banned Hazardous Product

1309.4 Effective Date

Authority: 15 U.S.C. 2057e.

§ 1309.1 Purpose and Scope

The purpose of this rule is to prohibit

the sale, offer for sale, manufacture for

sale, distribution in commerce, or

importation into the United States, of

any crib bumpers, as defined in part

1309.2, as set forth in the Safety Sleep

for Babies Act of 2021 (15 U.S.C. 2057e).

§ 1309.2 Definition

Crib bumper:

(1) Means any material that is

intended to cover the sides of a crib to

prevent injury to any crib occupant from

impacts against the side of a crib or to

prevent partial or complete access to

any openings in the sides of a crib to

prevent a crib occupant from getting any

part of the body entrapped in any

opening;

(2) Includes a padded crib bumper, a

supported and unsupported vinyl

bumper guard, and vertical crib slat

covers; and

(3) Does not include a non-padded

mesh crib liner.

§ 1309.3 Banned Hazardous Product

Any crib bumper, as defined in

section 1309.2, regardless of the date of

manufacture, is a banned hazardous

product under section 8 of the

Consumer Product Safety Act (15 U.S.C.

2057).

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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

§ 1309.4 Effective Date

By statute, the effective date of this

ban is November 12, 2022. This effective

date of this rule is September 13, 2023.

Alberta E. Mills,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 2023–17355 Filed 8–11–23; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental

Enforcement

30 CFR Part 285

[Docket No. BSEE–2022–0015; EEEE500000

223E1700D2 ET1SF0000.EAQ000]

RIN 1082–AA03

Reorganization of Title 30—Renewable

Energy and Alternate Uses of Existing

Facilities on the Outer Continental

Shelf; Correction

AGENCY

: Bureau of Safety and

Environmental Enforcement (BSEE),

Interior.

ACTION

: Correcting amendment.

SUMMARY

: BSEE is publishing a

correcting amendment to substitute new

Office of Management and Budget

(OMB) Control Number 1014–0034 for

the placeholder included in the

Paperwork Reduction Act statements—

information collection promulgated in

the final rule.

DATES

: This correcting amendment is

effective on August 14, 2023.

FOR FURTHER INFORMATION CONTACT

:

Nikki Mason, Program Analyst, at regs@

bsee.gov, 703–787–1607.

SUPPLEMENTARY INFORMATION

: BSEE is

publishing a correction to the final rule,

Reorganization of Title 30—Renewable

Energy and Alternate Uses of Existing

Facilities on the Outer Continental

Shelf, which published in the Federal

Register on January 31, 2023 [88 FR

6376], to add the OMB control number

to BSEE’s new § 285.114, Paperwork

Reduction Act statements—information

collection. Because the OMB control

number could not be issued prior to

publication of the final rule, BSEE

included a placeholder for the control

number at the relevant location in the

regulation. OMB has since issued the

control number, and this correction

substitutes that number for the

placeholder. Because this correction is

clerical in nature only and does not

impact the rights or interests of any

party under the final rule, BSEE has

good cause for not publishing this

correction for notification and public

comment, since such a publication is

unnecessary.

List of Subjects in 30 CFR Part 285

Continental shelf, Energy,

Environmental protection, Historic

preservation, Marine resources, Marine

safety, Natural resources, Ocean

resources, Offshore energy, Offshore

structures, Outer continental shelf,

Renewable energy, Reporting and

recordkeeping requirements, Safety,

Wind energy.

Laura Daniel-Davis,

Principal Deputy Assistant Secretary, Land

and Minerals Management.

Accordingly, the Bureau of Safety and

Environmental Enforcement is making

the correcting amendment to 30 CFR

part 285 as follows:

PART 285—RENEWABLE ENERGY

AND ALTERNATE USES OF EXISTING

FACILITIES ON THE OUTER

CONTINENTAL SHELF

■1. The authority citation for part 285

continues to read as follows:

Authority: 43 U.S.C. 1331 et seq.

■2. Amend § 285.114 by revising

paragraph (a) to read as follows:

§ 285.114 Paperwork Reduction Act

statements—information collection.

(a) The Office of Management and

Budget (OMB) has approved the

information collection requirements in

30 CFR part 285 under 43 U.S.C. 1331

et seq. and assigned OMB Control

Number 1014–0034. The table in

paragraph (e) of this section lists the

subparts in the rule requiring the

information and its title, summarizes

the reasons for collecting the

information, and summarizes how BSEE

uses the information.

* * * * *

[FR Doc. 2023–17421 Filed 8–11–23; 8:45 am]

BILLING CODE 4310–VH–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2023–0610]

RIN 1625–AA00

Safety Zone; Ohio River Mile Markers

90.4–91, Wheeling, WV

AGENCY

: Coast Guard, DHS.

ACTION

: Temporary final rule.

SUMMARY

: The Coast Guard is proposing

to establish a temporary safety zone for

the Ohio River on August 23, 2023, at

mile marker 90.4 to mile marker 91 from

5 through 9 p.m. This action is

necessary to provide for the safety of life

on the navigable waters during a

floating lantern festival. This rule

prohibits persons and vessels from

being in the safety zone unless

authorized by the Captain of the Port

Pittsburgh (COTP) or a designated

representative.

DATES

: This rule is effective on August

23, 2023, from 5 through 9 p.m.

ADDRESSES

: To view documents

mentioned in this preamble as being

available in the docket, go to https://

www.regulations.gov, type USCG–2023–

0610 in the search box and click

‘‘Search.’’ Next, in the Document Type

column, select ‘‘Supporting & Related

Material.’’

FOR FURTHER INFORMATION CONTACT

: If

you have questions on this rule, call or

email LTJG Eyobe Mills, Marine Safety

Unit Pittsburgh, U.S. Coast Guard, at

telephone 412–221–0807, email

Eyobe.D.Mills@uscg.mil.

SUPPLEMENTARY INFORMATION

:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background Information and

Regulatory History

The Coast Guard is issuing this

temporary rule without prior notice and

opportunity to comment pursuant to

authority under section 4(a) of the

Administrative Procedure Act (APA) (5

U.S.C. 553(b)). This provision

authorizes an agency to issue a rule

without prior notice and opportunity to

comment when the agency for good

cause finds that those procedures are

‘‘impracticable, unnecessary, or contrary

to the public interest.’’ Under 5 U.S.C.

553(b)(B), the Coast Guard finds that

good cause exists for not publishing a

notice of proposed rulemaking (NPRM)

with respect to this rule because it is

impracticable and contrary to the public

interest. This safety zone must be

established by August 23, 2023, to

provide for the safety of life on the

navigable waters during a floating

lantern festival, and we lack sufficient

time to provide a reasonable comment

period and then consider those

comments before issuing this rule. The

NPRM process would delay the

establishment of the safety zone until

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