43308 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules 

1The Commission voted 5–0 to approve 

publication of this proposed rule. Chairman Inez M. 

Tenenbaum, Commissioner Nancy A. Nord, 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. 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1219, 1220, and 1500 

[CPSC Docket No. CPSC–2010–0075] 

Safety Standards for Full-Size Baby 

Cribs and Non-Full-Size Baby Cribs; 

Notice of Proposed Rulemaking 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

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 

proposing 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) 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, 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. 

DATES: Written comments must be 

received by October 6, 2010. 

ADDRESSES: Comments related to the 

Paperwork Reduction Act aspects of the 

recordkeeping, marking and 

instructional literature requirements of 

the proposed rule should be directed to 

the Office of Information and Regulatory 

Affairs, OMB, Attn: CPSC Desk Officer, 

FAX: 202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. 

Other comments, identified by Docket 

No. CPSC–2010–0075, may be 

submitted by any of the following 

methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Edwards, Project Manager, 

Directorate for Engineering Sciences, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814; telephone (301) 504–7577; 

pedwards@cpsc.gov. 

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. 

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. In this document, the 

Commission proposes safety standards 

for full-size and non-full-size cribs. The 

proposed standard for full-size cribs is 

substantially the same as a voluntary 

standard developed by ASTM 

International (formerly known as the 

American Society for Testing and 

Materials), ASTM F 1169–10 Standard 

Consumer Safety Specification for FullSize Baby Cribs, but with one 

modification that strengthens the 

standard. The proposed standard for 

non-full-size cribs is substantially the 

same as ASTM F 406–10, Standard 

Consumer Safety Specification for NonFull-Size Baby Cribs, but with several 

changes that strengthen the standard. 

2. Section 104(c) of the CPSIA 

The CPSIA treats cribs differently 

than other durable infant or toddler 

products covered by section 104 of the 

CPSIA. 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 (Pub. L. 

110–314). 

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) 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-fullsize cribs, portable cribs, and crib pens. 

Thus, the crib standards will apply to 

owners and operators of child care 

facilities (including in-home child care) 

and public accommodations such as 

hotels and motels, as well as to 

manufacturers, distributors, and 

retailers of cribs. Once the standards are 

in effect, it will be unlawful to sell, 

lease or otherwise provide a crib for use 

that does not meet the standards. As 

discussed in more detail in part I below, 

the Commission recognizes the potential 

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market impact of this rule on some 

entities and invites comments on these 

issues. 

3. Existing Mandatory Regulations for 

Cribs 

In 1973, the Commission issued 

mandatory regulations for full-size cribs, 

38 FR 32129 (Nov. 21, 1973), which are 

codified at 16 CFR part 1508. The 

standard was amended in 1982, adding 

a performance requirement to address 

the hazard of crib cutouts, 47 FR 47534 

(Oct. 27, 1982). This standard has 

requirements addressing crib 

dimensions, the spacing of crib 

components, hardware, construction 

and finishing, assembly instructions, 

warning statements and marking, 

recordkeeping, and cutouts. In 1976, the 

Commission issued similar regulations 

for non-full-size cribs, 41 FR 6240 (Feb. 

12, 1976), codified at 16 CFR part 1509 

(also amended in 1982 to address 

cutouts). According to 16 CFR parts 

1508 and 1509, what principally 

distinguishes full-size 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 ± 5⁄8 inches (71 ± 1.6 centimeters) in 

width by 52 3⁄8 ± 5⁄8 inches (133 ± 1.6 

centimeters) in length. A non-full-size 

crib may be either smaller or larger than 

these dimensions. Full-size and nonfull-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 

product 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. 

The requirements of 16 CFR part 1508 

have been included in ASTM F 1169– 

10, and the requirements of 16 CFR part 

1509 have been included in ASTM F 

406–10. However, the recordkeeping 

requirements in the ASTM standards are 

expanded from the 3-year retention 

period that is 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. Also, as 

explained in part G.2 of this preamble, 

ASTM F 406–10 (for non-full-size cribs) 

places the recordkeeping provision in a 

non-mandatory appendix. The proposed 

rule would put the recordkeeping 

provision in the general requirements 

section of the non-full-size crib 

standard. 

Elsewhere in this issue of the Federal 

Register, the Commission is proposing 

to revoke the existing CPSC regulations 

for full-size and non-full-size cribs, 16 

CFR parts 1508 and 1509. As explained 

in the proposed revocation notice, the 

applicable ASTM standards include the 

requirements of 16 CFR parts 1508 and 

1509. Thus, maintaining them would be 

redundant. Revoking the existing 

regulations will allow all the cribrelated requirements to be together and 

will avoid confusion about which 

requirements apply to cribs. 

Related to the proposed revocation of 

16 CFR parts 1508 and 1509, the 

Commission is proposing to revise 16 

CFR 1500.18(a)(13) and (14). These 

provisions currently state that full-size 

cribs that do not comply with 16 CFR 

part 1508 and non-full-size cribs that do 

not comply with 16 CFR part 1509 are 

banned hazardous substances under the 

Federal Hazardous Substances Act 

(‘‘FHSA’’). This notice proposes to 

change the references in 16 CFR 

1500.18(a)(13) and (14) to refer to the 

crib standards the Commission is 

proposing. 

4. Previous Commission Activities 

Concerning Cribs 

In addition to issuing 16 CFR parts 

1508 and 1509, the Commission has 

taken other 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) (‘‘1996 ANPR’’). The 

Commission had become aware of 138 

incidents, including 12 deaths due to 

entrapment, associated with 

disengagement of crib slats that were 

reported to the Commission between 

January 1985 and September 1996. After 

issuance of the 1996 ANPR, the CPSC 

staff worked with ASTM to add a 

provision to ASTM F 1169 to address 

this hazard. Elsewhere in this issue of 

the Federal Register, the Commission is 

terminating the rulemaking it began 

with the 1996 ANPR because the slat 

disengagement hazard is addressed by 

the standards the Commission is 

proposing. 

More recently, the Commission’s 

Office of Compliance staff has been 

involved with numerous investigations 

and recalls of cribs. Since 2007, CPSC 

has issued 40 recalls of over 11 million 

cribs. All but 7 of these recalls were for 

product defects that created a 

substantial product hazard, and not for 

violations of the federal crib regulations. 

On November 25, 2008, the 

Commission published an ANPR 

discussing options to address the 

hazards which CPSC staff had identified 

in the reported crib incidents and 

recalls. The ANPR focused on drop side 

crib hardware, other hardware, 

assembly issues, and wood quality. 

Comments in response to the ANPR 

suggested that CPSC should look more 

broadly at crib safety issues to develop 

a comprehensive crib rule and seek to 

harmonize its regulations with 

international standards. Another 

comment expressed concern about the 

potential costs for small businesses that 

may sell only several hundred cribs per 

year. Several consumer groups 

supported mandating the ASTM crib 

standards and additionally 

strengthening crib regulations by such 

actions as banning drop sides, requiring 

test methods mandated by other 

standards, and strengthening 

requirements for crib hardware. The 

hazards discussed in the 2008 ANPR are 

addressed in this proposal. 

On April 22, 2009, CPSC staff held a 

public roundtable meeting concerning 

crib safety to solicit input about existing 

voluntary and mandatory standards to 

help the staff in developing crib 

standards under section 104 of the 

CPSIA. 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. Over 100 people 

attended the roundtable, including 

representatives from crib manufacturers, 

testing laboratories, consumer groups, 

other government agencies, and other 

interested stakeholders. 

B. The Products 

1. Definitions 

According to existing CPSC standards 

and the ASTM standards, a crib is a bed 

designed to provide sleeping 

accommodations for an infant. As 

discussed previously, full-size cribs 

have specific interior dimensions (28 ± 5⁄8 inches (71 ± 1.6 centimeters) in width 

by 523⁄8 ± 5⁄8 inches (133 ± 1.6 

centimeters) in length). Non-full-size 

cribs are either smaller or larger than 

full-size cribs. The category of non-fullsize 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. 

2. The Market for Full-Size Cribs 

The CPSC staff estimates that there 

are currently 68 manufacturers or 

importers supplying full-size cribs to 

the United States market. Ten of these 

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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 (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-fullsize cribs. Thus, approximately 88 

percent of crib models are full-size 

cribs. 

3. 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 United States market. Five of 

these firms are domestic importers and 

ten 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. 

4. Retailers, Child Care Facilities and 

Places of Public Accommodation 

Section 104(c) of the CPSIA explicitly 

provides that the crib standards issued 

under this section will apply to retailers 

(of both new and used cribs), child care 

facilities, and owners and operators of 

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 

definition under the CPSIA is: 

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). 

CPSC staff is unable to estimate the 

number of retailers that may sell or 

provide cribs. However, the number 

would be some subset of approximately 

24, 985 retail firms in the United States 

(at least 5, 292 of which sell used 

products). The CPSC staff estimates that 

there are approximately 59, 555 firms 

supplying day care services and 43,303 

firms providing public accommodation. 

C. Incident Data 

In November 2007, CPSC staff began 

a pilot project known as the Early 

Warning System (‘‘EWS’’) to monitor 

incident reports related to cribs. 

Between November 1, 2007 and April 

11, 2010, the Commission has 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 EWS. Data 

from EWS is not meant to provide an 

estimate of all crib-related incidents that 

have occurred during any particular 

time period. Rather, because a 

substantial number of EWS incident 

reports were assigned for follow-up 

investigation, the EWS incidents 

provide a better illustration of the 

hazard patterns associated with 

incidents involving cribs than other 

CPSC databases could. 

