Proposed Rule2026-01807
Notice of Availability and Request for Comment: Revision to the Voluntary Standard for Infant and Cradle Swings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 29, 2026
Issuing agencies
Consumer Product Safety Commission
Abstract
The U.S. Consumer Product Safety Commission's (Commission or CPSC) mandatory rule, Safety Standard for Infant and Cradle Swings, incorporates by reference ASTM F2088-24, Standard Consumer Safety Specification for Infant and Cradle Swings. ASTM notified the Commission that it has revised this incorporated voluntary standard. CPSC seeks comment on whether the revision improves the safety of infant and cradle swings.
Full Text
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<title>Federal Register, Volume 91 Issue 19 (Thursday, January 29, 2026)</title>
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[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Proposed Rules]
[Pages 3845-3846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01807]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 19 / Thursday, January 29, 2026 /
Proposed Rules
[[Page 3845]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1223
[Docket No. CPSC-2013-0025]
Notice of Availability and Request for Comment: Revision to the
Voluntary Standard for Infant and Cradle Swings
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of availability and request for comment.
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SUMMARY: The U.S. Consumer Product Safety Commission's (Commission or
CPSC) mandatory rule, Safety Standard for Infant and Cradle Swings,
incorporates by reference ASTM F2088-24, Standard Consumer Safety
Specification for Infant and Cradle Swings. ASTM notified the
Commission that it has revised this incorporated voluntary standard.
CPSC seeks comment on whether the revision improves the safety of
infant and cradle swings.
DATES: Comments must be received by February 12, 2026.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2013-
0025, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. Do not submit through this
website: confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to the public. CPSC typically does not accept comments
submitted by email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479. If you wish to submit confidential business
information, trade secret information, or other sensitive or protected
information that you do not want to be available to the public, you may
submit such comments by mail, hand delivery, or courier, or you may
email them to: <a href="/cdn-cgi/l/email-protection#16756665753b7965567566657538717960"><span class="__cf_email__" data-cfemail="40233033236d2f3300233033236e272f36">[email protected]</span></a>.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Do not submit to
this website: confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and insert the
docket number, CPSC-2013-0025, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Carlos Torres, Project Manager,
Division of Mechanical and Combustion Engineering, U.S. Consumer
Product Safety Commission, 5 Research Place, Rockville, MD 20850;
telephone: (301) 987-2504; email: <a href="/cdn-cgi/l/email-protection#e487908b96968197a487949787ca838b92"><span class="__cf_email__" data-cfemail="9dfee9f2efeff8eeddfeedeefeb3faf2eb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 104(b) of the Consumer Product
Safety Improvement Act of 2008 (CPSIA) requires the Commission to adopt
mandatory standards for durable infant or toddler products. 15 U.S.C.
2056a(b)(1). Mandatory standards must be ``substantially the same as''
voluntary standards, or they may be ``more stringent'' than the
applicable voluntary standards, if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the products. Id. Mandatory standards may be based, in
whole or in part, on a voluntary standard.
Section 104(b)(4)(B) of the CPSIA specifies the process for when a
voluntary standards organization revises a standard that the Commission
previously had incorporated by reference under section 104(b)(1).
First, the voluntary standards organization must notify the Commission
of the revision. Once the Commission receives this notification, the
Commission may reject or accept the revised standard. To reject a
revised standard, the Commission must notify the voluntary standards
organization within 90 days of receiving the notice of revision that
the Commission has determined that the revised standard does not
improve the safety of the consumer product and that CPSC is retaining
the existing standard. If the Commission does not take this action, the
revised voluntary standard will be considered a consumer product safety
standard issued under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058), effective 180 days after the Commission received
notification of the revision (or a later date specified by the
Commission in the Federal Register). 15 U.S.C. 2056a(b)(4)(B).
