[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81766-81788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32178]



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Part III





Consumer Product Safety Commission





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16 CFR Parts 1219, 1220, 1500, et al.



 Full-Size Baby Cribs and Non-Full-Size Baby Cribs: Safety Standards; 
Revocation of Requirements; Third Party Testing for Certain Children's 
Products; Final Rules

Federal Register / Vol. 75 , No. 248 / Tuesday, December 28, 2010 / 
Rules and Regulations

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1219, 1220, and 1500


Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby 
Cribs; Final Rule

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: Section 104(b) of the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA'') requires the United States Consumer Product Safety 
Commission (``CPSC,'' ``Commission,'' or ``we'') to promulgate consumer 
product safety standards for durable infant or toddler products. These 
standards are to be ``substantially the same as'' applicable voluntary 
standards or more stringent than the voluntary standard if the 
Commission concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is issuing safety standards for full-size and non-full-size baby cribs 
in response to the direction under section 104(b) of the CPSIA.\1\ 
Section 104(c) of the CPSIA specifies that the crib standards will 
cover used as well as new cribs. The crib standards will apply to 
anyone who manufactures, distributes, or contracts to sell a crib; to 
child care facilities, family child care homes, and others holding 
themselves out to be knowledgeable about cribs; to anyone who leases, 
sublets, or otherwise places a crib in the stream of commerce; and to 
owners and operators of places of public accommodation affecting 
commerce.
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    \1\ The Commission voted 5-0 to approve publication of this 
final rule. Chairman Inez M. Tenenbaum, Commissioner Thomas H. 
Moore, Commissioner Robert S. Adler, and Commissioner Anne M. 
Northup filed statements concerning this action which may be viewed 
on the Commission's Web site at http://www.cpsc.gov/pr/statements.html or obtained from the Commission's Office of the 
Secretary.

DATES: Effective Date: The rule will become effective on June 28, 2011. 
The incorporation by reference of the publications listed in this rule 
is approved by the Director of the Federal Register as of June 28, 
2011.
    Compliance Dates: Compliance with this rule with respect to the 
offer or provision for use of cribs by child care facilities, family 
child care homes, and places of public accommodation affecting commerce 
is required starting on December 28, 2012. For all other entities 
subject to the rule, compliance with this rule is required starting on 
June 28, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Melchert, Office of 
Compliance and Field Operations, Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7588; 
<a href="/cdn-cgi/l/email-protection#5b38363e3738333e292f1b382b2838753c342d"><span class="__cf_email__" data-cfemail="9cfff1f9f0fff4f9eee8dcffecefffb2fbf3ea">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background and Statutory Authority

1. Section 104(b) of the Consumer Product Safety Improvement Act

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA'', 
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(b) of the 
CPSIA requires the Commission to promulgate consumer product safety 
standards for durable infant or toddler products. The law requires that 
these standards are to be ``substantially the same as'' applicable 
voluntary standards or more stringent than the voluntary standards if 
the Commission concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is issuing safety standards for full-size and non-full-size cribs that 
are substantially the same as voluntary standards developed by ASTM 
International (formerly known as the American Society for Testing and 
Materials). The standard for full-size cribs is substantially the same 
as a voluntary standard developed by ASTM, ASTM F 1169-10, Standard 
Consumer Safety Specification for Full-Size Baby Cribs, but with two 
modifications that strengthen the standard. The standard for non-full-
size cribs is substantially the same as ASTM F 406-10a, Standard 
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, 
but with four modifications that strengthen the standard.

2. Section 104(c) of the CPSIA and the Proposed Rule

    The crib standards are different from standards for the other 
durable infant or toddler products that section 104 of the CPSIA 
directs the Commission to issue. Section 104(c)(1) of the CPSIA makes 
it a prohibited act under section 19(a)(1) of the Consumer Product 
Safety Act (``CPSA'') for any person to whom section 104(c) of the 
CPSIA applies to ``manufacture, sell, contract to sell or resell, 
lease, sublet, offer, provide for use, or otherwise place in the stream 
of commerce a crib that is not in compliance with a standard 
promulgated under subsection (b) [of the CPSIA].'' Section 104(c)(3) of 
the CPSIA defines ``crib'' as including new and used cribs, full-size 
and non-full-size cribs, portable cribs, and crib pens.
    Section 104(c)(2) of the CPSIA states that the section applies to 
any person that:

    (A) manufactures, distributes in commerce, or contracts to sell 
cribs;
    (B) based on the person's occupation, holds itself out as having 
knowledge or skill peculiar to cribs, including child care 
facilities and family child care homes;
    (C) is in the business of contracting to sell or resell, lease, 
sublet, or otherwise place cribs in the stream of commerce; or
    (D) owns or operates a place of public accommodation affecting 
commerce (as defined in section 4 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2203) applied without regard to the 
phrase ``not owned by the Federal Government'').

Section 104(c)(2) of the CPSIA.
    Thus, the crib standards apply to owners and operators of child 
care facilities, family child care homes, and places of public 
accommodation such as hotels and motels, as well as to manufacturers, 
distributors, and retailers of cribs. Other durable infant or toddler 
product standards issued under section 104 of the CPSIA apply to 
products manufactured or imported on or after the effective date of the 
standard. However, under section 104(c) of the CPSIA, after the 
applicable date of compliance, it will be unlawful for any of the 
entities identified in section 104(c)(2) of the CPSIA to sell, lease, 
or otherwise distribute or provide a crib for use that does not meet 
the new CPSC crib standards, regardless of the date on which the crib 
was manufactured.
    In the Federal Register of July 23, 2010 (75 FR 43308), the 
Commission published a proposed rule that would establish standards for 
full-size and non-full-size cribs. The proposed rule would incorporate 
by reference the following ASTM standards with some modifications: ASTM 
F 1169-10, Standard Consumer Safety Specification for Full-Size Baby 
Cribs, and ASTM F 406-10, Standard Consumer Safety Specification for 
Non-Full-Size Baby Cribs/Play Yards.

3. Previous Commission Crib Standards (16 CFR Parts 1508 and 1509)

    The Commission first issued mandatory regulations for full-size 
cribs in 1973 (amended in 1982), which were codified at 16 CFR part 
1508 under the Federal Hazardous Substances Act (``FHSA''). In 1976, 
the Commission issued similar regulations for non-full-size cribs (also 
amended in 1982), which were codified at 16 CFR part 1509. The 
requirements of 16 CFR parts 1508 and 1509 have been included in ASTM F 
1169-10 and F 406-10a, respectively. However, the recordkeeping 
requirements in the

[[Page 81767]]

ASTM standards are expanded from the 3-year retention period that was 
required in 16 CFR parts 1508 and 1509 to a 6-year retention period, 
which is consistent with the consumer registration provision in section 
104(d) of the CPSIA.
    Elsewhere in this issue of the Federal Register, we are revoking 
the CPSC regulations for full-size and non-full-size cribs at 16 CFR 
parts 1508 and 1509. The new crib standards in this final rule, which 
incorporate the applicable ASTM standards, include the requirements of 
16 CFR parts 1508 and 1509. Revoking 16 CFR parts 1508 and 1509 will 
allow all the crib-related requirements to be together and will avoid 
confusion about which requirements apply to cribs.

4. Previous Commission Activities Concerning Cribs

    As detailed in the preamble to the proposed rule (75 FR at 43309), 
we have taken numerous regulatory and nonregulatory actions concerning 
crib hazards. In 1996, the Commission published an advance notice of 
proposed rulemaking (``ANPR'') under the FHSA to address the hazard of 
crib slat disengagement, 61 FR 65996 (Dec. 16, 1996). When the 
Commission proposed the new crib standards under section 104 of the 
CPSIA, it published a notice terminating the rulemaking it had begun 
with the 1996 ANPR because the slat disengagement hazard is addressed 
by the new standards that the Commission is issuing. 75 FR 43107 (July 
23, 2010).
    The Commission's Office of Compliance has been involved with 
numerous investigations and recalls of cribs. Since 2007, the CPSC has 
issued 46 recalls of more than 11 million cribs. All but seven of these 
recalls were for product defects that created a substantial product 
hazard, and not for violations of the federal crib regulations.
    Other previous actions include: (1) An ANPR that the Commission 
published in the Federal Register on November 25, 2008 (73 FR 71570) in 
preparation for this rulemaking, which discussed options to address the 
hazards that CPSC staff had identified in the reported crib incidents 
and recalls; and (2) a public roundtable meeting concerning crib safety 
that CPSC staff held on April 22, 2009. Information about the crib 
roundtable and the presentations made by CPSC staff and others are on 
the Commission's Web site at http://www.cpsc.gov/info/cribs/infantsleep.html.

B. The Products and Their Market

1. Definitions Under the CPSIA and the Crib Standards

    The Commission's previous crib standards in 16 CFR 1508 and 1509 
contained definitions of ``full-size crib'' and ``non-full-size crib.'' 
According to 16 CFR parts 1508 and 1509, what principally distinguishes 
full-size cribs from non-full-size cribs are the interior dimensions of 
the crib. Also, according to these standards, a full-size crib is 
intended for use in the home, and a non-full-size crib is intended for 
use ``in or around the home, for travel and other purposes.'' A full-
size crib has interior dimensions of 28 <plus-minus> \5/8\ inches (71 
<plus-minus> 1.6 centimeters) in width by 52\3/8\ <plus-minus> \5/8\ 
inches (133 <plus-minus> 1.6 centimeters) in length. A non-full-size 
crib may be either smaller or larger than these dimensions. Full-size 
and non-full-size cribs also differ in the height of the crib side or 
rail. Non-full-size cribs include oversized, specialty, undersized, and 
portable cribs. However, any products with mesh/net/screen siding, non-
rigidly constructed cribs, cradles, car beds, baby baskets, and 
bassinets are excluded from the non-full-size crib requirements of 16 
CFR part 1509.
    Essentially, these definitions are carried over to the new crib 
standards with some important differences due to section 104(c) of the 
CPSIA. Because section 104(c) of the CPSIA explicitly includes used 
cribs in the definition of ``crib,'' the definitions of full-size and 
non-full-size crib in the CPSC standards also include used cribs. The 
definition of ``full-size crib'' in part 1508 was limited to cribs 
``intended for use in the home.'' However, section 104(c) of the CPSIA 
explicitly includes full-size and non-full-size cribs in child care 
facilities (including family child care homes) and cribs in places of 
public accommodation affecting commerce. The CPSIA defines a ``place of 
public accommodation affecting commerce'' with reference to the Federal 
Fire Prevention and Control Act of 1974 (but without the phrase that 
excludes establishments owned by the Federal Government). Thus, the 
CPSIA defines ``places of public accommodation'' as:

    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 5 rooms for rent or 
hire and that is actually occupied as a residence by the proprietor 
of such establishment.

15 U.S.C. 2203(7).

    Therefore, the definitions of full-size and non-full-size crib in 
the CPSC standards include new and used cribs, cribs in child care 
facilities, family child care homes, and cribs in places of public 
accommodation.

2. Full-Size Cribs

    A full-size crib has specific interior dimensions of 28 <plus-
minus> \5/8\ inches (71 <plus-minus> 1.6 centimeters) in width and 
52\3/8\ <plus-minus> \5/8\ inches (133 <plus-minus> 1.6 centimeters) in 
length and is designed to provide sleeping accommodations for an 
infant.
    CPSC staff estimates that there are currently 68 manufacturers or 
importers supplying full-size cribs to the U.S. market. Ten of these 
firms are domestic importers (15 percent); 42 are domestic 
manufacturers (62 percent); 7 are foreign manufacturers (10 percent); 
and 2 are foreign importers (3 percent). Insufficient information was 
available about the remaining firms to categorize them.
    Based on information from a 2005 survey conducted by the American 
Baby Group, CPSC staff estimates annual sales of new cribs to be about 
2.4 million, of which approximately 2.1 million are full-size cribs. 
(This number could be an underestimate if new mothers buy more than one 
crib.) CPSC staff estimates that there are currently approximately 591 
models of full-size cribs compared to approximately 81 models of non-
full-size cribs. Thus, approximately 88 percent of crib models are 
full-size cribs.

3. Non-Full-Size Cribs

    A non-full-size crib may be either smaller or larger than a full-
size crib, or shaped differently than the usual rectangular crib. The 
category of non-full-size cribs includes oversized, specialty, 
undersized, and portable cribs, but does not include any product with 
mesh/net/screen siding, non-rigidly constructed cribs, cradles, car 
beds, baby baskets, or bassinets. The CPSC standard for non-full-size 
cribs does not apply to play yards, which are mesh or fabric-sided 
products.
    CPSC staff estimates that there currently are at least 17 
manufacturers or importers supplying non-full-size cribs to the U.S. 
market. Five of these firms are domestic importers and 10 are domestic 
manufacturers. Insufficient information is available to determine 
whether the remaining firms are manufacturers or importers. CPSC staff 
estimates that there are approximately 2.4 million cribs sold to 
households annually. Of these, approximately 293,000 are non-full-size 
cribs.

[[Page 81768]]

4. Retailers, Child Care Facilities, and Places of Public Accommodation

    CPSC staff is unable to estimate the number of retailers that may 
sell or provide cribs. We can estimate, however, that there are 
approximately 24,985 retail firms in the United States (at least 5,292 
of which sell used products). The number of retailers that sell or 
provide cribs would be some subset of that number.
    CPSC staff estimates that there are approximately 59,555 firms 
supplying child care services. We received comments from child care 
organizations about the cribs they use. According to these comments, 
the average child care center has between 4 and 45 cribs, so, assuming 
that the number of firms supplying child care services is the same as 
child care centers discussed in the comments, child care centers could 
have roughly 774,180 cribs total. We estimate that there are 
approximately 43,303 firms providing public accommodation. We did not 
receive any comments from such firms and cannot estimate how many cribs 
may be in use in places of public accommodation.

C. Incident Data

    The preamble to the proposed rule (74 FR at 43310 through 43311) 
provided detailed information concerning incident data based on 
information from the CPSC's Early Warning System (``EWS''), a pilot 
project to monitor incident reports related to cribs and other infant 
sleep products. We summarize important aspects of the incident data in 
this section, but refer interested parties to the preamble to the 
proposed rule for more complete details. Data from EWS is not meant to 
provide an estimate of all crib-related incidents that have occurred 
during any particular time period. We used the EWS data for this 
rulemaking because, due to the larger number of follow-up 
investigations assigned from EWS incident reports, the EWS incidents 
provided the best illustration of the hazard patterns associated with 
incidents involving cribs.
    Between November 1, 2007 and April 11, 2010, the Commission 
received reports through EWS of 3,584 incidents related to cribs. The 
year of the incident associated with these reports ranged from 1986 
through 2010. However, very few crib-related incidents that occurred 
before 2007 are reflected in the EWS.
    Of the 3,584 incidents reported through the EWS, CPSC staff 
identified 2,395 incidents as clearly involving full-size cribs; 64 
incidents as clearly involving non-full-size cribs; and 1,125 incidents 
as lacking sufficient data for CPSC staff to determine whether they 
involved full-size or non-full-size cribs. The prevalent hazards 
reported in these incidents are common to all cribs, regardless of 
size. Given the predominance of incident reports identified as 
involving full-size cribs, the 1,125 incidents in which the size of the 
crib could not be determined are grouped with the category of full-size 
cribs.