Of the 3,584 incidents reported 

through EWS, CPSC staff has clearly 

identified 2,395 incidents as 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 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 EWS involving 

2,395 full-size cribs and 1,125 reports 

involving cribs of an undetermined size. 

Of these 3,520 incident reports, there 

were 147 fatalities, 1,675 non-fatal 

injuries, and 1,698 non-injury incidents. 

The non-injury incidents range from 

incidents that could have potentially 

resulted in injuries or fatalities to 

general complaints or comments from 

consumers. Reporting is ongoing; the 

number of reported fatalities, non-fatal 

injuries, and non-injury incidents will 

change in the future. 

a. Fatalities 

Between November 1, 2007 and April 

11, 2010, a total of 147 fatalities 

associated with full-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, but fell into the following 

categories: 

• 62 suffocation deaths related to 

presence of soft bedding; 

• 17 asphyxiation deaths related to 

prone positioning of infant; 

• 12 strangulation deaths related to 

window blind/electrical/other cords in 

or near crib; and 

• 16 remaining deaths resulted from 

miscellaneous hazards, e.g., plastic bags 

in crib and use of nursery product 

accessories in 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. Over 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. One 

entrapment death resulted from a child 

becoming trapped between a wall and a 

crib while trying to climb out of the 

crib; there was a crib assembly problem 

that prevented the mattress support 

from being lowered sufficiently. The 

non-entrapment death resulted from a 

loose screw becoming lodged in the 

decedent’s throat. (For five fatalities, no 

information on the circumstances was 

available.) 

b. Non-Fatal 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 (including fatalities, nonfatalities, and non-injury incidents) 

involving full-size cribs (including cribs 

of undetermined size) to identify hazard 

patterns related to these incidents. CPSC 

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staff grouped these incidents into four 

broad categories: (1) Product-related; 

(2) non-product related; (3) recallrelated; and (4) miscellaneous. More 

detail is provided in the Epidemiology 

staff’s memorandum that is part of the 

CPSC staff’s briefing package available 

on the CPSC Web site at http:// 

www.cpsc.gov. 

Product-related. About 82 percent of 

the 3,520 incidents reported some sort 

of failure or defect in the product itself. 

Beginning with the most frequently 

reported concerns these included: 

• Falls from cribs accounted for 

approximately 23 percent (about 800 

reports) of the 3,520 incidents. This 

category accounts for the largest 

proportion of injuries, but no fatalities. 

• Crib drop-side-related problems, 

which include drop-side detachment, 

operation, hardware, and assembly 

issues, among others, accounted for 

about 22 percent (approximately 770 

reports) of the incidents. This category 

accounts for 12 percent of all reported 

fatalities. 

• Infants getting their limbs caught 

between the crib slats accounted for 12 

percent (about 430 reports) of the 

incidents in the EWS. No fatalities were 

reported in this category. 

• Wood-related issues were reported 

in about 12 percent (approximately 410 

reports) of all incidents in the EWS. 

This includes fractured slats, slat 

detachments, and fractured rails, among 

others. One fatality was reported in this 

category. 

• Mattress support-related problems 

were reported in about 5 percent 

(approximately 170 reports) of the 

incidents. Four fatalities were reported 

in this category. 

• Mattress fit problems were reported 

in about 3 percent (about 100 reports) of 

the incidents in the EWS. These 

problems can cause partial or full body 

entrapments in the space between 

mattress and crib side. Numerous 

bruising injuries but no fatalities were 

reported in this category. 

• Paint-related issues were reported/ 

complained of in about 2 percent 

(approximately 90 reports) of the EWS 

reports. These mostly expressed concern 

about a possible choking hazard or lead 

exposure from children chewing on 

paint chips. 

• Miscellaneous problems with the 

crib structure were reported in 3 percent 

(120 reports) of the EWS incidents. 

These included non-drop-side or drop 

gate failures, sharp catch-points, 

stability and/or other structural issues 

and included 12 fatalities. 

Non-product-related. Approximately 

10 percent (about 340 reports) of the 

3,520 incident reports were of deaths, 

injuries, or non-injury incidents that 

could not be associated with any 

product defect or failure. As previously 

noted, most fatalities in full-size cribs 

were associated with the use of soft/ 

extra bedding in the crib, prone 

positioning of the infant on the sleep 

surface, and the presence of hazardous 

surroundings in and around the crib. 

Recall-related. About 5 percent 

(approximately 180 reports) of the 3,520 

reports were related to recalled cribs. 

Most of the reports were complaints or 

inquiries from consumers regarding a 

recalled product. 

Miscellaneous. The remaining 3 

percent (about 100 reports) of the 

incidents reported a variety of 

miscellaneous problems including buginfested cribs, odor/fumes emanating 

from cribs, unexplained fatalities/ 

injuries to infants in cribs, and 

ambiguous descriptions of problems. 

There were five fatalities included in 

this category. 

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, staff included in the category of 

non-full-size cribs only those cribs 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 non-injury 

incidents. Because reporting is ongoing, 

the number of reported fatalities, nonfatal injuries, and non-injury incidents 

presented here may change in the 

future. 

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. Non-Fatal Injuries 

Among the 28 non-fatal 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, non-fatalities, and 

non-injury incidents) involving nonfull-size cribs to identify hazard patterns 

related to these incidents. The hazard 

patterns are similar to those among fullsize cribs. 

Product-related. Seventy-two percent 

of the incidents reported productrelated issues. These primarily involved 

falls from cribs, limbs becoming caught 

between slats, issues related to dropsides 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. 

Non-product-related. Nineteen 

percent of the incidents reported nonproduct-related issues. These included 

four of the six fatalities—three on 

pillows/cushions and one from prone 

positioning—and eight injuries resulting 

from the infant hitting and getting hurt 

on the crib structure while in the crib. 

Recall-related. Three percent of the 

reports were related to recalled 

products. 

Miscellaneous. The remaining 6 

percent of incidents included reports of 

such miscellaneous issues as a buginfested crib, an ambiguous description 

of an incident requiring hospitalization 

of the infant, and a fatality with very 

little information on the circumstances 

involved. 

D. Voluntary and International 

Standards 

As part of its work in developing 

standards for full-size and non-full-size 

cribs under section 104 of the CPSIA, 

CPSC staff reviewed requirements of 

existing voluntary and international 

standards related to cribs. The primary 

such 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 FullSize Baby Crib, in 1988. At that time, 

provisions included requirements for 

crib side testing, vertical impact testing, 

a mattress support system test, a test 

method for crib side latches, a plastic 

teething test and requirements for 

labeling and instructional literature. 

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ASTM F 1169 was revised in 1999 in 

response to the Commission’s 1996 

ANPR to address the integrity of slat-torail joints. The revision added a torque 

test for side spindles and increased the 

applied weight and number of cycles for 

cyclic testing. ASTM F 1169 was revised 

again in 2003 to include requirements 

addressing corner post entanglements 

and to make editorial changes. The 2007 

revision made further editorial changes. 

In 2009, the standard was revised 

significantly to include 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. The 2009 revision 

also added a new performance 

requirement for slat strength. 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, 

which is discussed in section E of this 

preamble. 

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. ASTM F 1822 covered products 

that provide sleeping accommodations 

for a child and have interior dimensions 

between 17′′ and 26′′ side and between 

35′′ and 503⁄8′′ long (excluding bassinets, 

cradles, and baskets). 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 current version of its nonfull-size crib standard, F 406–10, which 

is discussed in section E of this 

preamble. 

2. International Standards 

Health Canada’s crib standard, SOR/ 

86–969, and the European standard, EN 

716, have several performance 

requirements that have essentially been 

included in ASTM F 1169–10. These 

include the cyclic side (shake) test and 

the mattress support system vertical 

impact test (with slight modification) 

from the Canadian standard. The slat/ 

spindle strength test in ASTM F 1169– 

10 evolved from the EN 716 

requirements. However, the ASTM F 

1169–10 test is more stringent than the 

slat/spindle test in the EN standard. The 

Commission recognizes the efficiencies 

to be gained from harmonization with 

international standards but given staff’s 

conclusions that its proposed tests will 

reduce the likelihood of injury and 

death, adopts for this notice the more 

stringent tests described above. The 

Commission recognizes the potential 

market impact of this rule on some 

entities that sell in the global 

marketplace and invites comments on 

the proposed tests as well. 

E. The ASTM 2010 Crib Standards 

As noted in the previous section of 

this preamble, both ASTM F 1169 and 

ASTM F 406 have been significantly 

revised in 2009 and 2010. The 

Commission is adopting the 2010 

version of these standards with certain 

modifications discussed in section G of 

this preamble. Drawing from its 

experience with investigations and 

recalls related to cribs, from knowledge 

gained through the crib roundtable and 

ANPR comments, and from 

participation in ASTM meetings, CPSC 

staff developed a list of areas the staff 

believes should be considered in revised 

standards for full-size and non-full-size 

cribs. These areas of consideration are: 

• Drop-side hardware systems 

• Non-drop-side hardware systems 

• Mattress support issues 

• Wood screws 

• Assembly and instruction issues 

• General requirements 

• Slat integrity/wood quality 

• Paint/finish 

• Attachments 

• Slat spacing 

• Climb/fall out 

• Mattress fit 

Most of these areas are now addressed 

in ASTM F 1169–10 and ASTM F 406– 

10. To the extent that there are 

structural/design issues not adequately 

addressed by the ASTM standards, the 

Commission is proposing modifications 

to address these. This is primarily the 

case with the non-full-size crib standard 

that lacks some of the more stringent 

requirements found in the full-size crib 

standard. (These proposed 

modifications are discussed in section G 

of this preamble.) 

