(a) Scope. This part establishes a consumer product safety standard for new and used non-full-size baby cribs.

(b) Compliance dates. (1) Except as provided in paragraph (b)(2) of this section, compliance with this part 1220 shall be required on June 28, 2011, and applies to the manufacture, sale, contract for sale or resale, lease, sublet, offer, provision for use, or other placement in the stream of commerce of a new or used non-full-size baby crib on or after that date.

(2) Child care facilities, family child care homes, and places of public accommodation affecting commerce shall be required to comply with this part on December 28, 2012, but this provision applies only to the offer or provision for use of cribs by child care facilities, family child care homes, and places of public accommodation affecting commerce and not the sale, resale, or other placement in the stream of commerce of cribs by these entities.

(c) Definitions. (1) Non-full-size baby crib means a bed that is:

(i) Designed to provide sleeping accommodations for an infant;

(ii) Intended for use in or around the home, for travel, in a child care facility, in a family child care home, in a place of public accommodation affecting commerce and other purposes;

(iii) Has an interior length dimension either greater than 139.7 cm (55 in.) or smaller than 126.3 cm (49 3/4 in.), or, an interior width dimension either greater than 77.7 cm (30 5/8 in.) or smaller than 64.3 cm (25 3/8 in.), or both;

(iv) Includes, but is not limited to, the following:

(A) Portable crib—a non-full-size baby crib designed so that it may be folded or collapsed, without disassembly, to occupy a volume substantially less than the volume it occupies when it is used.

(B) Crib pen—a non-full-size baby crib with rigid sides the legs of which may be removed or adjusted to provide a play pen or play yard for a child.

(C) Specialty crib—an unconventionally shaped (circular, hexagonal, etc.) non-full-size baby crib incorporating a special mattress or other unconventional components.

(D) Undersize crib—a non-full-size baby crib with an interior length dimension smaller than 126.3 cm (49 3/4 in.), or an interior width dimension smaller than 64.3 cm (25 3/8 in.), or both.

(E) Oversize crib—a non-full-size baby crib with an interior length dimension greater than 139.7 cm (55 in.), or an interior width dimension greater than 77.7 cm (30 5/8 in.), or both.

(v) Does not include mesh/net/screen cribs, nonrigidly constructed baby cribs, cradles (both rocker and pendulum types), car beds, baby baskets, and bassinets (also known as junior cribs).

(2) Play yard means a framed enclosure that includes a floor and has mesh or fabric sided panels primarily intended to provide a play or sleeping environment for children. It may fold for storage or travel.

(3) Place of public accommodation affecting commerce means any inn, hotel, or other establishment that provides lodging to transient guests, except that such term does not include an establishment treated as an apartment building for purposes of any State or local law or regulation or an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied as a residence by the proprietor of such establishment.

(a) Except as provided in paragraph (b) of this section, each non-full-size baby crib shall comply with all applicable provisions of ASTM F406-22, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, approved on October 1, 2022. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the U.S. Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814, telephone (301) 504-7479, email: [email protected]. For information on the availability of this material at NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. A free, read-only copy of the standard is available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may also obtain a copy from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585; www.astm.org.

(b) Comply with the ASTM F406-22 standard with the following exclusions:

(1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F406-22.

(2) Do not comply with section 5.16.2 through 5.16.2.2 of ASTM F406-22.

(3) Do not comply with sections 5.19 through 5.19.2.2 of ASTM F406-22.

(4) Do not comply with section 7, Performance Requirements for Mesh/Fabric Products, of ASTM F406-22.

(5) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F406-22.

(6) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F406-22.

(7) Do not comply with sections 8.14 through 8.14.2 of ASTM F406-22.

(8) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F406-22.

(9) Do not comply with section 8.16 through 8.16.3 of ASTM F406-22.

(10) Do not comply with sections 8.28 through 8.28.3.2 of ASTM F406-22.

(11) Do not comply with sections 8.29 through 8.29.3 of ASTM F406-22.

(12) Do not comply with sections 8.30 through 8.30.5 of ASTM F406-22.

(13) Do not comply with sections 8.31 through 8.31.9 of ASTM F406-22.

(14) Do not comply with sections 9.3.2 through 9.3.2.4 of ASTM F406-22.

[88 FR 13691, June 6, 2023]