1. Full-Size Cribs (Includes Cribs of Undetermined Size)

    This section discusses incident data in the 3,520 reports from the 
EWS involving full-size cribs and cribs of an undetermined size. Of 
these 3,520 incident reports, there were 147 fatalities, 1,675 nonfatal 
injuries, and 1,698 noninjury incidents. (The noninjury incidents range 
from those that potentially could have resulted in injuries or 
fatalities to general complaints or comments from consumers). Because 
reporting is ongoing, the number of reported fatalities, nonfatal 
injuries, and non-injury incidents presented here may change in the 
future.
a. Fatalities
    Between November 1, 2007 and April 11, 2010, a total of 147 
fatalities associated with full-size (and undetermined size) cribs were 
reported to the Commission. A majority of the deaths (107 out of 147, 
or almost 73 percent) were not related to any structural failure or 
design flaw of the crib. There were 35 fatalities attributable to 
structural problems of the crib. Nearly all (34 of the 35) were due to 
head/neck/body entrapments. More than half of these (18 out of 35) were 
related to drop-side failures. Almost all of the crib failures--whether 
they occurred due to detachments, disengagements, or breakages--created 
openings in which the infant became entrapped.
b. Nonfatal Injuries
    Of the 3,520 incident reports involving full-size (and undetermined 
size) cribs, 1,675 reported a crib-related injury. The vast majority 
(97 percent) of these injuries were not serious enough to require 
hospitalization. Approximately half of those that did require 
hospitalization involved limb or skull fractures and other head 
injuries resulting from falls from cribs. Most of the remaining 
injuries resulted from children getting their limbs caught between crib 
slats, falling inside the crib and hitting the crib structure, or 
getting stuck in gaps created by structural failures.
c. Hazard Pattern Identification
    CPSC staff considered all 3,520 incidents (includes fatalities, 
nonfatalities, and non-injury incidents) involving full-size cribs 
(including cribs of undetermined size) to identify hazard patterns 
related to these incidents. CPSC staff grouped these incidents into 
four broad categories: (1) Product-related; (2) non-product-related; 
(3) recall-related; and (4) miscellaneous. More detail is provided in 
the Epidemiology staff's memorandum that was part of the CPSC staff's 
briefing package for the proposed rule, available on the CPSC Web site 
at: http://www.cpsc.gov/library/foia/foia10/brief/104cribs.pdf.
    Approximately 82 percent of the 3,520 incidents reported some sort 
of failure or defect in the product itself. In order of frequency, the 
hazard patterns reported included:
    <bullet> Falls from cribs (approximately 23 percent of the 3,520 
incidents);
    <bullet> Crib drop-side-related problems (approximately 22 percent 
of the incidents and about 12 percent of all reported fatalities);
    <bullet> Infants getting their limbs caught between the crib slats 
(approximately 12 percent of the incidents);
    <bullet> Wood-related issues, such as slat breakages and 
detachments (approximately 12 percent of the incidents);
    <bullet> Mattress support-related problems (approximately 5 percent 
of the incidents);
    <bullet> Mattress fit problems (approximately 3 percent of the 
incidents);
    <bullet> Paint-related issues (approximately 2 percent of the EWS 
incidents); and
    <bullet> Miscellaneous problems with the crib structure 
(approximately 3 percent of incidents), including non-drop-side or drop 
gate failures, sharp catch-points, stability and/or other structural 
issues.

2. Non-Full-Size Cribs

    This category includes portable cribs and other cribs that are 
either smaller or larger than the dimensions specified for full-size 
cribs. For its review of incident data, CPSC staff included in the 
category of non-full-size cribs only those cribs that it could 
positively identify as non-full-size cribs. CPSC staff is aware of 64 
incidents related to non-full-size cribs that have been reported 
between November 1, 2007 and April 11, 2010. Among these incidents, 
there were 6 fatalities, 28 injuries, and 30 noninjury incidents. 
Because reporting is ongoing, the number of reported fatalities, 
nonfatal injuries, and noninjury incidents presented here may change in 
the future.

[[Page 81769]]

a. Fatalities
    Of the six fatalities, three were attributed to the presence of a 
cushion/pillow in the sleep area. One fatality was due to the prone 
positioning of the infant on the sleep surface. One fatality resulted 
from the infant getting entrapped in a gap opened up by loose/missing 
screws. Very little information was available on the circumstances of 
the last fatality.
b. Nonfatal Injuries
    Among the 28 nonfatal injuries reported, only 2 required any 
hospitalization. Most of the remaining injuries, which include 
fractures, bruises, and lacerations, resulted from children falling and 
hitting the crib structure while in the crib, falling or climbing out 
of the crib, and children getting their limbs caught in the crib slats.
c. Hazard Pattern Identification
    CPSC staff considered all 64 incidents (including fatalities, 
nonfatalities, and non-injury incidents) involving non-full-size cribs 
to identify hazard patterns related to these incidents. The hazard 
patterns are similar to those among full-size cribs. In 72 percent of 
the incidents, product-related issues were reported. These primarily 
involved falls from cribs, limbs becoming caught between slats, issues 
related to drop-sides and non-drop-sides (such as detachments and 
operation/hardware issues), and wood-related issues (including three 
slat detachments). This category includes one fatality, which was 
related to non-drop-side hardware.

D. Voluntary and International Standards

    As discussed in the preamble to the proposed rule (75 FR at 43311 
through 43312), CPSC staff reviewed requirements of existing voluntary 
and international standards related to cribs. The primary standards 
currently in effect are the ASTM standards for full-size and non-full-
size cribs, a Canadian standard, and a European standard. Underwriters 
Laboratories, Inc. (``UL'') has a crib standard, UL 2275. However, the 
UL standard was not followed by crib manufacturers and is no longer an 
active standard.

1. The ASTM Standards

    ASTM first published its voluntary standard for full-size cribs, 
ASTM F 1169, Standard Specification for Full-Size Baby Crib, in 1988, 
and has revised it periodically since then. In 2009, ASTM revised the 
standard significantly, including a limitation on movable sides that 
effectively eliminates the traditional drop-side design in which the 
front side of the crib can be raised and lowered. On June 1, 2010, ASTM 
approved the current version of its full-size crib standard with a 
slight change to the name, ASTM F 1169-10, Standard Consumer Safety 
Specification for Full-Size Baby Cribs.
    In 1997, ASTM first published a standard for non-full-size cribs, 
ASTM F 1822, Standard Consumer Safety Specification for Non-Full-Size 
Baby Cribs. In June 2002, in order to group products with similar uses, 
ASTM combined its non-full-size crib standard, ASTM F 1822-97, with its 
play yard standard (F 406-99, Standard Consumer Safety Specification 
for Play Yards) to create ASTM F 406-02, Standard Consumer Safety 
Specification for Non-Full-Size Baby Cribs/Play Yards. ASTM revised 
ASTM F 406 several times subsequently. On June 1, 2010, ASTM approved 
the version of its non-full-size crib standard, ASTM F 406-10, upon 
which the CPSC's proposed standard was based. After we published our 
proposed rule in the Federal Register on July 23, 2010, ASTM revised 
its non-full-size crib standard again and approved ASTM F 406-10a on 
October 15, 2010. ASTM F 406-10a includes many of the changes which the 
proposed rule would have made to ASTM F 406-10, rearranges the order of 
some provisions, and contains some other editorial changes. 
Consequently, the final rule's non-full-size cribs standard is based on 
ASTM F 406-10a. We discuss differences between the proposed rule and 
ASTM F 406-10a in section F of this preamble.

2. International Standards

    Several performance requirements in the crib standards derive from, 
or are similar to, requirements in Health Canada's crib standard, SOR/
86-969, and the European standard, EN 716. These include the cyclic 
side (shake) test and the mattress support system vertical impact test 
from the Canadian standard, and the slat/spindle strength test from EN 
716 requirements. (For more details on how the crib standards are based 
upon or are more stringent than certain international standards, we 
refer interested parties to the preamble to the proposed rule (75 FR at 
43312).)

E. Response to Comments on the Proposed Rule

    In the Federal Register of July 23, 2010 (75 FR 43308), the 
Commission published a proposed rule that would establish standards for 
full-size and non-full-size cribs. We received over 50 comments. These 
included comments from child care organizations, the Juvenile Products 
Manufacturers Association (``JPMA''), public interest groups, and 
individual consumers. The comments and the CPSC's responses are 
discussed below in section E.1 through E.31 of this document. To make 
it easier to identify comments and our responses, the word ``Comment,'' 
in parentheses, will appear before the comment's description, and the 
word ``Response,'' in parentheses, will appear before our response. We 
also have numbered each comment to help distinguish between different 
comments. The number assigned to each comment is purely for 
organizational purposes and does not signify the comment's value, 
importance, or the order in which it was received.

1. Misplaced Focus on Drop-Sides

    (Comment 1)--One commenter stated that focusing on drop-side cribs 
was misplaced. Rather, she suggested, new crib standards should focus 
on the structure and hardware of cribs.
    (Response 1)--The CPSC agrees that the safety of the drop-side is 
just one issue and other issues, especially cribs' structural integrity 
and hardware, are crucial to crib safety. Although the prohibition of 
traditional drop-side cribs has received a great deal of attention, the 
CPSC's new crib standards have numerous provisions, particularly 
concerning crib hardware, which will improve the safety of cribs. See 
the discussion of the standards' requirements in section G of this 
preamble.

2. Applicability of Standards to Cribs in Child Care Centers

    (Comment 2)--Several commenters associated with child care 
organizations or child care centers said that the crib standards should 
not apply to cribs in child care centers. They gave reasons such as: 
Caregivers are present at all times when babies are in cribs at child 
care centers; cribs in child care centers are specialty cribs that do 
not have the same safety issues as home cribs; and state licensing and 
safety requirements safeguard babies in cribs in child care centers. 
Some commenters stated that the crib standards are unique because, 
unlike other standards that hold product manufacturers or distributors 
responsible, the crib standards hold child care centers (which are 
consumers buying the cribs from these manufacturers and distributors) 
responsible.
    (Response 2)--Section 104(c)(1) of the CPSIA states that it ``shall 
be a violation of section 19(a)(1) of the Consumer Product Safety Act 
for any person to which this subsection applies to

[[Page 81770]]

manufacture, sell, contract to sell or resell, lease, sublet, offer, 
provide for use, or otherwise place in the stream of commerce a crib 
that is not in compliance with a standard promulgated under'' section 
104(b) of the CPSIA. Section 104(c)(2) of the CPSIA identifies various 
entities that are subject to section 104(c) of the CPSIA, and it 
expressly mentions persons who ``based on the person's occupation, 
holds itself out as having knowledge or skill peculiar to cribs, 
including child care facilities and family child care homes.'' The fact 
that a child care center may be subject to state regulation and 
licensing, or that caregivers at such facilities may be required to 
supervise babies in cribs, does not alter the applicability of section 
104(c) of the CPSIA to child care facilities and family child care 
homes.
    As for the commenter's claim that cribs in child care centers are 
different from those used in homes, the information that the CPSC has 
indicates that cribs used in child care centers are often substantially 
the same as cribs used in homes. CPSC staff has reports of incidents 
involving cribs in child care centers; the hazard scenarios associated 
with these incidents are the same as those for incidents that occur in 
homes.

3. Waiving Requirements for Child Care Centers

    (Comment 3)--One commenter suggested waiving any requirement to 
replace cribs in child care and Head Start programs that comply with 
state licensing or national accreditation requirements, which mandate 
that all sleeping infants be within sight or sound of a caregiver at 
all times; and another commenter suggested a waiver of enforcement for 
cribs that are used in child care programs that comply with state 
licensing standards that require sleeping infants to be within sight 
and sound of a caregiver at all times. Some commenters asked that older 
cribs in child care centers be exempted from the rule (or allowed an 
enforcement waiver), as long as the cribs had not been recalled, thus 
shifting the burden of replacement from child care centers to 
manufacturers.
    (Response 3)--We do not have the authority to exempt or waive 
requirements for cribs in child care centers or to allow older cribs to 
be replaced through recalls alone. As discussed in response to comments 
concerning the effective date at section G.10 of this document, we do 
have discretion to provide additional time for child care centers to 
come into compliance with the standards.

4. Crib-Related Incidents in Child Care Centers

    (Comment 4)--One commenter recognized that there have been injuries 
and fatalities associated with drop-side cribs, but stated that banning 
drop-side cribs in child care settings would not address this threat to 
young children. The commenter stated that, because of the safety checks 
on cribs and monitoring of sleeping children in child care centers, 
issues with drop-side cribs do not occur in such programs as they might 
in other settings.
    (Response 4)--As stated in our response to comment 2 in section E.2 
of this document, section 104(c) of the CPSIA expressly mentions child 
care facilities and family child care homes as entities subject to the 
crib standards. The statute does not authorize us to consider safety 
checks, or the monitoring of sleeping children in child care 
facilities, or the rate at which safety issues might arise, or to 
exempt child care facilities for such reasons.
    Additionally, our review of the incident data reported to the CPSC 
from November 1, 2007 through April 11, 2010, shows that at least two 
reports of incidents in child care facilities were received. Each 
report involved the structural failure of multiple drop-side cribs. 
Although no injuries were reported in these incidents, they presented 
the potential for serious injury or fatality.
    (Comment 5)--Some comments noted that sleeping infants are not left 
unsupervised in drop-side or other types of cribs in child care centers 
and noted further that children in child care centers are in cribs only 
when they are sleeping.
    (Response 5)--The CPSC has received at least 11 reports of injuries 
involving cribs in child care facilities, in which the injured infant 
was treated in a hospital emergency department. These injuries, usually 
due to a fall from a crib or an impact with the crib, were sustained 
while the infant was being taken care of at a child care facility. 
Clearly, the infants were not sleeping if the injuries were due to 
infants falling or impacting the crib.

5. Commercial vs. Noncommercial Cribs

    (Comment 6)-- Several commenters suggested that the crib standards 
should distinguish between ``commercial'' and ``noncommercial'' cribs. 
One commenter asked if there should be different crib standards for 
child care providers or other nonfamily situations, where cribs sustain 
more use, similar to the distinction between home and public playground 
equipment (the CPSC has separate guidelines for home and public 
playground equipment).
    (Response 6)--Section 104 of the CPSIA does not make a distinction 
between commercial and noncommercial cribs but, rather, requires that 
all cribs within the scope of section 104(c) of the CPSIA--which 
explicitly includes cribs provided for use in child care centers and 
places of public accommodation--meet the crib standards promulgated by 
the Commission under section 104(b) of the CPSIA. Although ASTM has a 
voluntary standard applicable to ``commercial cribs'' (ASTM F 2710-08), 
section 104 of the CPSIA does not make such a delineation. Furthermore, 
ASTM's commercial crib standard requires commercial cribs to comply 
with either ASTM F 406 or ASTM F 1169, and this final rule adopts, with 
some modifications, both ASTM F 406 and ASTM F 1169. In its crib 
rulemaking, the Commission is following the specific statutory 
direction and definitions in the CPSIA. In contrast, when developing 
guidelines for public and home playgrounds, the Commission was not 
responding to a statutory mandate, and thus, it had the discretion to 
distinguish between public and home playground equipment.

6. Mesh/Nonrigid Full-Size Cribs

    (Comment 7)-- One commenter suggested that the full-size crib 
standard should apply to rigid cribs only, and not be applicable to 
full-size cribs that have sides or ends made from mesh, fabric, or 
another nonrigid material. The commenter referred to the scope of the 
proposed non-full-size crib standard, which is limited to rigid 
products only.
    (Response 7)--We are not aware of any full-size mesh/fabric cribs 
currently being sold. In contrast, there are numerous non-full-size 
mesh/fabric cribs (i.e., play yards) currently on the market. The CPSC 
agrees that for non-full-size products, different requirements for 
rigid versus mesh products are necessary because the construction 
differences may make it impossible to test both the same way. The ASTM 
standard for non-full-size cribs includes both rigid and mesh/fabric 
non-full-size cribs. Although there are requirements in the ASTM 
standard specifically intended for mesh/fabric products, the scope of 
the CPSC's standard for non-full-size cribs is limited to rigid 
products because section 104 of the CPSIA explicitly lists cribs and 
play yards as separate categories of products. Therefore, we plan to 
develop a separate standard for mesh/fabric non-full-size cribs (i.e., 
play yards). Currently, there is no voluntary

[[Page 81771]]

standard or proposed regulation specifically for mesh/fabric full-size 
cribs. However, the CPSC's standard for full-size cribs contains 
general, labeling, and some performance requirements that would be 
applicable to any full-size crib, whether it has rigid or mesh/fabric 
sides. Thus, excluding these products from the scope of the CPSC's 
full-size crib standard, as suggested by the commenter, would leave 
such cribs unregulated. Absent a voluntary standard that covers mesh/
fabric full-size cribs, it is not advisable to exclude these products 
from the scope of a full-size crib regulation.

7. Play Yards

    (Comment 8)--Some commenters were concerned that the rule might 
result in child care centers or consumers using play yards instead of 
cribs. These commenters implied that play yards are not as safe as 
cribs for sleeping infants. One commenter, who is child care provider, 
stated that she uses only play yards, not cribs.
    (Response 8)--The final rule does not address any safety aspects of 
play yards. Play yards are a separate product category under section 
104 of the CPSIA, and we intend to develop a separate standard for play 
yards in the future.
    (Comment 9)--Two commenters expressed concern about using play 
yards as an alternative to cribs in day care centers as a way of 
mitigating costs to child care providers. Both felt that this 
alternative might be perceived as advocating the use of play yards, 
which they felt would decrease the safety and quality of care. Some 
commenters noted that play yards are not an option for some child care 
centers due to state licensing laws.
    (Response 9)--Although the CPSC does not advocate the use of play 
yards instead of cribs in child care environments, issues regarding the 
possible use of play yards or other products (in place of cribs) and 
state laws are outside the scope of this rulemaking. This final rule 
establishes standards for full-size and non-full-size cribs.