Some hazards that CPSC staff 

identified—such as climbing/falling out 

of cribs, mattress fit, and limb 

entrapments—are difficult to address 

through crib standards. The 

Commission intends to address these 

hazards through other means. 

Climb/fall out. With regard to the 

climb/fall out hazard, product changes, 

such as increasing the height of the crib 

sides, could create other hazards or lead 

to use of sleeping arrangements other 

than cribs (which could be more 

hazardous). A principal factor in these 

incidents is the continued use of cribs 

with children who are capable of 

climbing out of the crib. The full-size 

crib standard moved the warning about 

when to stop using a crib into a higher 

position in the list of warnings (this 

warning was already in a prominent 

position in the non-full-size crib 

standard). 

Mattress fit. With regard to the fit of 

the crib mattress, CPSC staff’s review of 

available data found no deaths or 

serious injuries related to this issue. 

(The fit of the mattress is only an issue 

with full-size cribs because non-full-size 

cribs come with a mattress that is 

required to fit with no gaps larger than 

1⁄2 inch.) However, a significant gap 

between the mattress and the crib 

structure could potentially create an 

entrapment hazard. The Commission 

believes this issue would best be 

addressed through a separate ASTM 

standard for full-size crib mattresses. 

ASTM has begun work on such a 

standard, and CPSC staff is participating 

in this development. 

Limb entrapment. With regard to limb 

entrapments between slats, no deaths 

have been associated with this hazard, 

but some fractures and bruising have 

been reported. The existing spacing 

requirement—maximum width of 23⁄8

inches (6 cm)—specified in 16 CFR 1508 

and 1509 (and maintained in ASTM F 

1169–10 and ASTM F 406–10) has been 

extremely effective in preventing 

incidents of fatal head/neck entrapment 

and strangulation. Increasing the 

spacing requirement to address the limb 

injuries could increase such fatalities, 

and decreasing the requirement could 

result in other limb entrapments of 

smaller infants or smaller body parts. 

1. ASTM F 1169–10 Standard for FullSize Baby Cribs 

ASTM F 1169–10 includes 

definitions; general requirements; 

performance requirements; specific test 

methods; and requirements for marking, 

labeling, and instructional literature. 

Definitions. The definition of full-size 

crib is the same as the current definition 

in 16 CFR part 1508. Among the other 

terms defined are ‘‘accessory,’’ ‘‘key 

structural element,’’ ‘‘mattress support 

system,’’ and ‘‘movable side.’’ 

General requirements. Several general 

requirements, such as specifications for 

interior crib dimensions and rail height, 

spacing of crib components, restrictions 

on toe holds, prohibition on hardware 

or fasteners that present mechanical 

hazards; restrictions on wood screws; 

and requirements for recordkeeping 

come from the provisions of 16 CFR part 

1508. Other general requirements 

include, but are not limited to: Paint 

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and surface coatings must comply with 

the lead paint restrictions in 16 CFR 

part 1303; small parts (as defined in 16 

CFR part 1501) are prohibited; corner 

post assemblies must not extend beyond 

0.06 inches (1.50 mm) above the upper 

edge of an end or side panel; movable 

sides are limited so that traditional drop 

sides are essentially eliminated, but 

designs that use a hinged joint that folds 

down are allowed; and in addition to 

the restrictions on wood screws that 

were already in 16 CFR part 1508, wood 

screws and other fasteners must meet 

additional requirements. 

Performance requirements. ASTM F 

1169–10 contains numerous 

performance requirements and specifies 

applicable test methods. These include: 

A requirement for spindle slat strength 

testing; mattress support system tests 

(impact and static load testing and 

openings requirements); crib side tests 

(includes crib side static and impact 

tests and a crib side spindle/slat torque 

test); a plastic teething rail test; crib side 

latch tests; dynamic structural cyclic 

(shake) tests (includes horizontal and 

vertical cyclic testing to simulate 

shaking); a component separation 

limitation (post testing); cutout testing; 

accessories entrapment testing; as well 

as providing a specified order for these 

tests. 

Marking, labeling and instructional 

literature. ASTM F 1169–10 includes 

the marking, labeling and instructional 

requirements that are currently in 16 

CFR part 1508 as well as requirements 

for warnings concerning suffocation on 

soft bedding, strangulation on strings or 

cords, and the hazard of falls from the 

crib. The ASTM standard also requires 

that instructions that are easy to read 

and understand be provided with the 

crib and that the instructions contain 

certain information and warnings. 

2. ASTM F 406–10 Standard for NonFull-Size Baby Cribs 

Like the ASTM standard for full-size 

cribs, ASTM F 406–10 includes 

definitions; general requirements; 

performance requirements; specific test 

methods; and requirements for marking, 

labeling, and instructional literature. 

Definitions. The definition of ‘‘nonfull-size crib’’ is the same as that in 16 

CFR part 1509. Although ASTM 406–10 

includes play yards within its scope, 

and the standard provides a definition 

of play yard, the Commission is not 

including play yards in its proposed 

non-full-size crib standard. (ASTM F 

406–10 defines a ‘‘play yard’’ 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.’’) The 

Commission will be developing a 

separate standard for play yards in the 

near future. 

General requirements. For the ASTM 

non-full-size crib standard, general 

requirements include: Restrictions on 

corner post assemblies (must not extend 

beyond 0.06 inches (1.50 mm) above the 

upper edge of an end or side panel); 

requirements that cribs meet CPSC 

provisions concerning sharp points and 

edges, small parts, lead paint, and 

flammable solids; restrictions 

concerning scissoring, shearing and 

pinching; toy accessory requirements; 

requirements for latching and locking 

mechanisms; and restrictions on 

openings. The standard also contains 

requirements concerning protective 

components, labeling, stability, cord/ 

strap length, coil springs, entrapment in 

accessories, and for mattresses which 

must be provided with non-full-size 

cribs. 

Performance and test method 

requirements. The non-full-size crib 

standard provides performance 

requirements, including a requirement 

for crib side height (including a 

limitation on crib side configurations 

that essentially bans traditional drop 

sides); hardware requirements 

(including requirements for fasteners 

and wood screws); construction and 

finishing requirements; spindle/slat 

strength testing; mattress support 

system testing (including vertical 

impact and static load testing); crib side 

tests (includes static and impact tests); 

a plastic teething rail test; foldable side 

or end latch tests; and dynamic 

structural cyclic (shake) tests (includes 

horizontal and vertical cyclic testing to 

simulate shaking). 

Marking, labeling and instructions. 

ASTM F 406–10 has requirements for 

marking, labeling and instructions that 

are similar to the requirements for fullsize cribs. However, the standard 

contains additional provisions for 

warning statements addressing hazards 

posed by cribs that are likely to be 

moved around often. 

F. Assessment of Voluntary Standards 

ASTM F 1169–10 and ASTM F 406–10 

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. Full-Size Crib Standard; 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 

Commission is proposing one 

modification, discussed in section G.1 

of this preamble, to strengthen the 

ASTM standard. This section 

summarizes how the provisions of 

ASTM F 1169–10 address the principal 

crib-related hazards CPC staff has 

identified. 

Moveable side (drop-side) 

requirements. A review of the incident 

data indicates that 18 of 35 fatalities 

attributable to structural failures of cribs 

were related to drop-side failures. The 

fatalities occurred when gaps were 

created when the corner of the drop side 

dislocated or disengaged from the crib 

end. ASTM F 1169–10 addresses this 

type of hazard 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). 

Structural integrity requirements 

(including non-drop-side hardware). 

CPSC staff attributed 12 of the 35 

fatalities to problems with non-dropside hardware and poor structural 

integrity. Many of these incidents 

occurred when screws or inserts 

loosened over time causing primary crib 

elements, such as crib side rails and 

ends, to separate and create an 

entrapment hazard. ASTM F 1169–10 

addresses this type of hazard through 

requirements for screw fasteners, 

locking components, and the cyclic side 

(shake) test. 

Screw fastener and locking feature 

requirements. Loosening of wood screw 

and other fasteners has also led to crib 

incidents. ASTM F 1169–10 includes 

the wood screw requirements of 16 CFR 

1508 and also: Restricts the use of wood 

screws as primary fasteners; prohibits 

use of wood screws in structural 

elements that a consumer would need to 

assemble; and adds stricter 

requirements for the use of threaded 

metal inserts and other metal threaded 

fasteners. 

Alternating horizontal and vertical 

cyclic side (shake) test. Among the 

incidents reported through EWS, were 

problems with the structural integrity of 

cribs, and hardware issues. The cyclic 

side (shake) test—which simulates a 

child’s lifetime shaking of the crib— 

should address the types of incidents 

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related to loosened joints, detached 

sides and overall poor structural 

integrity. 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. 

Mattress support vertical impact test. 

Among the EWS incidents were 3 

deaths due to entrapments between a 

mattress support and a crib structure 

and 168 reported non-fatal incidents 

related to mattress support structural 

failures. ASTM F 1169–10 includes a 

mattress impact cyclic test developed by 

Health Canada. This test 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. 

