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).

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 ( printed 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.

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: https://www.astm.org/​READINGLIBRARY/​. 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: https://www.astm.org/​CPSC.htm. 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; https://www.astm.org. 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.