Under this authority, in 2012 the Commission issued a mandatory
safety rule for infant swings. The rulemaking created 16 CFR part 1223,
which incorporated by reference ASTM F2088-12a, Standard Consumer
Safety Specification for Infant Swings, with modifications. 77 FR 66703
(Nov. 7, 2012). At the time the Commission published the final rule,
ASTM F2088-12a was the current version of the voluntary standard. ASTM
subsequently revised the voluntary standard seven times. In accordance
with the procedures set out in section 104(b)(4)(B) of the CPSIA, some
of these revised standards became the new mandatory standard for infant
and cradle swings.\1\ 78 FR 37706 (June 24, 2013), 86 FR 4961 (Jan. 19,
2021), 86 FR 59609 (Oct. 28, 2021), 87 FR 57390 (Sep. 20, 2022), 89 FR
46797 (May 30, 2024).
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\1\ ASTM approved two revisions in 2015 and 2019 (ASTM F2088-15
and ASTM F2088-19). However, ASTM did not notify CPSC of these
revisions under CPSIA section 104(b)(4)(B). Consequently, these
revised voluntary standards did not become the mandatory standards
by operation of law, and the Commission did not update the mandatory
standard to incorporate by reference these revised ASTM standards.
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The mandatory standard currently incorporates by reference ASTM
F2088-24, Standard Consumer Safety Specification for Infant and Cradle
Swings.\2\ ASTM F2088-24 applies to
[[Page 3846]]
infant swings, which it describes as ``a swing that enables an infant
in a seated position to swing or glide and is intended for use with
infants from birth until infant attempts to climb out of the swing
(approximately 9 months),'' and cradle swings, which it describes as
``a swing which is intended for use by an infant lying flat to swing or
glide and is intended for use with infants from birth until infant
begins to push up on hands and knees (approximately 5 months).'' The
mandatory standard includes performance requirements and test methods,
as well as requirements for warning labels and instructions, to address
hazards to infants associated with infant and cradle swings.
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\2\ In 2024, when the Commission updated 16 CFR part 1223 to
incorporate by reference ASTM F2088-24, the Commission included
``cradle swings'' in the title of the mandatory standard to align
with the 2020 change to the title of the voluntary standard. 89 FR
46797.
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On January 26, 2026, ASTM notified the Commission that it had
approved and published a revised version of the voluntary standard,
ASTM F2088-25. CPSC is assessing the revised voluntary standard to
determine, consistent with section 104(b)(4)(B) of the CPSIA, its
effect on the safety of infant and cradle swings subject to 16 CFR part
1223. The Commission invites public comment to inform CPSC staff's
assessment and subsequent Commission consideration of the revisions in
ASTM F2088-25.
The currently incorporated voluntary standard (ASTM F2088-24) and
the revised voluntary standard (ASTM F2088-25) are available for review
in several ways. A read-only copy of the existing, incorporated
standard (ASTM F2088-24) is available for viewing, at no cost, on the
ASTM website at: <a href="https://www.astm.org/READINGLIBRARY/">https://www.astm.org/READINGLIBRARY/</a>. A read-only copy
of the revised standard (ASTM F2088-25), including a red-lined version
that identifies the changes from the 2024 version to the 2025 version,
is available, at no cost, on ASTM's website at: <a href="https://www.astm.org/CPSC.htm">https://www.astm.org/CPSC.htm</a>. Interested parties can also download copies of the standards
by purchasing them from ASTM International, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959; phone: 610-832-9585;
<a href="https://www.astm.org">https://www.astm.org</a>. Alternatively, interested parties can schedule an
appointment to inspect copies of the standards at CPSC's Office of the
Secretary, U.S. Consumer Product Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814, telephone: 301-504-7479.
Comments must be received by February 12, 2026. Because of the
short statutory time frame Congress established for the Commission to
consider revised voluntary standards under section 104(b)(4) of the
CPSIA, CPSC will not consider comments received after this date.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-01807 Filed 1-28-26; 8:45 am]
BILLING CODE 6355-01-P
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