Crib side vertical impact test. 

Although a provision was added to the 

ASTM F 1169 standard in 1999 to 

require testing of crib side spindles and 

slats, some incidents involving crib slat 

disengagement (which can result in 

entrapment) have continued to occur. 

ASTM F 1169–10 strengthens that 

testing requirement 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). 

Slat/spindle strength test. CPSC staff 

identified 1 death and 219 non-fatal 

incidents that were related to fractures 

of the crib slats or rails. Broken or 

dislocated slats can cause a gap of 

approximately 5 inches that can result 

in entrapment. The 2009 version of the 

ASTM standard required testing slat 

strength at 56.2 pounds. Based on 

testing and evaluations by the 

Commission’s Engineering staff, ASTM 

F 1169–10 makes this test more 

stringent by requiring a set number of 

slats to withstand an 80-pound load. 

Mis-assembly issues. ASTM F 1169– 

10 includes a requirement that 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.’’ This new 

requirement will address incidents 

where mis-assembly has been found to 

be a contributing factor. 

Order of testing. ASTM F 1169–10 

specifies the order in which all 

performance tests must be conducted: 

1. Teething rail test 

2. Cyclic side (shake) test 

3. Crib side latch test 

4. Mattress support system vertical 

impact test 

5. Mattress support system static test 

6. Crib side vertical impact test 

7. Slat/spindle strength test 

This order requires that the least 

stringent test be performed first, and for 

the testing order to continue in 

increasing stringency. This order also 

means that testing begins with a 

disassembled crib for the teething rail 

test, and the crib is assembled for the 

tests up to the slat/spindle strength test 

which is conducted on disassembled 

side rails. 

CPSC staff believes that the 

combination of the cyclic side test 

(simulating a child standing and 

shaking the top of a side rail), mattress 

support system vertical impact test 

(child jumping), side rail impact test 

(child climbing outside of rail), and the 

slat/spindle strength tests (child and/or 

sibling falling against or kicking slats) 

together comprise a laboratory 

simulation of a lifetime of use. Each test 

represents a specific aspect of one life 

cycle. CPSC staff believes that the new 

requirements in ASTM F 1169–10 are a 

significant improvement to the previous 

standards and should result in more 

robust cribs. 

3. Non-Full-Size Crib Standard; ASTM F 

406–10 

The Commission believes that the 

provisions of ASTM F 406–10, with the 

modifications it proposes, are effective 

to reduce the risk of injury associated 

with non-full-size cribs. The 

Commission is proposing four 

modifications and two editorial 

changes, discussed in section G.2 of this 

preamble, to strengthen the ASTM 

standard. This section summarizes how 

the provisions of ASTM F 406–10 

address the principal crib-related 

hazards CPSC staff has identified. 

Wood screws and other fasteners. The 

loosening of wood screws and other 

fasteners has been involved in crib 

incidents leading to structural problems 

and entrapment. ASTM F 406–10 

addresses this hazard through 

requirements that are identical to those 

in ASTM F 1169–10. 

Alternating horizontal and vertical 

cyclic side test (shake test). ASTM F 

406–10 contains the same cyclic for crib 

sides test that simulates a child’s 

shaking the crib as is provided in ASTM 

F 1169–10. 

Spindle/slat testing. The spindle/slat 

performance test in ASTM F 406–10 is 

identical to the one in ASTM F 1169– 

10. 

Mis-assembly issues. This provision 

concerning mis-assembly is identical to 

the one in ASTM F 1169–10. 

Movable side (drop-side) 

requirements. Similar to the ASTM 

standard for full-size cribs, ASTM F 

406–10 contains requirements that 

restrict moveable sides, and have the 

effect of eliminating traditional drop 

sides. 

G. Description of Proposed Changes to 

ASTM Standards 

CPSC staff has evaluated ASTM F 

1169–10 and ASTM F 406–10 to 

determine the adequacy of these 

standards and any modification that 

might be needed to strengthen them. 

Based on this assessment and 

consultations with others, the 

Commission proposes a consumer 

product safety standard for full-size 

cribs that incorporates by reference 

ASTM F 1169–10 with one modification 

described in this section and proposes 

a consumer product safety standard for 

non-full-size cribs that incorporates by 

reference ASTM F 406–10 with the four 

modifications and two editorial changes 

described in this section. 

To best understand the proposed 

standards it is helpful to view the 

current ASTM standards for full-size 

cribs and non-full-size cribs at the same 

time as the Commission’s proposed 

modifications. The ASTM crib 

standards are available for viewing for 

this purpose during the comment period 

through this link: http://www.astm.org/ 

cpsc.htm. 

1. Proposed Change to the Full-Size Crib 

Standard (ASTM F 1169–10) 

The Commission is proposing one 

modification to ASTM F 1169–10. 

ASTM F 1169–10 allows retightening of 

screws between the crib side latch test 

and mattress support vertical impact 

tests. Industry representatives have 

argued that this allowance is needed 

because they believe the cyclic side 

‘‘shake’’ test will loosen fasteners, which 

may cause a crib to fail some 

performance requirements in 

subsequent tests. ASTM F 1169–10 

defines failure as key components 

separating by 0.04 inch (1.0 mm), 

typically 1–11⁄2 turns of a fastener. 

CPSC staff believes that the 

combination of performance tests in 

ASTM F 1169–10 comprise a laboratory 

simulation of a lifetime of use, and only 

as a combined whole, functioning 

together, is this simulation 

accomplished. Retightening fasteners 

would sever the chain of accumulated 

conditioning effects. CPSC staff does not 

believe that performing the sequence of 

tests without retightening fasteners is an 

overly restrictive test. The Canadian 

standard does not allow for any 

retightening of fasteners while a crib is 

tested. According to representatives 

from Health Canada, this has not been 

a problem for the vast majority of cribs 

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tested to the Canadian standard. The 

CPSC staff is aware of at least ten fatal 

incidents in which loose screws have 

contributed to the death of a child. 

Loosened hardware can lead to gaps in 

which the child can become entrapped. 

Thus, it is important for fasteners to 

remain secure during the useful life of 

the crib. 

2. Proposed Changes to the Non-FullSize Crib Standard (ASTM F 406–10) 

The Commission is proposing four 

modifications and two editorial changes 

to ASTM F 406–10. These changes are 

necessary to adequately address the risk 

of injury posed by non-full-size cribs. 

The proposed changes will make the 

non-full-size crib standard more 

consistent with the standard for full-size 

cribs. 

Mattress support system cyclic impact 

test. The Commission proposes to 

replace the mattress support 

performance requirement in ASTM F 

406–10 with the test requirement 

developed by Health Canada that is in 

the full-size crib standard, ASTM F 

1169–10. At its May 12, 2010 meeting, 

the ASTM subcommittee for the F 406 

standard reviewed this mattress support 

impact test for inclusion in ASTM F 

406–10 and is expected to vote on it at 

the next subcommittee meeting. This 

change is needed to address mattress 

support hardware and related structural 

integrity hazards. 

Crib side tests. The side impact test in 

ASTM F 406–10 is less stringent than 

the side impact test included in the 

standard for full-size cribs, ASTM F 

1169–10 which was revised in 1999 

after the Commission’s 1996 ANPR 

concerning crib slat disengagements. 

However, the same revision was never 

made to the non-full-size crib standard. 

The Commission proposes to change the 

side impact test in the non-full-size crib 

standard to make it identical to the 

requirements in ASTM F 1169–10. This 

includes increasing the weight and 

number of cycles for the impact testing, 

and adding the spindle/slat torque test 

which involves twisting each slat after 

the side rail impact test to determine 

whether the side rail impact test has 

weakened the spindle/slat-to-rail joints 

which could create an entrapment 

hazard. The full-size crib standard 

includes this test, and the Commission 

proposes adding the same test to the 

non-full-size crib standard. 

Movable side latch tests. These tests 

had been part of all the previous 

versions of ASTM F 406 and were called 

the ‘‘Vertical Drop-Side Latch Tests.’’ 

They were removed during the 

development of F 406–10 in connection 

with the new limitation on movable 

sides. However, movable sides using 

other methods than a traditional dropside are still permitted. Thus, the 

Commission believes the tests are still 

necessary. The Commission proposes to 

restore the requirement and rename it 

‘‘movable side latch tests.’’ 

Order of structural tests. ASTM F 

406–10 does not specify the order in 

which tests must be performed for nonfull-size cribs. As discussed in section 

F.2 above, however, ASTM F 1169–10 

does specify the test order for full-size 

cribs. The Commission proposes to 

specify the same testing order for nonfull-size cribs. 

Editorial change to limit standard to 

non-full-size cribs. ASTM F 406–10 

covers play yards as well as non-fullsize cribs and thus includes specific 

requirements for mesh/fabric sided 

products. In the future, the Commission 

will establish a separate standard for 

play yards under the process established 

by section 104 of the CPSIA. The 

Commission proposes changes to clarify 

that its standard covers only non-fullsize cribs, removing provisions that 

apply only to mesh/fabric sided 

products. 

Editorial change to place 

recordkeeping provision in general 

requirements. ASTM F 406–10 contains 

a recordkeeping provision that is nearly 

identical to that in 16 CFR part 1509 

(the ASTM provision requires record 

retention for 6 years, whereas 16 CFR 

part 1509 requires that records be 

maintained for 3 years). This 

recordkeeping provision is in the nonmandatory appendix of ASTM F 406– 

10. The Commission’s proposal places 

this requirement in the general 

requirements section (which is the 

location of the recordkeeping provision 

in ASTM F 1169–10 for full-size cribs). 