8. Economic Impact of CPSC's Crib Standards on Child Care Centers

    (Comment 10)--Several commenters expressed concern that the 
proposed rule, if finalized, would place a large financial burden on 
child care centers, particularly given the tight budgets and lethargic 
economy. One commenter estimated that the total one-time cost to day 
care centers to replace their cribs could be as much as $600 million, 
with an additional $2.5 million required for disassembly, disposal, and 
assembly. The same commenter noted that the preamble to the proposed 
rule concluded that ``the proposed changes to the voluntary standard 
should not significantly affect replacement costs'' (75 FR at 43319). 
Generally, commenters objected to purchasing new cribs to replace 
recently-purchased cribs that had no safety issues. Several commenters 
were concerned that some child care centers might be driven out of 
business.
    (Response 10)--We recognize the potentially large impact the crib 
standards could have on child care providers. The Regulatory 
Flexibility Act discussion in the preamble to the proposed rule invited 
comment on the market for cribs and the amount of time manufacturers 
would need to meet current market demand and additional demand created 
by child care centers and other places where cribs are provided for use 
(75 FR at 43316). It also discussed the possible impact on small child 
care centers and stated that the impact ``could be significant on some 
small child care centers if they had to replace their cribs all at 
once'' and that some might decide to replace their non-full-size cribs 
with play yards (Id. at 43318). The initial regulatory flexibility 
analysis in the briefing package for the proposed rule assumed that 
most, if not all, child care centers use smaller, non-full-size cribs; 
thus, staff did not expect a significant impact associated with full-
size cribs. (See Tabs F and G of the staff's briefing package on the 
proposed rule at: http://www.cpsc.gov/library/foia/foia10/brief/104cribs.pdf). In the initial regulatory flexibility analyses, all of 
the effects on child care centers were considered in the analysis for 
non-full-size cribs.
    We have modified our Regulatory Flexibility Act discussion in the 
final rule. CPSC staff's analysis using data provided by the Early Care 
and Education Consortium (ECEC), the National Association for Family 
Child Care (NAFCC), and the National Head Start Association (NHSA), 
yields one-time replacement costs of approximately $387 million. The 
discussion also has been modified to take into account specifically the 
possibility that child care centers might go out of business, as well 
as the impact of the final rule on families using child care.
    (Comment 11)--Several commenters expressed concern about the 
ability of child care providers to pass on costs to their clients to 
reduce the economic impact of the final rule. These commenters stated 
that they felt the analysis in the preamble to the proposal did not 
appreciate child care centers' limited ability to pass on such costs. 
The commenters noted that most of their clients are struggling already 
to pay for child care. (The price range for child care cited by one 
commenter was from $4,550 to more than $18,000 per year.) The 
commenters added that most child care centers only have a few 
customers, so their ability to raise large sums of money by increasing 
the cost to clients to defray the cost of replacement cribs is limited.
    (Response 11)--The Regulatory Flexibility Act discussion in the 
preamble to the proposed rule did not suggest that all cost increases 
associated with the proposed rule would be passed on to consumers, only 
that some portion of those costs might be passed on, thereby mitigating 
the impact of the proposed rule on small child care centers (see 75 FR 
at 43318). We recognize that the economic impact on any given entity 
may vary, depending on a variety of factors, such as the size of the 
affected entity, the presence or absence of competitors that may affect 
an entity's ability to raise prices or pass along costs to its 
customers, and the types of cribs purchased and an affected entity's 
ability to comply with the standards.
    (Comment 12)--One commenter stated that, despite the high quality 
of the cribs used at its child care center and a lack of incidents 
there, the child care center had been informed that its cribs do not 
meet the proposed standard. The commenter expressed concern that ``the 
standards could be eliminating a company that produces extremely high 
quality materials and is very safety conscious.''
    (Response 12)--The final rule may have the effect of eliminating 
particular crib models from the marketplace. However, these crib models 
likely will be replaced by modified versions that comply with the new 
standards. The final rule is unlikely to drive many manufacturers out 
of business, particularly those with otherwise high quality cribs that 
may require only minimal design modifications to come into compliance 
with the new standards. This is especially the case with manufacturers 
that supply many products other than just cribs to the market, 
including the company mentioned in the comment.

9. Fixing or Retrofitting Cribs

    (Comment 13)--Three commenters (all of whom were child care 
providers) requested that the CPSC provide methods of checking whether 
their current cribs would meet the new standards. They also requested 
that the final rule include descriptions of how to

[[Page 81772]]

fix cribs that fail a particular requirement (i.e., retrofit), as a way 
to limit the number of new cribs that must be purchased. These comments 
mentioned retrofits to handle drop-side cribs in particular.
    (Response 13)--Section 104(c) of the CPSIA requires child care 
centers to provide cribs that comply with the new crib standards once 
they are in effect. The standards not only prohibit traditional drop-
sides, but they also have complex requirements, such as those for 
hardware, that make it difficult to determine whether an existing crib 
would meet the new standards without testing that individual crib. 
Because the crib would be destroyed in the process of testing, it is 
impossible to test each crib. Therefore, we cannot provide methods to 
check existing cribs for compliance with the CPSC's new crib standards. 
We also note that retrofits that would be appropriate for a recall 
might not be sufficient to meet the requirements of the new standards. 
For example, manufacturers have offered immobilizers in the past to 
address drop-side hazards on recalled cribs. This retrofit would not be 
sufficient to meet the crib standards. An immobilizer merely covers up 
part of the drop-side hardware and makes the drop-side unusable while 
in place, but it would not prevent a user from removing the retrofit 
and using the drop-side again.

10. Effective Date/Enforcement Policy

    (Comment 14)--Most commenters supported the proposed six-month 
effective date for manufacturers and distributors of cribs, except one 
commenter requested (without providing any explanation or support) one 
to two years for manufacturers and distributors of non-full-size cribs. 
Many commenters, however, requested a longer effective date for child 
care centers to allow them to spread the costs of compliance over a 
longer period of time and to ensure that there are a sufficient number 
of compliant cribs available for purchase. Most of these commenters 
suggested an additional six months for cribs in child care centers, and 
two commenters suggested a five-year effective date for child care 
centers.
    (Response 14)--We recognize that complying with the new crib 
standards may place a significant financial burden on child care 
centers. Nevertheless, section 104(c) of the CPSIA requires that child 
care centers provide cribs for use that meet the CPSC's new crib 
standards when these standards are in effect. The Commission recognizes 
that child care facilities face unique circumstances. Collectively, 
child care centers purchase and provide for use hundreds of thousands 
of cribs. Having a sufficient number of cribs is essential to their 
business because, if they provide care for infants, they cannot operate 
without providing cribs for their customers' use.
    Based on a 2005 U.S. Department of Education's National Household 
Education Surveys Program (``NHES'') Early Childhood Program Survey, 
approximately 774,000 children under the age of one year old are in 
nonparental, nonrelative child care arrangements each week. We 
understand from commenters that the typical life cycle of a crib used 
in a child care center is 10 years. Thus, we estimate that, in any 
given year, child care providers replace approximately 77,000 cribs. 
Assuming that one crib must be provided for each child under the age of 
one, at least 700,000 cribs--ten times more than the annual average--
would be needed to replace noncompliant cribs when the new standards 
take effect. This demand would be added to the demand of private 
households for new compliant cribs and any cribs replaced by the 53,000 
places of public accommodation covered by section 104 of the CPSIA.
    The Commission has the discretion to set the effective date for the 
crib standards, and could set an effective date longer than six months 
for all entities that are subject to the standards, or could provide a 
longer period just for child care centers to comply with the new crib 
standards. Balancing all of the concerns expressed by the commenters, 
the final rule provides an additional 18 months for child care 
facilities, family child care homes, and places of public accommodation 
to comply with the new standards.
    (Comment 15)--One commenter suggested that we establish an 
enforcement policy that would allow ``a practical phased effective date 
for hospitality and commercial facilities'' (the latter being 
interpreted by the commenter as including child care providers) and 
distinguish between commercial- and noncommercial-use products.
    (Response 15)--Section 104(c) of the CPSIA does not distinguish 
between commercial and noncommercial cribs and does require cribs in 
child care centers and places of public accommodation to comply with 
the new crib regulations. As discussed in the previous response, the 
Commission has discretion to set effective and compliance dates for the 
new standards.
    Although the Commission received numerous comments from child care 
centers concerning their difficulties with meeting the new crib 
standards within six months, we did not receive any comments from 
hotels or similar places of public accommodation indicating the need 
for additional time to obtain complying cribs for such establishments. 
We did receive one comment from JPMA requesting additional time for 
``hospitality and commercial facilities,'' noting that the need for 
these entities to ``dispose of their inventories of non-compliant 
product and repurchase all new replacement products * * * will place a 
tremendous financial burden on those facilities, requiring an enormous 
capital investment as a result of the wholesale changes to inventory.'' 
Although child care commenters provided detailed information about the 
number of cribs in child care centers, the normal rate of replacement, 
and the anticipated costs of complying with the new crib standards, we 
did not receive such information concerning places of public 
accommodation. However, places of public accommodation are similarly 
situated to child care centers in that they must purchase cribs and 
then provide them for their customers to use and will likely face the 
same difficulties as child care centers in complying with the new crib 
standard in a short period of time. Therefore, the Commission is 
providing a longer compliance period for places of public accommodation 
as well as child care centers.

11. Effect on Places of Public Accommodation

    (Comment 16)--Two commenters, neither of which were places of 
public accommodation nor did they represent places of public 
accommodation, expressed concern about the potential cost impact on 
places of public accommodation.
    (Response 16)--The CPSC believes that while some providers of 
public accommodation may provide a few cribs for use by customers, the 
number of non-full-size cribs at any one establishment is likely to be 
low. Firms may opt to reduce the impact of the rule by ceasing to 
provide cribs to their customers, not replacing all of their cribs, or 
providing play yards instead. Therefore, it is unlikely that the crib 
standards will have a significant impact on a substantial number of 
firms providing public accommodation. However, we have to expect that 
some portion of the more than 53,000 places of public accommodation 
covered by the Act that provide cribs for their customers will replace 
their cribs to be in compliance with this rule. There could be as many 
as 160,000 cribs that might need to be replaced. As explained in the 
previous response, places of public accommodation and child care

[[Page 81773]]

centers are similarly situated in some respects, and therefore, the 
Commission is providing a longer compliance period for places of public 
accommodation as well as child care facilities, and family child care 
homes.

12. Expiration Date/Definition of Useful Life of Crib

    (Comment 17)--One commenter asked whether cribs should have an 
expiration date, given that many of the identified hazards appear to 
result from prolonged use. The same commenter asked how one would 
define the useful life of a crib. For example, would it be defined in 
terms of the product's age in years, or, how often it had been used? 
The commenter also asked how the disassembly and reassembly of a crib 
would be considered, and what effect this would have on the crib's 
components and hardware.
    (Response 17)--It would be extremely difficult to include a 
definition of useful life or to require that manufacturers provide an 
expiration date for cribs. As recognized by the commenter, the 
condition of a crib, including the security of components and hardware, 
can be affected by use. Moreover, each family uses a crib differently, 
depending on the activity level of each child, the length of time each 
child uses the crib, and the frequency of disassembling and 
reassembling the crib. Manufacturing differences and variations in 
materials among cribs, also might affect a crib's useful life. Thus, 
even keeping the use conditions identical, two different cribs likely 
will show wear and tear at varied rates.

13. Crib Mattress Standards/Regulations

    (Comment 18)--Some commenters expressed satisfaction that ASTM has 
begun developing a separate safety standard for mattress fit, and they 
stated their expectation that the CPSC would mandate the voluntary ASTM 
standard when it is finalized. One comment, submitted on behalf of 
several organizations and individuals, expressed concern about health 
and environmental risks that the commenters believed could be 
associated with the use of certain flame retardants or other 
potentially harmful chemical agents in the manufacture of crib 
mattresses. It suggested that the CPSC ``ensure that a standard or 
regulation for crib mattresses address both health and environmental 
risks that potential hazardous chemicals could pose to infants.''
    (Response 18)--We already have regulations pertaining to the 
flammability of mattresses, mattress pads, and mattress sets (see 16 
CFR parts 1632 and 1633). Issues regarding flame retardants and other 
chemicals that may be applied to mattresses are beyond the scope of 
this rulemaking.

14. International Standards

    (Comment 19)--One commenter suggested that the CPSC use 
international standards, or the relevant parts of them, as a basis for 
our regulation. These include the relevant international standards or 
technical regulations, such as the Health Canada, EN (European Nation), 
or ISO (International Standards Organization) crib standards.
    (Response 19)--CPSC staff has reviewed, compared, and considered a 
variety of crib standards/regulations, including the three identified 
by the commenter. In addition, CPSC staff reviewed the Australian/New 
Zealand crib standard and three voluntary standards, one published by 
Underwriters Laboratories (which is no longer an active standard), and 
the two ASTM standards. The CPSIA specifically requires the Commission 
to promulgate a safety standard that is substantially the same as, or 
more stringent than, any voluntary standards. The Commission chose the 
appropriate ASTM voluntary standards for cribs to be the basis for the 
CPSC's crib regulations.
    CPSC staff's review of the international standards or regulations 
identified vast differences. Thus, assuming that the commenter sought 
internationally harmonized requirements, even if we were to adopt an 
international standard or regulation, the differences in the 
international standards and regulations would not have resulted in 
harmonization across multiple jurisdictions. The ASTM voluntary 
standard recently adopted one requirement (the slat/spindle strength 
requirement) that was based on a similar requirement in the EN standard 
and two requirements (the cycle test and the mattress support impact 
test) that are almost identical to ones found in the Health Canada 
regulation. Other requirements in the ASTM standards are equivalent to 
requirements in some of the other international regulations.
    Regardless, section 104(b) of the CPSIA requires us to promulgate 
regulations that are substantially the same as voluntary standards or 
more stringent than such voluntary standards if we determine that the 
more stringent standards would further reduce the risk of injury 
associated with durable nursery products. Section 104(b) of the CPSIA 
does not mention international harmonization of standards. We believe 
that the ASTM standards, with the specified modifications, are the most 
encompassing and robust crib standards and are thus ``more stringent'' 
than the ASTM standards alone.

15. Concern About Continually Replacing Cribs

    (Comment 20)--Some commenters, consisting of child care centers, 
expressed concern that they would need to replace their stock of cribs 
every time that ASTM changes its full-size or non-full-size crib 
standards.
    (Response 20)--Neither the CPSIA nor the CPSC's crib standards 
would require replacement of cribs whenever ASTM revises F 406 or F 
1169. The CPSIA does require that all cribs that are manufactured, 
offered for sale, provided for use, or otherwise placed in the stream 
of commerce meet the crib standards issued by the CPSC. The CPSC's 
proposed crib standards reference ASTM F 406-10a and ASTM F 1169-10; 
however, the federal standards do not change automatically whenever 
ASTM revises its voluntary standards. Rather, to change the federal 
crib standards, we would need to engage in notice and comment 
rulemaking procedures and refer to a subsequent version of the ASTM 
standards.

16. Continued Use of Cribs by Consumers

    (Comment 21)--One commenter suggested that we include in an 
Enforcement Policy a clarification that consumers can continue to use 
cribs that conform to ASTM standards in effect in 2010.
    (Response 21)--We intend to distribute information and education 
materials in connection with issuance of the crib standards and will 
consider such a clarification as part of those materials. Nothing in 
the CPSIA, or in the crib standards, requires consumers to replace 
their cribs with cribs that comply with the new crib standards. The 
CPSIA requires action by those who manufacture, sell, lease, or 
otherwise distribute cribs in commerce, and by child care centers and 
places of public accommodation.

17. Miscellaneous Clarifications About Use of Certain Cribs/Play Yards

    (Comment 22)--A few commenters asked for clarification or made 
incorrect interpretations of the proposed rule or the CPSIA. These 
comments mostly dealt with the requirements as they would apply to 
child care centers. One commenter asked if she would no longer be able 
to use wooden cribs or play yards. Another commenter incorrectly 
understood that consumers would be

[[Page 81774]]

required to replace their cribs, and she objected to this.
    (Response 22)--The CPSIA and the crib standards do not dictate the 
kind of sleeping environment--full-size crib, non-full-size crib, or 
play yard--that a child care center must provide. Further, the crib 
standards do not dictate the type of material from which a crib must be 
made (e.g., wooden, metal, or plastic). The CPSIA does require that any 
rigid crib, whatever it is made of, comply with either the full-size or 
non-full-size crib standard. Finally, nothing in the CPSIA, or in 
CPSC's crib standards, would require consumers to replace their cribs 
with cribs that comply with the new crib standards.

