54878 Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations 
1The Commission voted 4–0 to publish this final 
rule. Chair Hoehn-Saric and Commissioner Trumka 
issued statements in connection with their votes. 2The 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. 
3BreathableBaby, 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.
2After 
the comment deadline, CPSC received a 
seventh comment3that 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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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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§ 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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