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. 

Id. 553(d). To allow time for cribs to 

come into compliance, the Commission 

proposes that the standard would 

become effective 6 months after 

publication of a final rule. This is 

consistent with other standards the 

Commission has proposed under section 

104 of the CPSIA. The Commission 

invites comments regarding the 

sufficiency of a six-month effective date 

for the crib standards. 

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. 5 U.S.C. 603 

1. Full-Size Cribs 

a. The Market for Full-Size Cribs 

As mentioned above, CPSC staff is 

currently aware of 68 manufacturers or 

importers supplying full-size cribs to 

the United States (‘‘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). 

The Juvenile Products Manufacturers 

Association (‘‘JPMA’’), the major U.S. 

trade association that represents 

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 

complying with the ASTM voluntary 

standard. Additionally, 15 firms claim 

compliance, although their products 

have not been certified by JPMA. It is 

assumed throughout this summary that 

the 45 firms that are certified or claim 

to be compliant with earlier ASTM 

standards will remain compliant with 

the 2010 version of the ASTM F 1169– 

10. 

According to a 2005 survey conducted 

by the American Baby Group (2006 

Baby Products Tracking Study), 90 

percent of new mothers own cribs. 

Approximately 36 percent of wood cribs 

and 50 percent of metal cribs were 

handed down or purchased secondhand. Using an average weighted by the 

ownership of each type of crib (83 

percent for wood and 7 percent for 

metal), CPSC staff estimates that 

approximately 37 percent of all cribs 

were handed down or purchased 

second-hand. Thus about 63 percent of 

cribs were acquired new. This suggests 

annual sales of about 2.4 million cribs 

to households (.63 × .9 × 4.3 million 

births per year). To the extent that new 

mothers own more than one crib, annual 

sales may be underestimated. Based on 

a review of the United States market, it 

appears that there are approximately 

591 full-size crib models and 81 nonfull-size crib models currently being 

supplied. Therefore, approximately 88 

percent of the crib models on the U.S. 

market are full-sized. Applying this 

percentage to the number of cribs sold 

annually, yields an estimate of 2.1 

million full-size cribs sold annually. 

However, this is a rough estimate, since 

the percentage of full-size crib models 

on the market does not necessarily 

correlate directly to sales. 

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As noted, section 104 of the CPSIA 

explicitly mentions retailers of both new 

and used full-size cribs (child care 

facilities and places of public 

accommodation are discussed in the 

section of this analysis concerning nonfull-size cribs). The number of firms that 

may be selling or providing full-size 

cribs is unknown, but may be drawn 

from approximately 24,985 retail firms 

(at least 5,292 of which sell used 

products), that may be supplying new or 

used full-size cribs to the public. The 

number of affected retailers will be 

smaller since not all retailers sell fullsize cribs. 

The Commission is particularly 

interested in whether this analysis can 

be enhanced with additional data 

submitted through the comment period. 

Accordingly, we ask for comments on 

the market for full-sized cribs, the 

amount of existing inventory and the 

time it will take to manufacture 

sufficient compliant inventory to meet 

current market demand and additional 

demand created by the need to replace 

non-compliant cribs in hotels, day care 

centers and other places where cribs are 

provided for use. 

b. Compliance Requirements of the 

Proposal for Full-Size Cribs 

The proposed standard for full-size 

cribs is nearly identical to ASTM F 

1169–10 with the one modification of 

not allowing screws to be retightened 

between the crib side latch test and the 

mattress support vertical test. Based on 

testing results from Health Canada for 

the shake test, it appears that only the 

most poorly constructed cribs will fail 

when their screws are not retightened 

during testing. Initial follow-up testing 

by CPSC staff found that allowing 

retightening over the entire series of 

tests could result in this very dangerous 

hazard going undetected during testing. 

The incidence of failure during testing 

when screws are not retightened may be 

lower under ASTM F 1169–10, due to 

new requirements that will require that 

crib hardware include a locking device 

or other method to impede loosening. 

Based on this information, it appears 

that few, if any, firms will need to use 

better screw mechanisms or redesign 

their products to comply with the 

modification. 

c. Impact of the Proposal Concerning 

Full-Size Cribs on Small Business 

Under Small Business Administration 

(‘‘SBA’’) guidelines, a manufacturer of 

full-size cribs is small if it has 500 or 

fewer employees, and an importer is 

considered small if it has 100 or fewer 

employees. Based on these guidelines, 

of the 68 firms currently known to be 

producing or selling full-size cribs in 

the United States, 48 are small (36 

domestic manufacturers, 10 domestic 

importers, and 2 firms with unknown 

sources of supply). There are also 

probably additional unknown small 

manufacturers and importers operating 

in the U.S. market. 

According to the SBA, retailers are 

considered small if they have $7 million 

or less in annual receipts. 

Approximately 93 percent of 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 

between $5 million and $7 million 

yields an estimate of 23,236 small retail 

firms that may potentially be affected by 

the proposed standard. However, only a 

small percentage of these small firms 

actually sell full-size cribs. Thus, the 

number of small retail firms affected 

will be much smaller than 23,236. 

i. Impact on Small Manufacturers 

The impact of the proposed standard 

on small manufacturers will differ based 

on whether they currently comply with 

ASTM F 1169–10. Of the 36 small 

domestic manufacturers, 24 produce 

cribs that are certified by JPMA or claim 

to be 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 proposed standard. Should 

any be necessary, it would most likely 

take the form of a few minor changes 

(such as more effective screws or screw 

combinations). 

The proposed standard could have a 

significant impact on one or more of the 

12 firms that are not compliant with the 

ASTM F 1169–10, as 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 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 a third firm that produces only one 

other product. However, the impact of 

these costs may be mitigated if they are 

treated as new product expenses that 

can be amortized over time. 

This analysis assumes that only those 

firms that produce cribs 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 where products not certified by 

JPMA actually comply with the relevant 

ASTM standard. To the extent that this 

is true, the impact of the proposed 

standard will be less significant than 

described. 

ii. Small Importers of Full-Size Cribs 

While four of the ten small importers 

do not comply with the ASTM 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 requirement of the 

proposed standard. The cost to 

importers may increase and they may, 

in turn, pass some of those increased 

costs on to consumers. Some importers 

may respond to the rule by 

discontinuing the import of their noncomplying cribs. However, the impact of 

such a decision may be mitigated by 

replacing the non-compliant crib with a 

complying product or another juvenile 

product. Deciding to import an 

alternative product would be a 

reasonable and realistic way to offset 

any lost revenue given that most import 

a variety of products. 

iii. Small Retailers of Full-Size Cribs 

The CPSIA requires that all full-size 

cribs sold by retailers comply with the 

full-size crib rule by the effective date 

of the final standard. This means that 

retailers, most of whom are small, will 

need to verify that any full-size cribs in 

their inventory and any that they 

purchase in the future comply with the 

regulation prior to offering them 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 

time and notification 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 are compliant. For the 

affected retailers, it may be simpler to 

discontinue the sale of used full-size 

cribs. However, if cribs represent a 

small proportion of the products they 

sell, the impact on these firms may be 

limited. 

iv. Alternatives 

Under section 104 of the CPSIA, the 

primary alternative that would reduce 

the impact on small entities is to make 

the voluntary standard mandatory with 

no modifications. Adopting the current 

voluntary standard without any changes 

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could potentially reduce costs for 12 of 

the 36 small manufacturers and 4 of the 

10 small importers who are not already 

compliant with the voluntary standard. 

However, these firms will still require 

substantial product changes in order to 

meet the voluntary standard. Since the 

Commission’s change adds little to the 

overall burden of the proposed rule, 

adopting the voluntary standard with no 

changes will not significantly offset the 

burden that is expected for these firms. 

Additionally, adopting the voluntary 

standard with no modifications would 

be unlikely to significantly reduce the 

impact on small retailers. The primary 

effect for these retailers (which in most 

cases should be small) stems from 

replacing existing inventory with 

complying product. The proposed 

changes to the voluntary standard 

should not significantly affect such 

replacement costs. 

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 United States market (5 are 

domestic importers, 10 are domestic 

manufacturers, and insufficient 

information is available to determine 

whether the remaining firms are 

manufacturers or importers). As 

mentioned above, CPSC staff estimates 

that there are approximately 2.4 million 

cribs sold to households annually. Of 

these, approximately 293,000 are nonfull-size cribs. 

Five firms that supply non-full-size 

cribs to the U.S. market provide cribs 

that have been certified by JPMA as 

complying 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, one 

importer, and one of the firms with an 

unknown source of supply, have 

products that are ASTM compliant. It is 

assumed throughout this summary that 

firms that are certified or claim to be 

compliant with earlier versions of the 

ASTM standard will remain compliant 

with ASTM F 406–10. 

As explained in the analysis 

concerning full-size cribs (section I.1.a 

of this preamble), CPSC staff estimates 

annual sales of all cribs 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 nonfull-size cribs sold annually. 