18. Testing by Firewalled Labs

    (Comment 23)--Several consumer groups suggested that the Commission 
not accept any ``firewalled labs'' to do testing for compliance with 
the crib standards because cribs ``should meet the highest safety 
standards.''
    (Response 23)--Section 102(a)(2) of the CPSIA generally requires 
that manufacturers and private labelers of children's products (such as 
cribs) that are subject to a children's product safety rule submit 
samples of their products for testing by a third party for compliance 
to applicable children's product safety rules. Section 102(f)(2)(D) of 
the CPSIA allows the Commission to accredit a third party conformity 
assessment body (often referred to as a ``testing laboratory'' or 
``lab'') that is owned, managed, or controlled by a manufacturer or 
private labeler as a third party testing lab if it meets certain 
requirements. Such testing labs are known as ``firewalled'' labs. If a 
firewalled lab meets the necessary requirements, its testing should be 
equivalent to testing conducted by any other third party testing lab. 
Thus, section 102 of the CPSIA does not prohibit the use of firewalled 
labs.

19. Formaldehyde Standards for Wood Products Act

    (Comment 24)--One commenter stated that composite woods used in 
cribs should comply with the Formaldehyde Standards for Wood Products 
Act (Pub. L. 111-199) and that the CPSC should require that all cribs 
using composite wood be tested for compliance to these standards.
    (Response 24)--The Formaldehyde Standards for Wood Products Act was 
enacted on July 7, 2010. It amends the Toxic Substances Control Act and 
establishes formaldehyde emission standards for hardwood, plywood, 
medium density fiberboard, and particle board that is sold, supplied, 
offered for sale, or manufactured in the United States. (The Act 
provides numerous exemptions from these standards.) The standards are 
to be administered by the U.S. Environmental Protection Agency (EPA). 
The law makes no specific mention of cribs. However, it appears that if 
cribs are made of the types of wood subject to this law, the 
formaldehyde emission standards would apply to them. If manufacturers 
have questions about the applicability of the emission standards to 
their cribs, they should contact the EPA.

20. Soft Bedding

    (Comment 25)--One commenter supported the proposed crib standards 
and suggested that the Commission also look into regulating soft infant 
bedding products, such as bumper pads.
    (Response 25)--As noted in the staff's briefing package that 
accompanied the proposed rule, extra bedding in cribs accounted for the 
majority of infant deaths in cribs or other sleeping products, but 
there are no performance requirements for cribs that can address this 
issue. (See page 12 of CPSC staff's briefing package for the proposed 
rule at: http://www.cpsc.gov/library/foia/foia10/brief/104cribs.pdf.) 
Education and information may be a more appropriate way to address the 
hazards associated with extra bedding. For instance, the recently 
released CPSC video on safe sleeping, (http://www.cpsc.gov/cpscpub/prerel/prhtml11/11021.html.), is an example of an educational tool 
designed to bring more awareness to new parents of the dangers of extra 
or soft bedding.

21. Slat Strength Test Changes for Folding Crib Sides

    (Comment 26)--One commenter noted that the spindle/slat testing 
procedure does not consider testing crib sides that fold either for 
access to the occupant or for storage and transport and that, as 
written in the proposed standard, the test method does not specify 
testing procedures for such segmented sides. The commenter suggested 
adding the following language for the full-size and non-full-size crib 
standards: ``For cribs incorporating folding or moveable sides for 
purposes of easier access to the occupant, storage and/or transport, 
each side segment (portion of side separated by hinges for folding) 
shall be tested separately as described above.''
    (Response 26)--CPSC staff worked in cooperation with the ASTM task 
group, which created the language suggested by the commenter, to 
address this issue. Although the defined testing requirements in the 
proposed rule would work adequately for a crib side with no moving 
segments, it would not define clearly testing procedures for segmented 
sides. The intent of the slat strength test is to verify that the crib 
slats can withstand 80 lbf. If a crib side includes a hinge or other 
folding mechanism, the force applied to the slat could be transferred 
to the hinge and unintentionally test the structural integrity of the 
hinge and/or hinge attachment. We have not received reports of any 
incidents regarding crib sides with hinges or other folding mechanisms. 
The final rule includes new provisions in both the full-size and non-
full-size crib standards, based on the language provided by the 
commenter, to clarify the spindle/slat testing procedure for cribs with 
folding or movable sides.

22. Definition of Folding vs. Movable Sides

    (Comment 27)--One commenter asked about the difference between 
movable sides and folding sides as defined in the voluntary full-size 
crib standard, ASTM F 1169-10.
    (Response 27)--ASTM F 1169-10 defines a folding side as a side or 
part of a side that folds or pivots in order to provide easier access 
to an occupant. An example of this is a crib with a drop-gate design, 
where the top portion of one side folds over by use of a hinge or 
hinges. A movable side is also a side that is used to provide easier 
access to an occupant and is any design other than a folding side.

23. Rocking Crib Test Procedure

    (Comment 28)--One commenter asked how we plan to apply the proposed 
crib standard to cribs that are built with rockers, a design that is 
not addressed explicitly by ASTM F 1169-10. The commenter noted that 
such a product could be a ``super-sized'' cradle or rocking bassinet, 
whose interior dimensions meet that of a full-size crib, or perhaps a 
glider-style crib. The commenter stated that it would make sense for 
the crib to be arrested during testing so that the crib does not rock, 
but the commenter felt that this was not clear in the proposed rule.
    (Response 28)--We find that the current language in the standard is 
sufficient and clearly states that, for each dynamic test requirement, 
the crib must be mounted rigidly prohibiting or arresting any movement 
of the crib during all phases of the test procedure. Furthermore, it 
would be intuitive for test laboratories that a rocking crib must be 
secured to arrest any motion in the vertical or horizontal direction. 
Manufacturers and test labs have been

[[Page 81775]]

manufacturing and testing non-full-size rocking cribs for some time 
now, and we are not aware of any clarity requested or needed for 
testing existing non-full-size rocking cribs or potentially newly-
designed full-size rocking cribs.

24. ASTM Provision Concerning Retightening Screws and Bolts

    (Comment 29)--Numerous commenters supported the proposed rule's 
exclusion of the provision in ASTM F 1169-10 concerning retightening of 
screws between tests, noting that it will enhance crib safety. One 
commenter, however, disagreed with exclusion of the hardware 
retightening provision. The commenter stated that the dynamic tests, 
namely the shake test, vertical mattress support impact test, and the 
crib side rail impact test are designed to simulate and accelerate the 
use and abuse of the crib. The commenter noted that, ``absent test data 
to support a contrary position, tightening of the screws is consistent 
with the ASTM requirements and CPSC's own historic test practices.'' 
One commenter stated that CPSC staff has not had the time to evaluate 
the efficacy of not removing the retightening allowance.
    (Response 29)--We strongly disagree with the commenter opposing 
exclusion of the hardware retightening provision. It is true that the 
purpose of accelerated life cycle tests is to accelerate the 
degradation rate of a product under known use conditions. However, the 
accelerated tests that are required in both the full-size and non-full-
size crib standards are not overly stringent. The combination of the 
shake test (to simulate a child standing and shaking the top of a side 
rail), the vertical mattress support impact test (child jumping), the 
crib side rail impact test (child climbing outside of rail), and the 
slat/spindle strength test (child and/or sibling falling against or 
kicking slats) comprise a laboratory simulation of a lifetime of use. 
The shake test parameters are based on a lifetime of use of only 18 
months, or use by just one child. The majority of cribs are used for 
two and three children, and some are in use for 15 years or longer. 
Furthermore, the accelerated life cycle tests include test parameters 
for foreseeable use of the product. Foreseeable use includes a child 
shaking the side rails, jumping on the mattress, climbing on the 
outside of the side rails, or falling or kicking the crib slats.
    As for the commenter's statement that CPSC staff has not had the 
time to evaluate the efficacy of not removing the retightening 
allowance, we disagree. First, we conducted initial tests to verify the 
effects of the vertical mattress support impact and crib side rail 
impact tests on fasteners loosened during the cyclic side shake test. 
We intentionally backed out fasteners one-quarter and one-half turn, 
chosen at random on three full-size and two non-full-size cribs, prior 
to mattress support and side impact testing. In summary, the side rail 
impact test severely affected fasteners that lost their seated preload, 
approximately one-half turn and greater. Fasteners that were loosened 
less than one-half turn maintained sufficient preload to withstand the 
side impact test vibrations applied to the lower rail. If the fasteners 
that loosened after the crib side impact test had been retightened 
beforehand, a potentially dangerous condition, such as a hazardous gap 
created by loosened hardware, would have gone unnoticed.
    Second, we recently had the opportunity to evaluate each proposed 
performance requirement by participating in the testing of a full-size 
crib according to the full-size crib standard. Test results showed that 
the forces exerted on the crib sides during the shake test are not 
significantly detrimental to loosening hardware. After completion of 
the shake test on the test crib, two fasteners were noted to have 
backed out, one about one-eighth of a turn, and one close to one-half a 
turn. Neither fastener backed out enough to be considered noncompliant 
with the test requirement. In addition, these two fasteners did not 
back off any further after the mattress support and crib side impact 
testing. However, after the crib side impact test, another fastener, a 
wing nut securing the mattress support, backed off several turns, 
creating about a three millimeter separation, which is noncompliant 
with the requirement. Therefore, the crib ultimately failed due to a 
primary component attached by a screw that separated more than one 
millimeter. It is important to note that the assembly envelope around 
the wing nuts was confined severely by the proximity of the mattress 
support frame to the side slats. This made it difficult to ensure that 
adequate torque was applied during crib assembly. Results such as these 
reemphasize the importance of not allowing retightening of fasteners 
during testing, because it is foreseeable that a consumer will have 
similar difficulty tightening a fastener in a confined space.
    It is also important to note that ASTM F 1196-10 and F 406-10a 
include a new hardware and fasteners requirement, which requires that 
crib hardware include a locking device or method for impeding 
loosening. This will reduce further the need for the retightening 
allowance, especially with crib designs that utilize fasteners that are 
difficult to access.
    In summary, we strongly disagree with the request to allow 
retightening of fasteners. The majority of crib side rail corners are 
attached with one screw. Loosening just one screw can result in 
subsequent detachment of the side rail corner, creating a hazardous 
gap. There have been at least 10 fatalities where loose screws have 
contributed to the death of a child. After drop-sides, loose screws are 
the second highest cause of fatalities associated with the structural 
integrity of cribs. It is important that fasteners remain secure during 
the useful life of the crib.

25. Captive Hardware

    (Comment 30)--Some commenters suggested that the hardware used for 
assembly remain captive in the key structural components when a crib is 
disassembled to reduce the chance of losing the hardware and of owners 
subsequently substituting inappropriate hardware for the hardware that 
was provided originally with the crib.
    (Response 30)--Captive hardware typically includes a threaded 
insert with a captive screw on the mating component. A few of the 
advantages of captive hardware include: Prevention of lost hardware, 
accurate and repeatable assembly of primary structural components, and 
ease of assembly. Crib designs using captive hardware, especially for 
primary components, such as side rails, could minimize the chance of 
screws loosening, allowing components to detach and create an 
entrapment hazard. In addition, captive hardware could: (1) Make 
assembly of cribs easier; (2) minimize the chance of a consumer 
replacing a lost screw with an incorrect or improper substitute; and 
(3) reduce the chance of a consumer misassembling the crib.
    Although, there appear to be many advantages to using captive 
hardware on cribs, there are several disadvantages as well. First, if a 
captive screw ever becomes damaged or is inadvertently bent or pulled 
from an external force while in the disassembled state, it may be 
difficult or impossible to reassemble the crib component with the 
damaged screw or to remove and reinstall a replacement captive screw. 
Second, requiring captive hardware to attach a mattress support could 
result in more complicated designs or extra hardware because one main 
component of a full-size crib, the mattress support, typically is 
designed to be installed in different positions (levels).

[[Page 81776]]

    Although the advantages of using captive hardware may seem to 
outweigh the disadvantages, we conclude that it is premature to mandate 
the use of captive hardware. We encourage manufacturers and ASTM to 
investigate the use of captive hardware systems on cribs and note that 
some manufacturers already are employing or considering using such 
designs.

26. Test Mattress for Non-Full-Size Crib Mattress Support Test

    (Comment 31)--One commenter expressed concern about the requirement 
for non-full-size cribs to conduct the mattress support testing 
(dynamic impact) with a specific test mattress for each product, as 
opposed to conducting this test with the mattress supplied with each 
crib. The commenter was concerned that testing with such a mattress may 
be less stringent than testing with the mattress supplied with the 
product. The commenter also was concerned that the provision could 
require test labs to have multiple test mattresses to suit all 
different dimensions of non-full-size cribs. This, the commenter 
stated, could increase the time and costs of testing.
    The commenter recommended using the mattress supplied with the 
product in the dynamic testing. Alternatively, the commenter suggested: 
(1) stating in the final rule that a test mattress be large enough to 
accommodate the impactor to be used in the test, provided the test 
mattress does not shift in any way during testing or (2) specifying a 
smaller test mattress that would accommodate all non-full-size cribs 
currently for sale in commerce, with such dimensions as 18'' x 18'' x 
3.''
    (Response 31)--In some instances, it may be true that testing non-
full-size cribs with a thicker test mattress may be less stringent than 
testing with the mattress supplied with the product. However, we feel 
it is more important to use a standard size test mattress for test 
repeatability between testing facilities. Crib mattresses, especially 
mattresses provided with non-full-size cribs, are typically entry-level 
price point mattresses. Foam and mattress stitch variability is 
inherently high throughout the mattress industry. Furthermore, the 
mattress thickness, foam density, and other mattress characteristics 
determine the amount of energy that is transferred to the mattress 
support system. If a standard test mattress is not required, it is 
foreseeable that the same non-full-size crib with a supplied one-inch 
mattress may pass at one test laboratory, but fail at another, due 
solely to the inherent variability in the mattress manufacturing 
process.
    As for the commenter's concern regarding the potential delay in 
specifying and ordering a test mattress to correctly fit the non-full-
size crib being tested, this issue could be addressed easily if the 
manufacturer includes a test mattress in the crib's bill of materials 
at the design stage. This will ensure that all crib components, 
including the test mattress, are procured at the same time. Thereafter, 
the test mattress will be available for testing, when needed, 
eliminating any additional testing delays or increased costs by the 
test laboratories.
    As for the commenter's concern regarding the use of a test mattress 
just large enough to accommodate the impactor used during the mattress 
impact test, in general, using any test mattress that is smaller than 
the interior surface area of the crib will be more stringent than using 
a mattress equivalent to the crib's interior surface area. A smaller 
test mattress will transfer more energy into the mattress support 
system. Specifically, using the 18 inches x 18 inches x 3 inches 
mattress pad as an example, the impact head, about 8 inches across, 
when positioned 2 inches from the sides in a corner will hit the test 
mattress such that it overlaps the midplane or geometric center of the 
test mattress. Therefore, the test mattress foam will sustain more 
damage than a larger mattress. Unless replaced for each test, it will 
soften, thereby transmitting more energy into the mattress support 
structure. CPSC staff believes that using an undersized mattress will 
mean less repeatability from lab to lab and different force 
distributions experienced on each crib.
    Once a crib mattress standard is developed, which would diminish 
the variability currently inherent in the mattress manufacturing 
process, testing non-full-size cribs with their supplied mattresses may 
be more workable. However, for the present, we feel that it is more 
important to ensure repeatability between test laboratories by 
requiring the same vertical mattress impact test for both full-size and 
non-full-size cribs.