In addition to manufacturers and 

importers of new non-full-size cribs, 

section 104 of the CPSIA explicitly 

applies to retailers of both new and used 

non-full-size cribs, as well as child care 

facilities and places of public 

accommodation, such as hotels that 

supply non-full-size cribs for use by 

their patrons. The number of firms that 

may be selling or providing new or used 

non-full-size cribs to the public is 

unknown, but would be drawn from 

approximately 24,985 retail firms (at 

least 5,292 of which sell used products), 

59,555 firms supplying day care 

services, and 43,303 firms providing 

public accommodation. 

b. Compliance Requirements of the 

Proposal for Non-Full-Size Cribs 

The proposed standard for non-fullsize cribs would adopt the requirements 

of ASTM F 406–10 with certain 

modifications. The proposed standard 

would add the following requirements: 

(1) Mattress support system cyclic 

impact test (as in ASTM F 1169–10); 

(2) side impact test (as in ASTM F 

1169–10); (3) movable side latch tests 

(as in previous versions of ASTM F 

406); and (4) a specific order for the 

structural tests (as in ASTM F 1169–10). 

The proposed standard would apply 

only to non-full-size cribs, and not to 

play yards. 

To address known hazards associated 

with mattress support hardware and 

structural integrity, CPSC staff 

recommends modifying the mattress 

support performance requirement to 

match the one that is being included in 

the 2010 ASTM standard for full-size 

cribs. CPSC staff believes that many 

firms will need to modify their non-fullsize cribs (both compliant and noncompliant) in order to meet this 

proposed requirement. For most, this 

would require a stronger mattress 

support system, perhaps using 

additional or thicker materials. The cost 

of this modification is unknown, but 

unlikely to represent a significant 

proportion of the end product price. 

Alternatively, it is possible that some 

firms may choose to redesign their 

product to meet this requirement. 

The side impact test will harmonize 

the requirement in the non-full-size crib 

standard with that in the full-size crib 

standard. CPSC staff does not believe 

that many firms will need to modify 

their products to comply with this 

requirement. In fact, the incidence of 

failure may be lower under ASTM F 

1169–10, due to new requirements that 

will require that crib hardware include 

a locking device or other method to 

impede loosening. Any changes that 

may be required would most likely 

entail better/stronger attachments of 

slats to the bottom rails (e.g., more glue 

or added staples). Therefore, this 

requirement is not expected to impose 

a significant burden upon firms, given 

the relatively low cost of the required 

modifications. However, it is possible 

that some firms may choose to redesign 

their products to address this 

requirement. 

Reinserting the movable side latch 

tests is considered important, given that 

it was unintentionally removed from 

ASTM F 406–10. However, it is unlikely 

that firms previously compliant with 

ASTM F 406 made modifications to 

their products in order to cease to 

comply with a superseded requirement. 

Therefore, CPSC staff assumes that any 

supplier of ASTM compliant non-fullsize cribs will already meet this 

requirement. In fact, CPSC staff does not 

believe that there are currently any nonfull-size cribs on the market that will 

require modifications to meet this 

standard. However, if a firm’s non-fullsize cribs do not comply, they would 

most likely require stronger, more 

effective latching mechanisms. These 

types of modifications tend to be 

inexpensive and do not require product 

redesign. 

It is possible that specifying the order 

of testing could have an impact on the 

test results. To date, however, CPSC 

staff has not identified any products that 

fail testing due to test order. In fact, 

CPSC staff believes that once products 

meet the 2010 ASTM standard and the 

additional requirements of the proposed 

rule, that most suppliers will be able to 

comply without making any product 

modifications. Therefore, CPSC staff 

believes that the impact of this proposed 

modification will be small. Should 

modifications be required to comply, 

however, product redesign seems likely. 

c. Impact of the Proposal Concerning 

Non-Full-Size Cribs on Small Business 

There are approximately 17 firms 

currently known to be producing or 

importing non-full-size cribs in the 

United States. Under SBA guidelines, a 

manufacturer of non-full-size cribs is 

small if it has 500 or fewer employees 

and an importer is considered small if 

it has 100 or fewer employees. Based on 

these guidelines, 14 are small firms— 

consisting of 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 also probably 

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43318 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules 

additional unknown small 

manufacturers and importers operating 

in the U.S. market. 

According to the SBA, retailers and 

services such as day care centers and 

public accommodations are considered 

small if they have $7 million or less in 

annual receipts. Approximately 93 

percent of 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 between $5 million 

and $7 million yields an estimate of 

23,236 small retail firms that may 

potentially be affected by the proposed 

standard. However, it is important to 

note that only a small percentage of 

these small firms actually sell non-fullsize cribs. Thus, the number of small 

retail firms affected will be much 

smaller than 23,236. Among day care 

service and accommodation 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 there are roughly 

58,364 small day care firms (of 59,555) 

and 42,437 small hotel firms (of 43,303) 

that could be affected. 

i. Impact on Small Manufacturers 

The impact of the proposed standard 

on small manufacturers will differ based 

on whether their non-full-size cribs are 

expected to comply with ASTM 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. While it is 

possible that some manufacturers might 

opt to redesign their product(s) to meet 

the proposed requirements, it is more 

likely that they will make a few minor 

changes (such as different hardware or 

stronger materials for the mattress 

support system). None of the expected 

modifications are expected to impact 

manufacturers’ costs significantly, or to 

significantly increase the price paid by 

consumers. 

The proposed standard could have a 

significant impact on one or more of the 

four firms that are not complying with 

the ASTM standard, as 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 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 mitigated if they are 

treated as new product expenses that 

can be amortized over time. 

The analysis assumes that only those 

firms that provide cribs that are certified 

by JPMA or claim ASTM compliance 

will pass ASTM F 406–10’s 

requirements. This is not necessarily the 

case. CPSC staff has identified many 

cases where products not certified by 

JPMA actually comply with the relevant 

ASTM standard. To the extent that this 

is true, the impact of the proposed 

standard will be less significant than 

described. 

ii. Small Importers of Non-Full-Size 

Cribs 

While four of the five small importers 

are not compliant with the ASTM 

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 proposed standard. 

The cost to importers may increase and 

they may, in turn, pass some of those 

increased costs on to consumers. Some 

importers may respond to the rule by 

discontinuing the import of their noncomplying cribs. However, the impact of 

such a decision may be mitigated by 

replacing the non-compliant crib with a 

complying product or another juvenile 

product. Deciding to import an 

alternative product would be a 

reasonable and realistic way to offset 

any lost revenue given that most import 

a variety of products. 

iii. Small Retailers, Day Care Centers, 

and Public Accommodations 

The CPSIA requires that all non-fullsize cribs sold or leased by retailers or 

provided by day care centers or public 

accommodations (e.g., hotels) to their 

customers comply with the crib 

standards by the effective date of the 

final standard. 

This means that retailers, most of 

whom are small, will need to verify that 

any non-full-size cribs in their inventory 

and any that they purchase in the future 

comply with the regulation prior to 

offering them for sale or lease. 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 a final rule, retailers of 

new products should have sufficient 

time and notification to make this 

adjustment with little difficulty. The 

situation for retailers and other 

suppliers of used cribs, such as day care 

centers and smaller places of public 

accommodation, is more complicated, 

however, because they may not always 

be able to determine whether the nonfull-size cribs they receive are 

compliant. For the affected parties, it 

may be simpler to discontinue the sale 

of used non-full-size cribs. However, if 

cribs represent a small proportion of the 

products they sell, the impact on these 

firms may be limited. 

Day care centers will need to replace 

all of their cribs by the standard’s 

effective date. Since a new ASTM 

standard (F 406–10) will be published 

before the final CPSC regulation is 

published, these firms might not 

upgrade their existing non-full-size cribs 

until they are assured that the cribs they 

purchase will comply with the 

forthcoming regulation. The impact 

could be significant on some small day 

care centers if they had to replace their 

cribs all at once. However, these are 

one-time costs that may be passed on to 

customers over time, which could 

mitigate, to some extent, the rule’s 

potential burden. Additionally, some 

centers might opt to replace their nonfull-size cribs with play yards, thereby 

spreading replacement costs over a 

longer period of time, which would 

reduce the impact. 

Some hotels (or similar places of 

public accommodation) might keep a 

few non-full-size cribs available for use 

by customers. The number at any one 

establishment is likely to be low, 

especially given the likelihood of 

parents with young children traveling 

with their own sleep products, such as 

play yards or portable cribs. As with day 

care centers, this is a one-time cost for 

firms that can be passed on to customers 

over time. Firms, particularly smaller 

firms, might opt to mitigate the costs by 

ceasing to provide cribs to their 

customers, or purchasing fewer 

replacement cribs. Therefore, it is 

unlikely that there will be a significant 

impact on a substantial number of firms 

providing public accommodation. 

iv. Alternatives 

Under section 104 of the CPSIA, one 

alternative that would reduce the 

impact on small entities is to make the 

voluntary standard mandatory with no 

modifications. Adopting ASTM F 406– 

10 without any changes could 

potentially 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 will still 

require substantial product changes in 

order to meet the voluntary standard. 

Since the proposed changes add little to 

the overall burden of the proposed 

standard, adopting the voluntary 

standard with no changes will not 

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2The numbers in parentheses represent 

additional burdens on some firms that will require 

label modifications. 

significantly offset the burden that is 

expected for these firms. Additionally, 

adopting the voluntary standard with no 

modifications would be unlikely to 

significantly reduce the impact on small 

retailers, day care centers, suppliers of 

public accommodations. The primary 

effect on these entities (which in most 

cases should be small) stems from 

replacing existing inventory with 

complying cribs. The proposed changes 

to the voluntary standard should not 

significantly affect such replacement 

costs. 

The impact on retailers and hotels (or 

other places of public accommodation) 

is not expected to be significant, but 

there could be a significant impact on 

some small day care firms. One way to 

reduce this impact would be to set a 

later effective date. This would allow 

these firms to spread the cost of nonfull-size crib replacement over a longer 

period of time. 

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 as they 

‘‘have little or no potential for affecting 

the human environment.’’ 16 CFR 

1021.5(c)(2). This proposed rule falls 

within the categorical exclusion. 

K. Paperwork Reduction Act 

This proposed rule contains 

information collection requirements that 

are subject to public comment and 

review by the Office of Management and 

Budget (‘‘OMB’’) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). We describe the provisions in 

this section of the document with an 

estimate of the annual reporting burden. 

Our estimate includes the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing each 

collection of information. 

We particularly invite comments on: 

(1) Whether the collection of 

information is necessary for the proper 

performance of the CPSC’s functions, 

including whether the information will 

have practical utility; (2) the accuracy of 

the CPSC’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques, 

when appropriate, and other forms of 

information technology. 

Full-Size Cribs 

Title: Safety Standard for Full-Size 

Cribs 

Description: The proposed rule would 

require each full-size crib to comply 

with ASTM F 1169–10, ‘‘Standard 

Consumer Safety Specification for FullSize Baby Cribs.’’ The proposed 

standard prescribes performance, 

design, and labeling requirements for 

full-size cribs. It would require 

manufacturers and importers of those 

products to maintain sales records for a 

period of six years after the manufacture 

or importation of full-size cribs. 

Sections 8 and 9 of ASTM F 1169–10 

also contain requirements for marking 

and instructional literature. 

Description of Respondents: Persons 

who manufacture full-size cribs. 

We estimate the burden of this 

collection of information as follows: 

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

16 CFR section Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

1219 ..................................................................................... 68 1 2 68 (23) 5 (4.5) 443.5 

There 2 are no capital costs or operating 

and maintenance costs associated with 

this collection of information. 

Our estimates are based on the 

following: 

CPSC staff estimates that the 

recordkeeping required by the proposed 

standard would take 5 hours per firm for 

obtaining the information from existing 

sales and distribution data. The 

annualized cost for the burden 

collection of information is 

approximately $9,401. This estimated 

cost to respondents is based on 340 

hours (68 firms × 5 hours each) 

multiplied by a cost of $ 27.65 per hour 

(Bureau of Labor Statistics, total 

compensation, all workers, goodsproducing industries, sales and office, 

March 2010, Table 9). 

The cost to the government (wages 

and benefits) for 34 hours staff time to 

review the information (1⁄2 hour per 

firm) is approximately $2,784. 

Assuming that the employee reviewing 

the records will be a GS–14 level 

employee, the average hourly wage rate 

for a mid-level GS–14 employee in the 

Washington, DC metropolitan area, 

effective as of January 2010, is $57.33. 

This represents 70 percent of total 

compensation (Bureau of Labor 

Statistics, March 2010, percentage 

wages and salaries for all civilian 

management, professional, and related 

employees, Table 1). Adding an 

additional 30 percent for benefits brings 

average hourly compensation for a midrange GS–14 employee to $81.89. Thus, 

34 hours multiplied against an hourly 

compensation figure of $81.89 results in 

an estimated cost to the government of 

$2,784.26, which we have rounded to 

$2,784. 

Proposed § 1219.2(a) would require 

each full-size crib to comply with 

ASTM F 1169–10. Sections 8 and 9 of 

ASTM F 1169–10 contain requirements 

for marking and instructional literature 

that are disclosure requirements, thus 

falling within the definition of 

‘‘collections of information’’ at 5 CFR 

1320.3(c). 

Section 8.1.2.1 of ASTM F 1169–10 

requires that the name and the place of 

business (city and state) of the 

manufacturer, distributor, or seller be 

clearly and legibly marked on each 

product and its retail package. Section 

8.1.2.2 of ASTM F 1169–10 requires that 

a code mark or other means that 

identifies the model number, stock 

number, catalog number, or item 

number be marked on each crib and its 

retail carton. In both cases, the 

information must be placed on both the 

product and the retail package. There 

are 68 known firms supplying full-size 

cribs to the United States market. Fortyfive of the 68 firms are known to already 

produce labels that comply with these 

sections of the standard, so there would 

be no additional burden on these firms. 

The remaining 23 firms are assumed to 

already use labels on both their 

products and their packaging, but would 

need to make some modifications to 

their existing labels. The estimated time 

required to make these modifications is 

about 30 minutes per model. Each of 

these firms supplies an average of nine 

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3The numbers in parentheses represent 

additional burdens on some firms that will require 

label modifications. 

different models of full-size cribs, 

therefore, the estimated burden hours 

associated with labels is 30 minutes x 

23 firms x 9 models per firm = 6,210 

minutes or 103.5 annual hours. 

The Commission estimates that 

hourly compensation for the time 

required to create and update labels is 

$27.65 (Bureau of Labor Statistics, 

March 2010, all workers, goodsproducing industries, sales and office, 

Table 9). Therefore, the estimated 

annual cost associated with the 

Commission recommended labeling 

requirements is approximately $2,862 

($27.65 per hour × 103.5 hours = 

$2,861.78, which we have rounded up 

to $ 2,862). 

Section 9.1 of ASTM F 1169–10 

requires instructions to be supplied 

with the product. Full-size cribs are 

products that generally require some 

installation and maintenance, and 

products sold without such information 

would not be able to successfully 

compete with products supplying this 

information. Under OMB’s regulations 

(5 CFR 1320.3(b)(2)), the time, effort, 

and financial resources necessary to 

comply with a collection of information 

that would be incurred by persons in 

the ‘‘normal course of their activities’’ 

are excluded from a burden estimate 

where an agency demonstrates that the 

disclosure activities needed to comply 

are ‘‘usual and customary.’’ Therefore, 

because the CPSC is unaware of full-size 

cribs that: (a) Generally require some 

installation, but (b) lack any instructions 

to the user about such installation, we 

tentatively estimate that there are no 

burden hours associated with the 

instruction requirement in section 9.1 of 

ASTM F 1169–10 because any burden 

associated with supplying instructions 

with a full-size crib would be ‘‘usual and 

customary’’ and not within the 

definition of ‘‘burden’’ under OMB’s 

regulations. 

Based on this analysis, the 

requirements of the Commission’s 

proposed standard for full-size cribs 

would impose a burden to industry of 

443.5 hours at a cost of $12,263 

annually. 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have submitted the 

information collection requirements of 

this rule to OMB for review. Interested 

persons are requested to fax comments 

regarding information collection by 

August 23, 2010, to the Office of 

Information and Regulatory Affairs, 

OMB (see ADDRESSES). 

Non-Full Size Cribs 

Title: Safety Standard for Non-FullSize Cribs 

Description: The proposed rule would 

require each non-full-size crib to 

comply with ASTM F 406–10, 

‘‘Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards.’’ The proposed 

standard prescribes performance, 

design, and labeling requirements for 

non-full-size cribs. It would require 

manufacturers and importers of those 

products to maintain sales records for a 

period of six years after the manufacture 

or importation of non-full-size cribs. 

Sections 9 and 10 of ASTM F 406–10 

also contain requirements for marking 

and instructional literature. 

Description of Respondents: Persons 

who manufacture non-full-size cribs. 

We estimate the burden of this 

collection of information as follows: 

TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN

16 CFR section Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

1220 ..................................................................................... 17 1 3 17 (10) 5 (4.5) 130 

There are no capital costs or operating 

and maintenance costs associated with 

this collection of information. 

Our estimates are based on the 

following: 

CPSC staff estimates that the 

recordkeeping required by the proposed 

standard would take 5 hours per firm for 

obtaining the information from existing 

sales and distribution data. The 

annualized cost for the burden 

collection of information is 

approximately $2,350.25. This 

estimated cost to respondents is based 

on 85 hours (17 firms x 5 hours each) 

multiplied by a cost of $ 27.65 per hour 

(Bureau of Labor Statistics, total 

compensation, all workers, goodsproducing industries, sales and office, 

March 2010, Table 9). 

The cost to the government (wages 

and benefits) for 8.5 hours staff time to 

review the information (1⁄2 hour per 

firm) is approximately $696. Assuming 

that the employee reviewing the records 

will be a GS–14 level employee, the 

average hourly wage rate for a mid-level 

GS–14 employee in the Washington, DC 

metropolitan area, effective as of 

January 2010, is $57.33. This represents 

70 percent of total compensation 

(Bureau of Labor Statistics, March 2010, 

percentage wages and salaries for all 

civilian management, professional, and 

related employees, Table 1). Adding an 

additional 30 percent for benefits brings 

average hourly compensation for a midrange GS–14 employee to $81.89. Thus, 

8.5 hours multiplied against an hourly 

compensation figure of $81.89 results in 

an estimated cost to the government of 

$696.07, which we have rounded to 

$696. 

Proposed § 1220.2(a) would require 

each non-full-size crib to comply with 

ASTM F 406–10. Sections 9 and 10 of 

ASTM F 406–10 contain requirements 

for marking and instructional literature 

that are disclosure requirements, thus 

falling within the definition of 

‘‘collections of information’’ at 5 CFR 

1320.3(c). 