27. Replacement Mattresses in Non-Full-Size Cribs

    (Comment 32)--Several commenters argued for modifying the warning 
on non-full size cribs, which states, in part: ``Use ONLY mattress/pad 
provided by manufacturer * * *'' and instead use language that does not 
specify the manufacturer of the replacement mattress, because some 
manufacturers make mattresses for other manufacturers' products. One 
commenter supported an immediate change in the language in the warning, 
and other commenters supported a language change only after a separate 
mattress standard has been developed.
    (Response 32)--The non-full-size crib standard requires all non-
full-size cribs to be sold with their own mattress. These comments only 
relate to a warning label about replacement mattresses, and do not 
suggest changing the requirement for the mattress supplied with the 
non-full-size crib. We agree that replacement mattresses made by 
manufacturers other than the supplier of the non-full-size crib can 
achieve a satisfactory fit, because there are many common sizes among 
non-full-size cribs. Furthermore, we agree that, without alternatives, 
consumers may resort to homemade bedding surfaces when they need to 
replace a mattress. Pads that are ``designed for'' a given crib will 
simulate all dimensions (edge contours, overall area, density, and 
thickness) of the original mattress supplied by the manufacturer. A 
mattress with the dimensions necessary for eliminating hazardous gaps 
in the crib can be manufactured satisfactorily by anyone, not just the 
original manufacturer. We believe it would be better to address this 
issue after a mattress standard has been created.
    (Comment 33)--A commenter stated that, ``If the CPSC mandates that 
consumers `use only the mattress/pad provided by the manufacturer' then 
retailers will be inclined to stop offering alternative mattresses/
pads.''
    (Response 33)--The final rule does not mandate what mattress a 
consumer can use, and it does not prohibit the sale of replacement 
mattress pads. The standard simply requires a warning label on the 
product. The label mentioned by the commenter has been part of the ASTM 
standard for non-full-size cribs since 1997, and JPMA-certified non-
full-size cribs have displayed that warning since that time. The 
commenter does not provide any data or evidence to support the 
contention that retailers will stop offering alternative mattresses/
pads. Consequently, we will wait to revise this warning label until 
after a mattress standard has been created, as suggested by other 
commenters.

28. Misassembly

    (Comment 34)--Several commenters suggested that products should be 
designed so that the consumer-assembled parts cannot be misassembled. 
They suggested that all parts of a crib should fit only in the correct 
orientation, and that if

[[Page 81777]]

misassembled, the crib would be unusable.
    (Response 33)--This suggestion originates from reports of fatal 
incidents, wherein a crib side was installed upside-down. We have 
considered such a requirement for the standard, but it would be 
difficult to implement. Any part of a product can be misassembled, and 
there are also certain parts of cribs that can be safely used in any 
orientation. Manufacturers could resort to more preassembly of crib 
components to meet this commenter's suggestion, but due to the size of 
an assembled crib and its components, any preassembly would likely be 
very limited in nature and thus would not solve the problem.
    The requirement to make a crib unusable when a part is misassembled 
is not feasible because consumer modifications and misassemblies could 
be clever and forceful. Questions to consider include: Can the 
potential misassembly involve consumer use of hand tools and off-the-
shelf fasteners? What if the misassembled part is redrilled to make it 
fit? How can a manufacturer make a part unusable if misassembled, when 
the test lab is allowed to ignore the manufacturer's instructions?
    It would be difficult, perhaps impossible, to devise a reliable 
method for testing such a requirement. The testing permutations needed 
to prove the utility of some parts in all possible configurations would 
increase the number of tests that would have to be performed, because 
each part would have to be tested in every possible position. Although 
we agree that the principle of making parts oriented in only one 
direction is sound, the testing needed to prove the inability to use 
the part makes testing the requirement impractical. The requirement in 
the standard to clearly mark the manufacturer's recommended 
installation orientation addresses the problem and highlights the 
design principle for manufacturers.

29. Utility of Drop-Side Cribs

    (Comment 35)--One commenter claimed that drop-side cribs are 
necessary for some caregivers because some caregivers are shorter. The 
commenter also suggested that professional child care environments 
should be allowed to use drop-side cribs because infants are supervised 
constantly when they are in the crib, and the cribs are checked 
routinely for safety.
    (Response 35)--Although we agree that people who are shorter in 
stature may have more difficulty when placing infants into cribs than 
people who are taller, the standard does not prevent crib designers 
from making cribs that have sides that lower in some manner to help 
access the crib interior. Cribs with a gate that swings downward on a 
piano hinge commonly are available and meet the requirements of the 
standard. Other designs that raise and lower the side of the crib are 
possible. These alternative designs provide the same convenience as 
traditional drop-side cribs.
    As for the commenter's argument regarding supervision of infants in 
professional care environments, we agree that professional child care 
environments generally have a higher level of supervision than the 
average residential child care environment. However, cribs are designed 
with the idea that children can be left in them unsupervised. With 
respect to routine safety checks, CPSC staff does not recommend relying 
on human behavior for safety, when a design change is available that 
can eliminate a hazard. Within the field of prevention science, 
behavioral solutions are always the last choice when designing for 
safety, because humans are fallible.

30. Fall Hazards

    (Comment 36)--A few commenters expressed concern about hazards 
associated with falls from cribs. These commenters agreed that it is 
not appropriate to lower the age recommendation or increase the crib 
side heights. However, the commenters urged the Commission to research 
these issues and develop innovative solutions, including thorough 
public education efforts, to limit hazards when children climb out of 
cribs. Another commenter recommended that the CPSC and ASTM consider 
setting a maximum crib height, as measured from the top rail to the 
floor.
    (Response 36)--We acknowledge that injuries resulting from crib-
related falls rank high in terms of the number of incidents. The new 
crib standards contain labeling requirements, but not any design or 
performance requirements, to address this hazard. When discussing 
height, some distinctions must be made. The side height of a crib is 
the height from the top of the mattress support (for full-size cribs) 
in its lowest position, to the lowest part of the top rail. This 
dimension has a minimum that is set by each crib standard. For 
instance, it is 26 inches for full-size cribs. This minimum height is 
required to help prevent children from climbing out of the crib. One 
also can measure the crib height, which is measured from the floor to 
the lowest part of the top rail. Neither the CPSC nor ASTM set a 
requirement for this measurement (which is the measurement to which the 
commenter refers).
    Setting a maximum crib height will not reduce the number of 
incidents of children climbing and falling out of cribs (because that 
is dictated by the side height). Therefore, a maximum crib height will 
not prevent injuries. A maximum crib height could reduce, perhaps, the 
severity or number of injuries. Side height requirements for full-size 
cribs specify a minimum of 26 inches between the top of the mattress 
support in its lowest position, and the top of the lowest rail. Thus, 
even if the mattress support was on the floor, the minimum fall 
distance would be 26 inches, which still can result in an injury. No 
maximum crib height will eliminate injuries from falls, and setting an 
arbitrary number above 26 inches as a maximum height would be design 
restrictive.
    Many non-drop-side cribs have lower overall heights than the 
average traditional drop-side crib. We took measurements of 48 drop-
side cribs and 15 non-drop-side cribs and found the following:

 
                 Crib type                           Crib height
 
Drop-side cribs...........................  33'' to 43''.
Non-drop-side cribs.......................  32'' to 39.75''.
 

    Based on this sample, non-drop-side crib heights do not appear to 
be higher, but are at, or below, traditional drop-side crib heights. A 
shorter crib height would require fewer construction materials and 
could result in lower crib weight (which could reduce associated 
shipping costs). Thus, crib manufacturers may be inclined to offer 
cribs with shorter heights. We believe that the availability of cribs 
with shorter heights may increase, because the clearance formerly 
needed under the crib for the operation of drop-sides no longer would 
be necessary.

31. Crib Side Heights

    (Comment 37)--A commenter claimed that crib manufacturers now are 
using the bare minimum side heights and that, when drop-sides were 
allowed, many manufacturers exceeded the minimum side height, thereby 
preventing some falls. The commenter did not include data to support 
this assertion that crib manufacturers are reducing the side height now 
that they are no longer making drop-side cribs.
    (Response 37)--Measurements of various cribs taken by CPSC staff 
show that there are some drop-side cribs and some non-drop-side cribs 
that just meet the minimum side height requirement

[[Page 81778]]

and there are some drop-side cribs and non-drop-side cribs that have 
greater-than-minimum side heights.
    The minimum side height requirement in the crib standard was 
developed with an intended user in mind (a child under the height of 35 
inches). Even so, there always will be a certain population of children 
who will be capable of climbing out of a crib, even cribs with a side 
height greater than what is required by the crib standards. If the 
overall average side height of cribs decreased to the minimum side 
height required in the standard, and inadvertently resulted in a higher 
frequency of children climbing out, CPSC staff believes that the 
likelihood of serious injury is lessened by the reduction in the 
overall fall height due to shorter crib heights (based on the sample of 
cribs examined by CPSC staff).

F. Changes to Proposed Rule

1. Full-Size Crib Standard
    The Commission proposed incorporating ASTM F 1169-10 with one 
modification: Excluding the provision, section 6.12, that requires 
retightening of screws and bolts between the crib side latch test and 
the mattress support vertical impact test. Like the proposal, the final 
rule incorporates by reference ASTM F 1169-10 with the modification to 
exclude the hardware retightening provision. The final rule makes one 
additional modification to ASTM F 1169-10, modifying the spindle/slat 
testing provision in 7.7.1 of the ASTM standard in order to clarify how 
to test a crib with folding or movable sides. The final rule adds a 
sentence to the end of section 7.7.1 of ASTM F 1169-10, which states: 
``For cribs incorporating folding or moveable sides for purposes of 
easier access to the occupant, storage, and/or transport, each side 
segment (portion of side separated by hinges for folding) shall be 
tested separately.'' This change responds to a comment that the CPSC 
received on the proposed rule (see section E of the preamble for 
discussion of the comment and further explanation of the need for this 
change). Also, ASTM recently voted to approve adding this language when 
it next revises ASTM F 1169.
2. Non-Full-Size Crib Standard
    The Commission proposed incorporating ASTM F 406-10 with several 
modifications to address non-full-size cribs. The proposed rule would 
make four modifications and two editorial changes to ASTM F 406-10. 
Most proposed changes were intended to make the non-full-size crib 
standard more consistent with the full-size crib standard. The proposed 
modifications were: (1) Replacing the mattress support performance 
requirement in ASTM F 406-10 with the requirement that is in the ASTM 
full-size crib standard; (2) changing the side impact test in ASTM F 
406-10 to make it identical to the requirements in the ASTM full-size 
crib standard; (3) adding a requirement for movable side latches that 
is similar to a provision in previous versions of the ASTM F 406 
standard; and (4) specifying the order for conducting structural tests, 
as in the full-size crib standard. The proposed editorial changes were: 
(1) Excluding provisions in ASTM F 406-10 that cover only play yards; 
and (2) moving the recordkeeping provision from the appendix of ASTM F 
406-10 to the general requirements section. See 75 FR 43308 (July 23, 
2010).
    The final rule incorporates ASTM F 406-10a by reference, with 
certain modifications. This subsequent version of the ASTM non-full-
size crib standard, approved on October 15, 2010, and published in 
November 2010, includes most of the changes that were in the proposed 
rule. Specifically, ASTM F 406-10a contains the recordkeeping provision 
in the general requirements section (now in section 5.20); the mattress 
support impact performance requirement (now included in sections 6.14, 
and 8.7); proposed changes to the side impact test (now included in 
sections 6.16, and 8.9); the provision for movable side latch testing 
(now included in section 6.13.1); and the order of testing (now in 
section 6.8). Some provisions in ASTM F 406-10a are worded slightly 
differently than the language in the proposed rule. These differences 
in wording are editorial. The proposed modifications that are not 
adopted in ASTM F 406-10a are those that excluded provisions 
specifically related to play yards. Thus, the final rule continues to 
exclude these play yard-specific provisions.
    In addition to the differences between ASTM F 406-10 and F 406-10a 
discussed in the preceding paragraph, there are a few other differences 
between the two versions (which therefore result in differences between 
the CPSC's proposed non-full-size crib standard and the final 
standard). Most differences between the two versions are editorial; for 
example, the revised standard rearranges the order of some sections and 
makes minor wording changes to make the language more consistent with 
the full-size crib standard (ASTM F 1169-10). The CPSC has reviewed 
these changes and concludes that only one change is a substantive 
change that would reduce safety. ASTM F 406-10a adds the provision that 
was (and continues to be) in the ASTM standard for full-size cribs, 
which requires the retightening of screws and bolts between tests. The 
CPSC's final rule for non-full-size cribs excludes this provision, just 
as the CPSC's final rule for full-size cribs does.
    The final rule for non-full-size cribs also adds language 
concerning testing of cribs with folding sides as in the final rule for 
full-size cribs. The final rule for non-full-size cribs includes one 
other modification that was not in the proposal. This change modifies 
the language for a warning label that cautions against placing netting 
or other covers over the product. The current wording in ASTM F 406-10a 
mentions only ``play yards.'' The final rule substitutes the word 
``product'' for ``play yard,'' thus making the warning label also 
applicable to non-full-size cribs. The Commission did not receive any 
comments on this labeling issue. However, it is related to the effort 
in the CPSC's proposed and final non-full-size crib standards to 
exclude provisions that relate only to play yards. Recently, ASTM 
approved these two changes (concerning folding cribs and the warning 
label regarding netting and covers) for its next version of ASTM F 406, 
but they are not in ASTM F 406-10a.
3. Effective Date
    The Commission proposed a 6-month effective date (as measured from 
the date of publication of a final rule in the Federal Register). The 
final rule maintains the 6-month effective date but establishes two 
compliance dates: 6 months for all entities subject to the rule, except 
for child care facilities, family child care homes, and places of 
public accommodation which have a 24-month compliance date. As 
discussed in sections E.8 and 10 of this preamble, the Commission 
received several comments from child care providers describing the 
impact that the crib standards could have on them, and the Commission 
believes that places of public accommodation face similar issues. The 
final rule provides a longer compliance period for these entities to 
allow them additional time to purchase compliant cribs and to absorb 
the costs of meeting the standards.
4. References in 16 CFR 1500.18
    When the Commission proposed the crib standards, it also proposed 
revising 16 CFR 1500.18(a)(13) and (14), which state that full-size 
cribs that do not comply with 16 CFR part 1508 and non-full-size cribs 
that do not comply with

[[Page 81779]]

16 CFR part 1509 are banned hazardous substances under the FHSA. We 
proposed to replace the references to 16 CFR parts 1508 and 1509 with 
references to the CPSC's new crib standards which will be codified at 
16 CFR parts 1219 and 1220. As noted earlier in this preamble, 
elsewhere in this issue of the Federal Register, we are revoking the 
crib regulations that the Commission previously issued under the FHSA 
and are codified at 16 CFR parts 1508 and 1509. Given that section 
104(b) of the CPSIA changed the regulation of cribs (and other durable 
infant or toddler products) from the FHSA to the CPSA, we have 
determined that it will reduce confusion to remove the provisions in 16 
CFR 1500.18(a)(13) and (14) altogether rather than changing the 
references. This is consistent with the revocation of 16 CFR parts 1508 
and 1509.

G. Assessment of Voluntary Standards ASTM F 1169-10 and ASTM F 406-10a 
and Description of the Final Rule

1. Section 104(b) of the CPSIA: Consultation and CPSC Staff Review

    Section 104(b) of the CPSIA requires the Commission to assess the 
effectiveness of the voluntary standard in consultation with 
representatives of consumer groups, juvenile product manufacturers, and 
other experts. This consultation process for the full-size and non-
full-size crib standards has involved: An ANPR, a public crib 
roundtable, and in-depth involvement with ASTM. CPSC staff's 
consultations with ASTM are ongoing.

2. Description of the Final Standard for Full-Size Cribs, Including 
Changes to the Requirements of ASTM F 1169-10

    The Commission believes that the provisions of ASTM F 1169-10 are 
effective to reduce the risk of injury associated with full-size cribs. 
The modifications to ASTM F 1169-10 strengthen the ASTM standard. The 
final rule incorporates by reference ASTM F 1169-10 with two 
modifications:
    <bullet> Exclusion of the provision in the voluntary standard 
concerning retightening of screws and bolts between the crib side latch 
test and the mattress support vertical impact test; and
    <bullet> Addition of language to the voluntary standard clarifying 
how to conduct the slat/spindle strength test on a crib with folding or 
movable sides.
a. Scope, Compliance Dates, and Definitions (Sec.  1219.1)
    Like the proposal, the final rule states that this part establishes 
a consumer product safety standard for new and used full-size cribs. In 
accordance with section 104(c) of the CPSIA, this section states that 
the standard 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 full-size crib. This section 
provides a compliance date of 6 months (as measured from the date of 
publication of this final rule in the Federal Register) for all 
entities subject to the rule, except for child care facilities, family 
child care homes, and places of public accommodation which will have 24 
months (as measured from the date of publication of this final rule in 
the Federal Register) to provide cribs for use that comply with the 
standard. As discussed in section H of this preamble, due to the number 
of compliant cribs that child care centers and places of public 
accommodation will need to provide for use, the final rule provides an 
additional 18 months for them to meet the full-size crib standard.
    Section 1219.1(c) defines full-size baby crib as defined in ASTM F 
1169-10 as a bed, with certain interior dimensions, that is designed to 
provide sleeping accommodations for an infant. In accordance with 
section 104(c) of the CPSIA, the definition includes cribs in child 
care facilities and places of public accommodation affecting commerce. 
This section also provides the definition of ``place of public 
accommodation affecting commerce'' specified in section 104(c) of the 
CPSIA.
b. Requirements for Full-Size Cribs (Sec.  1219.2)
    Incorporation by reference. Like the proposal, the final rule 
incorporates by reference ASTM F 1169-10, Standard Consumer Safety 
Specification for Full-Size Baby Cribs. The final rule requires 
compliance with the requirements of ASTM F 1169-10, with two 
modifications.
    Modifications to the ASTM standard. The final rule for full-size 
cribs excludes the provision in section 6.12 of the ASTM standard that 
requires retightening of screws and bolts between the crib side latch 
test and the mattress support vertical impact test (Sec.  1219.2(b)(1) 
of the CPSC's standard). This is identical to the proposed rule. As 
discussed in the preamble to the proposal (75 FR at 43314 through 
43315), exclusion of this retightening provision strengthens the 
standard. Conducting the tests without re-tightening the hardware 
better represents the real use of a crib. Retightening fasteners would 
sever the chain of accumulated conditioning effects that the crib 
undergoes during the sequence of tests. Most of the comments that the 
CPSC received concerning this issue supported the CPSC's exclusion of 
this provision. Further discussion of the rationale for excluding the 
hardware retightening provision is provided in section E.24 of this 
preamble.
    The final rule adds one provision for full-size cribs that was not 
contained in the proposed rule. The final rule adds a sentence to 
section 7.7.1 of ASTM F 1169-10 to clarify how to conduct the spindle/
slat static force test with a crib that has folding or movable sides 
(Sec.  1219.2(b)(2) of the CPSC's standard). The slat strength test is 
intended to verify that cribs slats can withstand 80 lbf. Without the 
clarification, conducting the test on a crib that has a hinge or other 
folding mechanism could result in testing the structural integrity of 
the hinge rather than the strength of the slats. Thus, the final rule 
adds the following sentence: ``For cribs incorporating foldable or 
moveable sides for purposes of easier access to the occupant, storage, 
and/or transport, each side segment (portion of side separated by 
hinges for folding) shall be tested separately.'' The addition of this 
language strengthens the ASTM standard, because it eliminates an 
ambiguity about testing this type of crib.
    Requirements of ASTM F 1169-10. The final rule incorporates the 
other requirements of ASTM F 1169-10 without change. These requirements 
establish a comprehensive standard for the safety of full-size cribs. 
ASTM F 1169-10 includes definitions; general requirements; performance 
requirements; specific test methods; and requirements for marking, 
labeling, and instructional literature. The key provisions of both ASTM 
standards are outlined in section G.4. of this preamble.

3. Description of the Final Standard for Non-Full-Size Cribs, Including 
Changes to the Requirements of ASTM F 406-10a

    The Commission believes that the provisions of ASTM F 406-10a, with 
the specified modifications, are effective to reduce the risk of injury 
associated with non-full-size cribs. The final rule incorporates a 
version of ASTM F 406 that ASTM approved after the Commission had 
published its proposed rule and includes most of the modifications that 
the Commission proposed. These changes make ASTM F 406-10a more 
consistent with the ASTM standard for full-size cribs, rendering the 
standard more protective than the previous version. The modifications 
in the CPSC's final rule

[[Page 81780]]

further strengthen the standard. The final rule incorporates by 
reference ASTM F 406-10a with four modifications that:
    <bullet> Exclude the hardware retightening provision;
    <bullet> Add language clarifying how to conduct the slat/spindle 
test on cribs with folding or movable sides;
    <bullet> Revise a warning concerning netting or other covers so 
that it includes non-full-size cribs; and
    <bullet> Exclude provisions that apply only to play yards.
a. Scope, Compliance Dates, and Definitions (Sec.  1220.1)
    Like the proposal, the final rule states that this part establishes 
a consumer product safety standard for new and used non-full-size 
cribs. In accordance with section 104(c) of the CPSIA, this section 
states that the standard 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 
crib. This section provides a compliance date of 6 months for all 
entities subject to the rule (as measured from the date of publication 
of this final rule in the Federal Register), except for child care 
facilities, family child care homes, and places of public accommodation 
which will have 24 months (as measured from the date of publication of 
this final rule in the Federal Register) to provide cribs that comply 
with the standard. As discussed in section H of this preamble, due to 
the number of compliant cribs that these entities will need to provide 
for use, the final rule provides an additional 18 months for them to 
meet the non-full-size crib standard.
    Section 1220.1(c) defines non-full-size baby crib as defined in 
ASTM F 406-10a and explicitly excludes play yards. (A play yard is 
defined as ``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.'') A non-
full-size crib is essentially a crib that has dimensions other than 
those of a full-size crib, as defined in the full-size crib standard. 
In accordance with section 104(c) of the CPSIA, the definition includes 
cribs in child care facilities and places of public accommodation 
affecting commerce. This section provides the definition of ``place of 
public accommodation affecting commerce'' specified in section 104(c) 
of the CPSIA. It also provides definitions of terms relevant to the 
definition of non-full-size crib, such as ``portable crib'' and ``play 
yard.''
b. Requirements for Non-Full-Size Cribs (Sec.  1220.2)
    Incorporation by reference. The final rule incorporates by 
reference ASTM F 406-10a, Standard Consumer Safety Specification for 
Non-Full-Size Baby Cribs/Play Yards. The final rule requires compliance 
with the requirements of ASTM F 406-10a, with four modifications.
    Modifications to the ASTM standard. The final rule for non-full-
size cribs excludes the provision in section 6.10 in the ASTM standard 
that requires retightening of screws and bolts between the crib side 
latch test and the mattress support vertical impact test (Sec.  
1220.2(b)(3) of the CPSC standard). This exclusion was not in the 
proposed rule for the non-full-size crib standard because the proposal 
referenced ASTM F 406-10, which did not contain the hardware 
retightening provision. Excluding this provision is consistent with the 
CPSC's standard for full-size cribs. The same reasons for that 
exclusion (see part E.24 of this preamble) apply with regard to non-
full-size cribs.
    The second modification to ASTM F 406-10a adds a sentence to 
clarify the testing of cribs with folding or movable sides. This 
modification was not in the proposed rule, but responds to comments on 
the proposal and is identical to the change in the full-size crib 
standard. This provision adds a sentence to section 8.10.1 of ASTM F 
406-10a to clarify how to conduct the spindle/slat static force test 
with a crib that has folding or movable sides (Sec.  1220.2(b)(5) of 
the CPSC's standard). Addition of this language strengthens the ASTM 
standard because it eliminates an ambiguity about testing this type of 
crib.
    The third modification to ASTM F 406-10a revises a warning in 
section 9.4.2.6 of the ASTM standard that cautions against using 
netting or other covers (Sec.  1220.2(b)(12) of the CPSC's standard). 
The modification replaces the words ``play yard'' with the word 
``product'' because the hazard posed by such covers exists for non-
full-size cribs as well as play yards.
    The final modifications to ASTM F 406-10a remove the provisions 
that relate only to play yards (Sec.  1220.2(b)(1), (2), (4), and (6) 
through (11) of the CPSC standard). Section 104(c) of the CPSIA 
distinguishes cribs (both full-size and non-full-size) from other 
durable infant or toddler products. This different treatment of cribs 
necessitates that the CPSC establish separate standards for non-full-
size cribs and for play yards. In the future, we intend to issue a 
standard for play yards under section 104(b) of the CPSIA.
    Requirements of ASTM F 406-10a. The final rule incorporates the 
other requirements of ASTM F 406-10a without change. The requirements 
establish a comprehensive standard for the safety of non-full-size 
cribs. Like the ASTM standard for full-size cribs, ASTM F 406-10a 
includes definitions; general requirements; performance requirements; 
specific test methods; and requirements for marking, labeling, and 
instructional literature. These requirements are essentially the same 
as the requirements ASTM F 1169-10 establishes for full-size cribs. The 
key requirements of both ASTM standards are outlined in the following 
section of this preamble.

4. Principal Requirements of Both ASTM Crib Standards

    Both the full-size and non-full-size crib standards incorporate by 
reference the relevant ASTM crib standards, with certain modifications 
explained above. The principal requirements are the same in both ASTM 
standards. These are:
    <bullet> Dynamic impact testing of the mattress support system--
intended to address incidents involving collapse or failure of mattress 
support systems. The 2010 standards updated the tests to address 
fatigue of mattress support brackets, support hardware, and mattress 
support due to children jumping in cribs.
    <bullet> Impact testing of side rails and slat strength/integrity 
testing--intended to prevent slats and spindles from breaking and/or 
detaching during use. The requirements were made more stringent for the 
2010 standards. The modification was intended to prevent entrapments by 
reducing the likelihood of slat/spindle breakage and the gaps that 
accompany them.
    <bullet> Mattress support system testing--intended to ensure that 
the mattress support does not become detached from the frame, 
potentially resulting in a fall.
    <bullet> Latching mechanism tests--intended to ensure that latching 
and locking mechanisms work as intended, preventing unintended folding 
while in use. Also requires that they be used with drop gates and 
movable sides.
    <bullet> Crib side configurations--intended, in part, to limit 
movable (drop) sides. Addresses the numerous incidents related to drop-
side failures.
    <bullet> Label requirements--the required warnings were reordered 
in the 2010 full-size crib standard to emphasize fall hazards.
    <bullet> Openings requirement for mattress support systems--a new 
requirement for the full-size crib 2010 standard that

[[Page 81781]]

addresses gaps in the mattress support system to minimize the 
possibility of entrapment.
    <bullet> Requirements for wood screws and other fasteners--a new 
requirement for the 2010 standards that addresses hazards that exist 
when wood screws are the primary method of attachment. Also includes 
other fastener requirements to address incidents related to loose 
hardware and poor structural integrity.
    <bullet> Cyclic testing--a new requirement for the 2010 standards 
that addresses incidents involving failures of non-drop-side hardware 
and poor structural integrity. This requirement was taken from the 
Canadian standard and simulates long-term shaking of the product by a 
child.
    <bullet> Misassembly issues--a new requirement for the 2010 
standards where it must either be impossible to misassemble key 
elements or those elements must have markings that make it obvious when 
they have been misassembled.
    <bullet> Test requirement for accessories--a new requirement for 
the 2010 standards that is intended to address any cribs that may now, 
or in the future, include accessories, such as bassinets or changing 
tables.
    <bullet> Crib interior dimensions--a new requirement for the 2010 
standards that is taken directly from the CPSC's mandatory regulation 
and is intended to ensure that all full-size cribs have the same 
interior dimensions.
    <bullet> Component spacing--a new requirement for the 2010 
standards that is taken directly from the CPSC's mandatory regulation 
and is intended to prevent child entrapment between both uniformly and 
non-uniformly-spaced components, such as slats.

5. The Final Crib Standards Address the Principal Hazards Related to 
Cribs

    This section summarizes how the standards for full-size and non-
full-size cribs address the principal crib-related hazards that the 
CPSC has identified through its review of incidents involving cribs.
    The crib standards address structural failures of cribs that are 
related to drop-side failures through a requirement that the sides of a 
crib be fixed in place and have no movable sections less than 20 inches 
from the top of the mattress support (effectively eliminating drop 
sides). The standards address problems with non-drop-side hardware and 
poor structural integrity through requirements for screw fasteners, 
locking components, and the cyclic side (shake) test. Loosening of wood 
screws and other fasteners also has led to crib incidents. The 
standards address these hazards through the wood screw requirements of 
16 CFR parts 1508 and 1509 (which are now in ASTM F 1169-10 and ASTM F 
406-10a), restricting the use of wood screws as primary fasteners; 
prohibiting use of wood screws in structural elements that a consumer 
would need to assemble; and imposing stricter requirements for the use 
of threaded metal inserts and other metal-threaded fasteners. Problems 
with the structural integrity of cribs and hardware issues (such as 
loosened joints, detached sides and overall poor structural integrity) 
are addressed by the cyclic side (shake) test, which simulates a 
child's lifetime shaking of the crib. The test applies a cyclic force 
(9,000 vertical and then 9,000 horizontal load cycles using 27 lbf) at 
the midpoint of each top rail, end, and side of the crib. To address 
mattress-related issues (such as, entrapments between a mattress 
support and a crib structure, and mattress support structural 
failures), the crib standards include a mattress impact cyclic test 
that consists of dropping a 45-pound mass (20 kg) repeatedly every 4 
seconds onto a polyurethane foam test mattress covered in vinyl and 
supported by the mattress support system. The crib standards address 
crib slat disengagement (which can result in entrapment) by specifying 
that any crib side with slats must be tested (previously the number of 
sides was not specified and manufacturers could test just one side). 
The crib standards address broken or dislocated slats, which can cause 
a gap of approximately 5 inches, by making the slat/spindle strength 
test more stringent, requiring a set number of slats to withstand an 
80-pound load. The crib standards address misassembly issues by 
including a requirement which states: ``Crib designs shall only allow 
assembly of key structural elements in the manufacturer's recommended 
use position or have markings that indicate their proper orientation. 
The markings must be conspicuous in the misassembled state.''

H. Effective Date

    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). The Commission proposed that the 
standard would become effective six months after publication of a final 
rule. The Commission invited comments regarding the sufficiency of a 6-
month effective date for the crib standards, which are discussed in 
section E.10 of this preamble.
    Based on review of the comments, the final rule provides a 6-month 
effective date (as measured from the date of publication of this final 
rule in the Federal Register) with two compliance dates: a 6-month 
compliance date for all entities subject to the rule, except for child 
care facilities, family child care homes, and places of public 
accommodation, which have 24 months (as measured from the date of 
publication of this final rule in the Federal Register) to provide 
cribs that comply with the standards. This approach alleviates concerns 
that there may not be a sufficient supply of cribs that meet the new 
standards for these entities to provide compliant cribs within a 6-
month effective date. Providing this additional period of time for 
these entities addresses their concerns about the costs of compliance 
by allowing additional time for them to locate funding and to absorb 
the costs of the rule. This approach still requires manufacturers and 
retailers (as well as other entities selling, leasing or otherwise 
providing cribs) to supply compliant cribs within 6 months just as the 
Commission had proposed. Providing tiered compliance dates should allow 
for an orderly process of supply, so that cribs are first manufactured 
and made available for sale before child care facilities, family child 
care homes, and places of public accommodation, which must purchase 
compliant cribs, are required to comply with the standards. This 
approach also will not delay the availability of cribs in stores for 
individual consumers to purchase, which would have been the case if the 
rule established a longer uniform effective date to accommodate the 
impact on child care facilities, family child care homes, and places of 
public accommodation. By setting a compliance date of 24 months from 
the date of publication of this final rule in the Federal Register, the 
Commission intends that any such entity that comes into being after the 
compliance date must comply with this rule when it begins operating.
    An additional reason underlies the Commission's decision to create 
a separate compliance date for child care facilities, family child care 
homes, and places of public accommodation. It is unprecedented for the 
Commission to promulgate a rule containing a mandatory standard that 
not only sets product performance requirements but also places 
responsibility for compliance with the rule, in part, on users or 
providers of the product in an occupational setting. We are required to 
do so in this case, however, because

[[Page 81782]]

Congress singled out cribs for special treatment in the CPSIA.
    Even though certain of the other durable infant products on which 
we will be promulgating mandatory standards may also be found in child 
care or other settings covered by section 104 of the CPSIA, it is only 
cribs failing to meet the mandatory standard that are required to be 
replaced by certain statutorily defined users and providers by a date 
to be determined by the Commission.
    Of course, manufacturers of products are accustomed to meeting 
performance standards. Our understanding is that most crib 
manufacturers have been following this rulemaking and the attendant 
ASTM voluntary standards proceedings very closely, if not participating 
in them directly. Their numbers, though, are relatively few. In 
comparison, there are an estimated 59,000 child care and family home 
care providers and an estimated 53,000 public accommodations covered by 
this rule, many of whom may be wholly unaware of its consequences.
    During this rulemaking, the issues that have been raised as part of 
the record by child care providers apply, in our view, to all users or 
providers of cribs described in sections 104(c)(2)(B) and (D) of the 
CPSIA. While we had no comments from operators of public 
accommodations, they likely will face the same difficulties as child 
care providers in complying in a timely manner with the new crib 
standard.
    For instance, the number of complying cribs that will have to be 
manufactured to meet the new standard, just for those cribs needed in 
the child care setting, is, in our estimation, at least ten times more 
than those facilities usually buy in one year (cribs, on average, are 
normally on a 10-year replacement cycle). This surge in demand is in 
addition to the cribs that will, upon this rule becoming effective, 
need to be replaced by owners or operators of public accommodations, 
who would have otherwise not necessarily done so during that period. 
Whether enough complying cribs can be made in just one year's time to 
meet this increased need, on top of the normal annual number of cribs 
required by parents, is uncertain. All crib users and providers will be 
buying from the same finite pool of new complying cribs, but certain of 
those purchasers will be doing so pursuant to the added 
responsibilities placed upon them by this rule, as required by the 
CPSIA. The expense of replacing all of their non-complying cribs will 
weigh more heavily on the less affluent providers, whether they are 
child care facilities or public accommodation facilities.
    Given these realities, and the Commission's strong desire to ensure 
implementation of the rule is consistent with the statute's goal of 
providing safer sleep environments for those children using cribs, the 
Commission believes it is prudent to take all reasonable steps to try 
to provide adequate time for there to be a sufficient supply of 
complying cribs to meet demand, and for child care facilities, family 
child care homes, and places of public accommodation to obtain 
complying cribs before the penalties that could be imposed on them for 
failure to do so become effective. Therefore, the Commission is 
establishing a compliance date for those persons of 24 months (as 
measured from the date of publication of this final rule in the Federal 
Register) for them to provide compliant cribs. This gives affected 
persons an additional 18 months beyond the effective date that was 
suggested in the proposed rule to replace their noncomplying cribs. The 
Commission will also use this time to attempt to educate all those 
individuals and entities affected of their responsibilities under the 
law so they can plan for the replacement of their cribs in an orderly 
and timely fashion.
    The Commission strongly encourages all child care facilities, 
family child care homes and public accommodation facilities to begin 
replacing their cribs with compliant cribs as quickly as the market 
allows, starting with the oldest ones first, as our experience has 
shown that the longer cribs are used, the more hazards they present to 
the children placed in them. Every day that a child is in an unsafe 
crib, or any unsafe sleep environment for that matter, puts that child 
at risk of serious injury or death. Every person who provides cribs in 
a child care setting or as part of the furnishings in a public 
accommodation has a responsibility to provide the safest possible 
environment for the children using those cribs.

I. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA'') generally requires that 
agencies review proposed rules for their potential economic impact on 
small entities, including small businesses, and prepare an initial 
regulatory flexibility analysis. 5 U.S.C. 603. The RFA further requires 
that agencies consider comments they receive on the initial regulatory 
flexibility analysis and prepare a final regulatory flexibility 
analysis describing the impact of the final rule on small entities and 
identifying alternatives that could reduce that impact. Id. 604. This 
section summarizes the staff's final regulatory flexibility analyses 
for the full-size and non-full-size crib standards, which is provided 
at Tabs A and B of the staff's briefing package.

1. Full-Size Cribs

a. The Market for Full-Size Cribs
    As mentioned in section B.2 of this preamble, CPSC staff estimates 
that there are currently 68 manufacturers or importers supplying full-
size cribs to the U.S. market. Of those that could be categorized, 10 
are domestic importers; 42 are domestic manufacturers; 7 are foreign 
manufacturers; and 2 are foreign importers. CPSC staff estimates annual 
sales of new cribs to be about 2.4 million (could be an underestimate 
if new mothers buy more than one crib). CPSC staff estimates that there 
are currently approximately 591 models of full-size cribs compared to 
approximately 81 models of non-full-size cribs. Thus, approximately 88 
percent of crib models are full-size cribs. Applying this percentage to 
the number of cribs sold annually results in a rough estimate of 2.1 
million full-size cribs sold each year.
    JPMA, the major U.S. trade association representing juvenile 
product manufacturers and importers, runs a voluntary certification 
program for several juvenile products. Approximately 30 firms (44 
percent) supply full-size cribs to the U.S. market that have been 
certified by JPMA as compliant with the ASTM voluntary standard F 1169-
09. Additionally, 15 firms claim compliance, although their products 
have not been certified by JPMA. The regulatory flexibility analysis 
assumes that the 45 firms that provide cribs that are certified to, or 
claim to be compliant with, earlier ASTM standards, will remain 
compliant with ASTM standard F 1169-10.
    As noted previously, section 104 of the CPSIA operates such that 
when the Commission's crib standards take effect, they will apply to 
retailers of both new and used full-size cribs and to child care 
facilities and places of public accommodation, such as hotels, which 
provide full-size cribs to their patrons. Based on public comments 
received from child care centers in response to the proposed rule, it 
appears that child care centers typically use a mix of full-size and 
non-full-size cribs, but primarily non-full-size cribs. However, CPSC 
staff still assumes that places of public accommodation tend to provide 
non-full-size cribs to their customers, as opposed to the more unwieldy 
full-size cribs. The number of firms that may be selling or providing 
full-size cribs is unknown, but may be drawn from

[[Page 81783]]

approximately 24,985 retail firms (at least 5,292 of which sell used 
products); 59,555 firms supplying child care services; and 53,021 
locations offering public accommodations to the public that may be 
supplying new or used full-size cribs.
b. Impact on Small Businesses
    There are approximately 68 firms currently known to be producing or 
selling full-size cribs in the United States. Based on Small Business 
Administration (SBA) guidelines, which consider a manufacturer to be 
small if it has 500 or fewer employees and an importer to be small if 
it has 100 or fewer employees, 48 of these firms (36 domestic 
manufacturers, 10 domestic importers, and 2 firms with unknown sources 
of supply) are small. There are probably additional unknown small 
manufacturers and importers operating in the U.S. market.
    According to SBA guidelines, retailers and service providers, such 
as child care centers and places of public accommodation, are 
considered small if they have $7 million or less in annual receipts. 
Approximately 93 percent of all retailers have receipts of less than $5 
million, with an additional 3 percent having receipts between $5 
million and $9.99 million. Excluding firms with receipts of between $5 
million and $7 million, yields an estimated 23,236 small retail firms. 
Some portion of these retail firms would be affected by the final rule 
because only a small percentage of these small firms actually sell 
full-size cribs. Thus, the number of small retail firms affected will 
be far fewer than 23,236. Among child care service providers, 
approximately 98 percent have receipts of less than $5 million, with an 
additional 0.9 percent having receipts between $5 million and $9.99 
million. This suggests that roughly 58,364 small child care firms (of 
59,555) could be affected.
i. Small Manufacturers
    The impact of the standard for full-size cribs on small 
manufacturers will differ based on whether their products comply with 
ASTM standard F 1169-10. Of the 36 small domestic manufacturers, 24 
produce cribs that are certified by JPMA or that they claim are in 
compliance with the voluntary standard. The impact on the 24 compliant 
firms is not expected to be significant. It seems unlikely that any of 
these products will require modification to meet the CPSC standard. 
Should any modifications be necessary, the modification would likely be 
minor (such as more effective screws or screw combinations).
    The CPSC standard could have a significant impact on one or more of 
the 12 firms that are not compliant with the voluntary standard, 
because their products might require substantial modifications. The 
costs associated with these modifications could include costs for 
product design, development and marketing staff time, and product 
testing. There may also be increased production costs, particularly if 
additional materials are required. The actual cost of such an effort is 
unknown, but could be significant, especially for the two firms that 
rely primarily or entirely on the production and sale of full-size 
cribs and related products, such as accompanying furniture and bedding, 
and for a third firm that produces only one other product. However, the 
impact of these costs may be diminished if they are treated as new 
product expenses that can be amortized.
    The scenario described above assumes that only those firms that 
produce cribs that are certified by JPMA or that claim ASTM compliance 
will pass the voluntary standard's requirements. This is not 
necessarily the case. CPSC staff has identified many cases in which 
products that are not certified by JPMA actually are compliant with the 
relevant ASTM standard. To the extent that this is true, the impact of 
the CPSC standard will be less significant than described.
ii. Small Importers
    While 4 of the 10 small importers are not compliant with the 
voluntary standard, all would need to find an alternate source of full-
size cribs if their existing supplier does not come into compliance 
with the new requirements of the CPSC standard. The cost to importers 
may increase, and they, in turn, may pass on some of those increased 
costs to their customers. Some importers may respond to the rule by 
ceasing to import cribs that do not comply. However, the impact of such 
a decision may be lessened by replacing the noncompliant crib(s) with 
complying products or other juvenile products. Deciding to import an 
alternative product would be a reasonable and realistic way to offset 
any lost revenue, given that most small importers import a variety of 
products.
iii. Small Retailers and Child Care Centers
    The CPSIA requires that all full-size cribs sold (or leased) by 
retailers or provided by child care centers to their customers comply 
with the CPSC's full-size crib rule. This means that retailers, most of 
whom are small, will need to verify that any full-size cribs in their 
inventory (that they intend to sell or lease after the effective date), 
and any that they purchase in the future, comply with the regulation 
prior to offering the cribs for sale. CPSC staff believes that most 
retailers, particularly small retailers, do not keep large inventories 
of cribs. With an effective date six months after publication of the 
final rule, retailers of new products should have sufficient 
notification and time to make this adjustment with little difficulty. 
The situation for retailers of used cribs is more complicated, however, 
because they may not always be able to determine whether the full-size 
cribs they receive comply with the new CPSC standard. For these 
affected retailers, it may be simpler to discontinue the sale of used 
full-size cribs. If cribs represent a small portion of the products 
they sell, then the impact of the rule on these firms may be limited.
    Child care centers, family child care homes, and places of public 
accommodation must provide compliant cribs for their customers. The 
rule provides a 6-month effective date with an additional 18-month 
compliance period for these entities to meet the standards. This longer 
period to comply gives them additional time to purchase and replace 
their cribs that do not comply with the final rule. Without a longer 
period for compliance, the impact on these entities would be greater, 
particularly for those that would have to replace all of their cribs at 
once.
    Based on data provided by the comments, it appears that the average 
child care center has between 4 and 45 cribs, fewer than half of which 
are likely to be full-size. Each crib costs approximately $500. 
Therefore, if 25 percent of the cribs that must be replaced are full-
size cribs, then replacement for an individual child care center could 
run from $500 to as high as $5,500. The total one-time cost to child 
care centers, the majority of which are small, of replacing all of 
their full-size cribs is estimated to be approximately $97 million 
nationwide. Providing child care centers, family child care homes, and 
places of public accommodation with 24 months to comply with the new 
crib standards will reduce the impact on these entities.
    There are additional considerations concerning the one-time costs 
child care providers face. Some costs may be passed on to customers 
through small increases in the rates child care providers charge. Child 
care providers would recoup these costs over an extended period, while 
the initial outlay for new cribs would be much more immediate. 
Additionally, as several commenters noted, child care centers

[[Page 81784]]

are limited in how much of the costs can be passed on to their 
customers. For example, one commenter stated that approximately 35 
percent of the children in their care--more than 150,000--receive some 
form of state subsidy, and another provider stated that approximately 
one-third of the children in their care receive some subsidy. Raising 
rates above what customers can bear has the potential to deprive 
families of child care or force them into alternative child care 
arrangements that may not be subject to the final rule. The latter 
possibility has the potential for safety risks in excess of those that 
currently exist in child care centers.
    Some centers could opt to replace their full-size cribs with play 
yards, which are less expensive to purchase (typically $100-$200) than 
full-size cribs, thereby spreading replacement costs over a longer 
period. While this would reduce the impact of the final rule, the 
alternative of providing play yards may be limited due to state 
licensing laws. The CPSC does not advocate the use of play yards over 
cribs, but acknowledges that the choice of play yards instead of cribs 
may be an option for some child care providers.
iv. Alternatives
    Under section 104 of the CPSIA, one alternative that could reduce 
the impact on small entities would be to make the voluntary standard 
mandatory without any modifications. Adopting the current full-size 
crib voluntary standard without any changes potentially could reduce 
costs for 12 of the 36 small manufacturers and 4 of the 10 small 
importers that are not compliant already with the voluntary standard. 
However, these firms still will require substantial product changes in 
order to meet the voluntary standard. Because the CPSC's changes add 
little to the overall burden of the rule, adopting the voluntary 
standard without any changes will not offset significantly the burden 
that is expected for these firms.
    Another way to reduce the impact on small firms would be to allow 
more time for such entities to comply with the final rule by providing 
a longer effective date for all entities. This would allow additional 
time for small manufacturers and small importers of non-compliant 
cribs. It could also alleviate inventory issues for small retailers.
    A third alternative that could reduce the impact on small firms 
would be to provide an even longer compliance period for child care 
centers, family child care homes, and places of public accommodation. 
Although this would reduce the impact on the smaller of these entities, 
it would not have any impact on small manufacturers or importers.

2. Non-Full-Size Cribs

a. The Market for Non-Full-Size Cribs
    CPSC staff estimates that there are currently at least 17 
manufacturers or importers supplying non-full-size cribs to the U.S. 
market. Five of these firms are domestic importers and 10 are domestic 
manufacturers. Insufficient information is available to determine 
whether the remaining firms are manufacturers or importers.
    Five firms supply non-full-size cribs to the U.S. market that have 
been JPMA-certified as compliant with the ASTM voluntary standard. 
Additionally, two firms claim compliance, although their products have 
not been certified by JPMA. Therefore, including the firms that claim 
compliance with the ASTM standard, five manufacturers and one importer 
have products that are ASTM compliant. Additionally, one of the firms 
with an unknown source of supply also claims compliance with the ASTM 
standard. This analysis assumes that firms that are certified or claim 
to be compliant with earlier ASTM standards will remain compliant with 
ASTM standard F 406-10a.
    As explained in the analysis concerning full-size cribs (section 
I.1.b. of this preamble), CPSC staff estimates annual sales to 
households to be about 2.4 million cribs. CPSC staff estimates that 
there are approximately 81 non-full-size crib models currently being 
supplied (versus 591 full-size crib models). Therefore, approximately 
12 percent of the crib models on the U.S. market are non-full-sized. 
Applying this to the number of cribs sold annually yields a rough 
estimate of 293,000 non-full-size cribs sold each year.
    As previously noted, section 104 of the CPSIA explicitly makes the 
crib standards applicable to retailers of both new and used non-full-
size cribs and to child care facilities and places of public 
accommodation, such as hotels that supply non-full-size cribs to their 
patrons. Based on comments received from child care centers in response 
to the proposed rule, it appears that child care centers typically use 
a mix of full-size and non-full-size cribs, with a bias in favor of 
non-full-size cribs. CPSC staff still assumes that places of public 
accommodation tend to provide their customers with non-full-size cribs 
as opposed to full-size cribs. The number of firms that may be selling 
or providing non-full-size cribs is unknown, but may be drawn from the 
approximately 24,985 retail firms (at least 5,292 of which sell used 
products), the 59,555 firms supplying child care services, and the 
53,021 locations providing public accommodations. Each of these groups 
may be supplying new or used non-full-size cribs to the public.
b. Impact on Small Businesses
    There are approximately 17 firms currently known to be producing or 
selling non-full-size cribs in the United States. Based on the SBA's 
guidelines, which consider a manufacturer to be small if it has 500 or 
fewer employees and an importer to be small if it has 100 or fewer 
employees, 14 suppliers are small firms (9 domestic manufacturers and 5 
importers). The size of the remaining firms--two with unknown supply 
sources and one domestic manufacturer--could not be determined. There 
are probably additional unknown small manufacturers and importers 
operating in the U.S. market.
    As explained in the analysis of the impact of the full-size crib 
standard, CPSC staff estimates that 23,236 retail firms would be 
considered small according to SBA's guidelines. Not all of these small 
firms sell non-full-size cribs. Thus, the number of small retail firms 
affected will be fewer than 23,236. CPSC staff estimates that using 
SBA's guidelines, there are approximately 58,364 small child care firms 
(of 59,555) and 42,437 small hotel firms (of 53,021 locations providing 
public accommodations) that could be affected by the crib standards.
i. Small Manufacturers
    The impact of the CPSC's non-full-size crib standard on small 
manufacturers will differ based on whether their products are expected 
to be compliant with ASTM standard F 406-10. Of the nine small domestic 
manufacturers, five are in compliance with the voluntary standard. The 
impact on the five compliant firms is not expected to be significant. 
It seems unlikely that any of these products will require modification 
to meet the final standard. Should any modifications be necessary, they 
would be most likely minor (such as more effective screws or screw 
combinations).
    The CPSC's final standard for non-full-size cribs could have a 
significant impact on one or more of the four firms that are not 
compliant with the voluntary standard, because their products might 
require substantial modifications. The costs associated with these 
modifications could include product design, development and marketing 
staff time, and product testing. There may also be increased

[[Page 81785]]

production costs, particularly if additional materials are required. 
The actual cost of such an effort is unknown, but could be significant, 
especially for the one firm that relies on the production and sale of 
non-full-size cribs and related products, such as accompanying 
furniture and bedding. However, the impact of these costs may be 
diminished if they are treated as new product expenses that can be 
amortized.
    The scenario described above assumes that only those firms that 
produce cribs certified by JPMA or claim ASTM compliance will pass the 
requirements of ASTM F 406-10a. This is not necessarily the case. CPSC 
staff has identified many cases in which products not certified by JPMA 
actually are compliant with the relevant ASTM standard. To the extent 
that this is true, the impact of the final rule will be less 
significant than described.
ii. Small Importers
    Although four of the five small importers are not compliant with 
the voluntary standard, all would need to find an alternate source of 
non-full-size cribs if their existing supplier does not come into 
compliance with the new requirements of the final standard. The cost to 
importers may increase and they, in turn, may pass on some of those 
increased costs to their customers. Some importers may address the rule 
requirements by ceasing to import cribs that do not comply with the new 
standard. However, the impact of such a decision may be diminished by 
replacing the noncompliant cribs with complying products or other 
juvenile products. Deciding to import an alternative product would be a 
reasonable and realistic way to offset any lost revenue, given that 
most small importers import a variety of products.
iii. Small Retailers and Child Care Centers
    The CPSIA requires that all cribs sold (or leased) by retailers or 
provided by child care centers to their customers comply with the 
CPSC's new crib standards. Thus, retailers will need to verify that any 
non-full-size cribs in their inventory (that they intend to sell or 
lease after the effective date), and that any they purchase in the 
future, comply with the regulation prior to offering the cribs for 
sale. CPSC staff believes that most retailers, particularly small 
retailers, do not keep large inventories of cribs. With an effective 
date six months after publication of the rule, retailers of new 
products should have sufficient notification and time to make this 
adjustment with little difficulty. Retailers of used cribs may have 
difficulty determining whether the cribs they receive comply with the 
new CPSC standard, and therefore, may discontinue the sale of used non-
full-size cribs. If cribs represent a small portion of the products 
they sell, then the impact of the rule on these firms may be limited.
    Child care centers, family child care homes, and places of public 
accommodation must provide compliant non-full-size cribs for their 
customers. The rule provides a 6-month effective date (as measured from 
the date of publication of this final rule in the Federal Register) 
with an additional 18 months compliance period for these entities to 
meet the standards. This longer period of time to comply with the 
standards could reduce the impact on small firms. Based on data 
provided through public comments, it appears that the average child 
care center has between 4 and 45 cribs, more than half of which are 
likely to be non-full-size. Each crib costs approximately $500. 
Therefore, if 75 percent of the cribs that must be replaced are non-
full-size cribs, then replacement for an individual child care center 
could run from $1,500 to as high as $16,500. The total one-time cost to 
child care centers, the majority of which are small, of replacing all 
of their non-full-size cribs is estimated to be approximately $290 
million nationwide. Providing child care centers, family child care 
homes, and places of public accommodation with 24 months (as measured 
from the date of publication of this final rule in the Federal 
Register) to comply with the new crib standards will reduce the impact 
on them. According to 2007 U.S. Census data, there are 53,021 
establishments providing public accommodations. Assuming that all of 
these establishments provide an average of about three non-full-size 
cribs for use by their clientele, as many as 160,000 cribs might need 
to be replaced at a cost of about $500 per crib, or approximately $80 
million. This may be an overestimate as not all places of public 
accommodation provide cribs to their customers, but some portion of 
those that do will replace those cribs when the rule becomes effective.
    As discussed in the analysis of the full-size crib standard, there 
are additional considerations concerning the one-time costs for child 
care providers. Some costs may be passed on to customers through small 
increases in the rates child care providers charge (although the 
expenditure for new cribs would be far more immediate). Child care 
centers may have limited ability to pass these costs on to their 
customers, particularly in light of the number of children in child 
care who received some form of state subsidy. Although some child care 
centers could replace their non-full-size cribs with less expensive 
play yards (typically $100-$200), this alternative may not be available 
to some child care centers if state licensing laws require use of cribs 
rather than play yards.
    Some hotels may provide a few non-full-size cribs for their 
customers. The number of cribs at any one establishment is likely to be 
low, especially because of the likelihood that parents traveling with 
young children will bring along sleep products, such as play yards or 
portable cribs, for their children. As with child care centers, this is 
a one-time cost for firms that, over time, likely can be passed on to 
customers. Firms, particularly smaller ones, may opt to reduce the 
replacement costs by ceasing to provide cribs to their customers, 
replacing only some cribs, or providing play yards instead of non-full-
size cribs. Therefore, it is unlikely that the rule will have a 
significant impact on a substantial number of firms that provide these 
cribs in places of public accommodation. The Commission believes that 
because places of public accommodation, like child care centers, will 
need to purchase compliant cribs to provide to their customers, the 
rule establishes a 24 month compliance date (as measured from the date 
of publication of this final rule in the Federal Register) for them to 
provide compliant cribs as well.
iv. Alternatives
    The same alternatives for reducing the impact of the full-size crib 
standard also apply to reducing the impact of the non-full-size crib 
standard. One alternative is to make the voluntary standard mandatory 
with no modifications. Adopting the current voluntary standard without 
any changes potentially could reduce costs for four of the nine small 
manufacturers and four of the five small importers who are not already 
compliant with the voluntary standard. However, these firms still will 
require substantial product changes in order to meet the voluntary 
standard. Since the changes add little to the overall burden of the 
rule on small manufacturers, adopting the voluntary standard with no 
changes will not offset significantly the burden that is expected for 
these firms. Adopting the voluntary standard with no modifications 
could reduce the impact on small retailers and some child care 
providers.
    Another alternative that could reduce the impact on small firms 
would be to allow more time for such entities to comply with the final 
rule by providing

[[Page 81786]]

a longer effective date for all entities that are subject to the rule. 
This would allow additional time for small manufacturers and small 
importers of non-compliant cribs. It could also alleviate inventory 
issues for small retailers. A third alternative that could reduce the 
impact on small firms would be to provide an even longer compliance 
period for child care centers, family child care homes, and places of 
public accommodation. Although this would reduce the impact on the 
smaller of these entities, it would not have any impact on small 
manufacturers or importers.

J. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion.

K. Paperwork Reduction Act

    This rule contains information collection requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Therefore, the 
preamble to the proposed rule (75 FR at 43319 through 43321) discussed 
the information collection burden of the proposed rule and specifically 
requested comments on the accuracy of our estimates. We did not receive 
any comments concerning the information collection burden of the 
proposal, and the final rule does not make any changes to that burden. 
We have applied to the U.S. Office of Management and Budget (OMB) for a 
control number for this information collection, and we will publish a 
notice in the Federal Register providing the number when the agency 
receives approval from OMB.

L. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the CPSA]'' is in effect and 
applies to a product, no state or political subdivision of a state may 
either establish or continue in effect a requirement dealing with the 
same risk of injury unless the State requirement is identical to the 
federal standard. (Section 26(c) of the CPSA also provides that states 
or political subdivisions of states may apply to the Commission for an 
exemption from this preemption under certain circumstances.) Section 
104(b) of the CPSIA refers to the rules to be issued under that section 
as ``consumer product safety rules,'' thus implying that the preemptive 
effect of section 26(a) of the CPSA would apply. Therefore, a rule 
issued under section 104 of the CPSIA will invoke the preemptive effect 
of section 26(a) of the CPSA when it becomes effective.

M. Certification

    Section 14(a) of the CPSA imposes the requirement that products 
subject to a consumer product safety rule under the CPSA, or to a 
similar rule, ban, standard, or regulation under any other act enforced 
by the Commission, be certified as complying with all applicable CPSC 
requirements. 15 U.S.C. 2063(a). Such certification must be based on a 
test of each product, or on a reasonable testing program or, for 
children's products, on tests on a sufficient number of samples by a 
third party conformity assessment body accredited by the Commission to 
test according to the applicable requirements. Section 104(b)(1)(B) of 
the CPSIA refers to standards issued under that section as ``consumer 
product safety standards.'' By the same reasoning, such standards also 
would be subject to section 14 of the CPSA. Therefore, any such 
standard would be considered a consumer product safety rule, to which 
products subject to the rule must be certified.
    Because full-size cribs and non-full-size cribs are children's 
products, they must be tested by a third party conformity assessment 
body whose accreditation has been accepted by the Commission. Elsewhere 
in this issue of the Federal Register, we have issued a notice of 
requirements to explain how laboratories can become accredited as third 
party conformity assessment bodies to test to the new crib standards. 
The Commission previously issued a notice of requirements for 
accreditation to test to the existing crib standards (16 CFR parts 1508 
and 1509) in the Federal Register of October 22, 2008 (73 FR 62965). 
(Baby cribs also must comply with all other applicable CPSC 
requirements, such as the lead content requirements of section 101 of 
the CPSIA, the phthalate content requirements in section 108 of the 
CPSIA, the tracking label requirement in section 14(a)(5) of the CPSA, 
and the consumer registration form requirements in section 104 of the 
CPSIA).

List of Subjects

16 CFR Part 1219

    Consumer protection, Incorporation by reference, Imports, Infants 
and children, Labeling, Law enforcement, Reporting and recordkeeping, 
Toys.

16 CFR Part 1220

    Consumer protection, Incorporation by reference, Imports, Infants 
and children, Labeling, Law enforcement, Reporting and recordkeeping, 
Toys.

16 CFR Part 1500

    Consumer protection, Hazardous substances, Imports, Infants and 
children, Labeling, Law enforcement, Reporting and recordkeeping, Toys.


0
Therefore, the Commission amends Title 16 CFR chapter II as follows:
0
1. Add part 1219 to read as follows:

PART 1219--SAFETY STANDARD FOR FULL-SIZE BABY CRIBS

Sec.
1219.1 Scope, compliance dates, and definitions.
1219.2 Requirements for full-size baby cribs.

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, Sec.  104, 122 Stat. 3016 (August 14, 2008).


Sec.  1219.1  Scope, compliance dates, and definitions.

    (a) Scope. This part establishes a consumer product safety standard 
for new and used full-size baby cribs.
    (b) Compliance dates. (1) Except as provided in paragraph (b)(2) of 
this section, compliance with this part 1219 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 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) Full-size baby crib means a bed that is:
    (i) Designed to provide sleeping accommodations for an infant;
    (ii) Intended for use in the home, in a child care facility, a 
family child care home, or place of public accommodation affecting 
commerce; and
    (iii) Within a range of <plus-minus> 5.1 cm (<plus-minus> 2 in.) of 
the following interior dimensions: The interior dimensions shall be 71 
<plus-minus> 1.6 cm (28 <plus-minus> \5/8\ in.) wide

[[Page 81787]]

as measured between the innermost surfaces of the crib sides and 133 
<plus-minus> 1.6 cm (52\3/8\ <plus-minus> \5/8\ in.) long as measured 
between the innermost surfaces of the crib end panels, slats, rods, or 
spindles. Both measurements are to be made at the level of the mattress 
support spring in each of its adjustable positions and no more than 5 
cm (2 in.) from the crib corner posts or from the first spindle to the 
corresponding point of the first spindle at the other end of the crib. 
If a crib has contoured or decorative spindles, in either or both of 
the sides or ends, the measurement shall be determined from the largest 
diameter of the first turned spindle within a range of 10 cm (4 in.) 
above the mattress support spring in each of its adjustable positions, 
to a corresponding point on the first spindle or innermost surface of 
the opposite side of the crib.
    (2) 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.


Sec.  1219.2  Requirements for full-size baby cribs.

    (a) Except as provided in paragraph (b) of this section, each full-
size baby crib shall comply with all applicable provisions of ASTM F 
1169-10, Standard Consumer Safety Specification for Full-Size Baby 
Cribs, approved June 1, 2010. 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. You may obtain a copy from ASTM 
International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, 
PA 19428; telephone 610-832-9585; http://www.astm.org. You may inspect 
a copy at the Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, 
telephone 301-504-7923, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Comply with the ASTM F 1169-10 standard with the following 
additions or exclusions:
    (1) Do not comply with section 6.12 of ASTM F 1169-10.
    (2) Instead of complying with section 7.7.1 of ASTM F 1169-10, 
comply with the following:
    (i) The spindle/slat static force test shall be performed with the 
spindle/slat assemblies removed from the crib and rigidly supported 
within 3 in. of each end of the upper and lower horizontal rails in a 
manner that shall not interfere with a spindle/slat deflecting under 
the applied force. For cribs incorporating foldable or moveable sides 
for purposes of easier access to the occupant, storage and/or 
transport, each side segment (portion of side separated by hinges for 
folding) shall be tested separately.
    (ii) [Reserved]

0
2. Add part 1220 to read as follows:

PART 1220--SAFETY STANDARD FOR NON-FULL-SIZE BABY CRIBS

Sec.
1220.1 Scope, compliance dates, and definitions.
1220.2 Requirements for non-full-size baby cribs.

    Authority:  The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, Sec.  104, 122 Stat. 3016 (August 14, 2008).


Sec.  1220.1  Scope, compliance dates, and definitions.

    (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.


Sec.  1220.2  Requirements for non-full-size baby cribs.

    (a) Except as provided in paragraph (b) of this section, each non-
full-size baby crib shall comply with all applicable provisions of ASTM 
F 406-10a, Standard Consumer Safety Specification for Non-Full-Size 
Baby Cribs/Play Yards, approved October 15, 2010. 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. You may obtain a copy from ASTM 
International, 100 Bar Harbor Drive, PO Box 0700,

[[Page 81788]]

West Conshohocken, PA 19428; telephone 610-832-9585; http://www.astm.org. You may inspect a copy at the Office of the Secretary, 
U.S. Consumer Product Safety Commission, Room 820, 4330 East West 
Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Comply with the ASTM F 406-10a standard with the following 
additions or exclusions:
    (1) Do not comply with sections 5.6.2 through 5.6.2.4 of ASTM F 
406-10a.
    (2) Do not comply with section 5.16.2 of ASTM F 406-10a.
    (3) Do not comply with section 6.10 of ASTM F 406-10a.
    (4) Do not comply with section 7, Performance Requirements for 
Mesh/Fabric Products, of ASTM F 406-10a.
    (5) Instead of complying with section 8.10.1 of ASTM F 406-10a, 
comply with the following:
    (i) The spindle/slat static force test shall be performed with the 
spindle/slat assemblies removed from the crib and rigidly supported 
within 3 in. of each end of the upper and lower horizontal rails in a 
manner that shall not interfere with a spindle/slat deflecting under 
the applied force. For cribs incorporating foldable or moveable sides 
for purposes of easier access to the occupant, storage and/or 
transport, each side segment (portion of side separated by hinges for 
folding) shall be tested separately.
    (ii) [Reserved]
    (6) Do not comply with sections 8.11 through 8.11.2.4 of ASTM F 
406-10a.
    (7) Do not comply with sections 8.12 through 8.12.2.2 of ASTM F 
406-10a.
    (8) Do not comply with section 8.14 through 8.14.2 of ASTM F 406-
10a.
    (9) Do not comply with sections 8.15 through 8.15.3.3 of ASTM F 
406-10a.
    (10) Do not comply with sections 8.16 through 8.16.3 of ASTM F 406-
10a.
    (11) Do not comply with section 9.3.2 through 9.3.2.4 of ASTM F 
406-10a.
    (12) Instead of complying with section 9.4.2.6 of ASTM F 406-10a, 
comply with the following warning requirement:
    (i) Child can become entrapped and die when improvised netting or 
covers are placed on top of product. Never add such items to confine 
child in product.
    (ii) [Reserved].

PART 1500 [AMENDED]

0
3. The authority citation for part 1500 is revised to read as follows:

    Authority:  15 U.S.C. 1261-1278, 122 Stat. 3016; the Consumer 
Product Safety Improvement Act of 2008, Pub. L. 110-314, Sec.  104, 
122 Stat. 3016 (August 14, 2008).

0
4. In Sec.  1500.18 remove paragraphs (a)(13) and (14).

    Dated: December 17, 2010.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010-32178 Filed 12-27-10; 8:45 am]
BILLING CODE 6355-01-P


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