Section 9.1.1.1 of ASTM F 406–10 

requires that the name and either the 

place of business (city, state, and 

mailing address, including zip code) or 

telephone number, or both of the 

manufacturer, distributor, or seller be 

clearly and legibly marked on each 

product and its retail package. Section 

9.1.1.2 of ASTM F 406–10 requires that 

a code mark or other means that 

identifies the date (month and year as a 

minimum) of manufacture be marked on 

each crib and its retail carton. In both 

cases, the information must be placed 

on both the product and the retail 

package. There are 17 known firms 

supplying non-full-size cribs to the 

United States market. 

Seven of the 17 firms are known to 

already produce labels that comply with 

these sections of the standard, so there 

would be no additional burden on these 

firms. The remaining 10 firms are 

assumed to already use labels on both 

their products and their packaging, but 

would need to make some modifications 

to their existing labels. The estimated 

time required to make these 

modifications is 30 minutes per model. 

Each of these firms supplies an average 

of nine different models of full-size 

cribs; therefore, the estimated burden 

hours associated with labels is 30 

minutes × 10 firms × 9 models per firm 

= 2,700 minutes or 45 annual hours. 

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The Commission estimates that 

hourly compensation for the time 

required to create and update labels is 

$27.65 (Bureau of Labor Statistics, 

March 2010, all workers, goodsproducing industries, sales and office, 

Table 9). Therefore, the estimated 

annual cost associated with the 

Commission recommended labeling 

requirements is approximately $1,244 

($27.65 per hour × 45 hours = $1,244.25, 

which we have rounded to $1,244). 

Section 10.1 of ASTM F 406–10 

requires instructions to be supplied 

with the product. Non-full-size cribs are 

products that generally require some 

installation and maintenance, and 

products sold without such information 

would not be able to successfully 

compete with products supplying this 

information. Under OMB’s regulations 

(5 CFR 1320.3(b)(2)), the time, effort, 

and financial resources necessary to 

comply with a collection of information 

that would be incurred by persons in 

the ‘‘normal course of their activities’’ 

are excluded from a burden estimate 

where an agency demonstrates that the 

disclosure activities needed to comply 

are ‘‘usual and customary.’’ Therefore, 

because the CPSC is unaware of nonfull-size cribs that: (a) generally require 

some installation, but (b) lack any 

instructions to the user about such 

installation, we tentatively estimate that 

there are no burden hours associated 

with the instruction requirement in 

section 10.1 of ASTM F 406–10 because 

any burden associated with supplying 

instructions with a non-full-size crib 

would be ‘‘usual and customary’’ and 

not within the definition of ‘‘burden’’ 

under OMB’s regulations. 

Based on this analysis, the 

requirements of the Commission’s 

proposed standard for non-full-size 

cribs would impose a burden to 

industry of 130 hours at a cost of $3,594 

annually. 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have submitted the 

information collection requirements of 

this rule to OMB for review. Interested 

persons are requested to fax comments 

regarding information collection by 

August 23, 2010, to the Office of 

Information and Regulatory Affairs, 

OMB (see ADDRESSES). 

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, must 

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. As discussed in section L 

of this preamble, 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 to be a consumer product 

safety rule to which products subject to 

the rule must be certified. 

Because full-size cribs and non-fullsize cribs are children’s products, they 

must be tested by a third party 

conformity assessment body whose 

accreditation has been accepted by the 

Commission. In the future, the 

Commission will issue a notice of 

requirements to explain how 

laboratories can become accredited as 

third party conformity assessment 

bodies to test to the new safety 

standards. The Commission previously 

issued a notice of requirements for 

accreditation to test to the existing crib 

standards (16 CFR 1508 and 1509). 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.) 

N. Request for Comments 

This NPR begins a rulemaking 

proceeding under section 104(b) of the 

CPSIA to issue consumer product safety 

standards for full-size cribs and nonfull-size cribs. All interested persons are 

invited to submit their comments to the 

Commission on any aspect of the 

proposed standards. Comments should 

be submitted in accordance with the 

instructions in the ADDRESSES section at 

the beginning of this notice. The 

Commission is particularly interested in 

receiving comments on the following 

issues: 

• Whether a 6-month effective date 

allows sufficient time for firms to come 

into compliance with the crib standards; 

• The size of retailer crib inventories, 

as well as typical rate of turn-over; 

• The number of retailers selling cribs 

and the relative supply levels of fullsize and non-full-size cribs at retail 

establishments; 

• The extent to which some day care 

centers or places of public 

accommodation (e.g., hotels) may 

provide full-size cribs rather than nonfull-size cribs; 

• The average number of cribs (fullsize and/or non-full-size) in day care 

centers and hotels; and 

• The extent to which day care 

centers and hotels provide play yards 

(soft side structures) rather than either 

full-size or non-full-size cribs. 

List of Subjects 

16 CFR Part 1219 

Consumer protection, Incorporation 

by reference, Imports, Infants and 

children, Labeling, Law enforcement, 

and Toys. 

16 CFR Part 1220 

Consumer protection, Incorporation 

by reference, Imports, Infants and 

children, Labeling, Law enforcement, 

and Toys. 

16 CFR Part 1500 

Consumer protection, Hazardous 

substances, Imports, Infants and 

children, Labeling, Law enforcement, 

Reporting and recordkeeping, and Toys. 

Therefore, the Commission proposes 

to amend Title 16 CFR chapter II as 

follows: 

1. Add part 1219 to read as follows: 

PART 1219—SAFETY STANDARD FOR 

FULL–SIZE BABY CRIBS 

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Sec. 

1219.1 Scope and definitions. 

1219.2 Requirements for full-size baby 

cribs. 

Authority: The Consumer Product Safety 

Improvement Act of 2008, Pub. Law 110–314, 

section 104, 122 Stat. 3016 (August 14, 2008). 

§ 1219.1 Scope and definitions. 

(a) Scope. This part establishes a 

consumer product safety standard for 

new and used full-size baby cribs 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 on 

or after (date 6 months after date of 

publication of a final rule the Federal 

Register) of a new or used full-size baby 

crib. 

(b) 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, or place of public 

accommodation affecting commerce; 

and 

(iii) Within a range of ± 5.1 cm (± 2 

in.) of the following interior 

dimensions: The interior dimensions 

shall be 71 ± 1.6 cm (28 ± 5⁄8 in.) wide 

as measured between the innermost 

surfaces of the crib sides and 133 ± 1.6 

cm (52 3⁄8 ± 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. 

§ 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, PO 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 502, 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, except do not comply with 

section 6.12 of ASTM F 1169–10. 

2. Add part 1220 to read as follows: 

PART 1220—SAFETY STANDARD FOR 

NON-FULL-SIZE BABY CRIBS 

Sec. 

1220.1 Scope and definitions. 

1220.2 Requirements for non-full-size baby 

cribs. 

Authority: The Consumer Product Safety 

Improvement Act of 2008, Pub. Law 110–314, 

section 104, 122 Stat. 3016 (August 14, 2008). 

§ 1220.1 Scope and definitions. 

(a) Scope. This part establishes a 

consumer product safety standard for 

new and used non-full-size baby cribs 

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 on 

or after (date 6 months after date of 

publication of a final rule in the Federal 

Register) of a new or used non-full-size 

baby crib. This part does not apply to 

play yards. 

(b) Definitions. (1) Non-full-size baby 

crib means a crib that: 

(i) Is intended for use in or around the 

home, for travel, in a child care facility, 

in a place of public accommodation 

affecting commerce and other purposes; 

(ii) Has an interior length dimension 

either greater than 139.7 cm (55 in.) or 

smaller than 126.3 cm (493⁄4 in.), or, an 

interior width dimension either greater 

than 77.7 cm (305⁄8 in.) or smaller than 

64.3 cm (253⁄8 in.), or both; 

(iii) Includes, but is not limited to, the 

following: 

(A) Portable crib—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—non-full-size baby 

crib with an interior length dimension 

smaller than 126.3 cm (493⁄4 in.), or an 

interior width dimension smaller than 

64.3 cm (253⁄8 in.), or both. 

(E) Oversize crib—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 (305⁄8 in.), or both. 

(iv) 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. 

§ 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– 

10, Standard Consumer Safety 

Specification for Non-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, PO Box 0700, West 

Conshohocken, PA 19428; telephone 

610–832–9585; http://www.astm.org. 

You may inspect a copy at the Office of 

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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules 43323 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 502, 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 406–10 

standard with the following additions or 

exclusions: 

(1) Do not comply with section 5.16.2 

of ASTM F 406–10. 

(2) In addition to complying with 

section 5.18 of ASTM F 406–10, comply 

with the following: 

(i) 5.19 The manufacturer or importer 

shall keep and maintain for 6 years after 

production or importation of each lot or 

other identifying unit of rigid non-fullsize baby cribs, records of sale and 

distribution. These records shall be 

made available upon request at 

reasonable times to any officer, 

employee, or agent acting on behalf of 

the Consumer Product Safety 

Commission. The manufacturer or 

importer shall permit such officer, 

employee, or agent to inspect and copy 

such records, to make such inventories 

of stock as he or she deems necessary, 

and to otherwise verify the accuracy of 

such records. 

(ii) [Reserved] 

(3) Instead of complying with section 

6.10.1 through 6.10.1.2 of ASTM F 406– 

10, comply with the following: 

(i) 6.10.1 Mattress Support System 

Vertical Impact Test Requirements— 

After testing in accordance with the 

procedure in 8.6, the crib shall comply 

with all the requirements of section 5. 

Key structural elements attached by 

screws shall not have separated by more 

than 0.04 in. (1.00 mm) upon 

completion of testing. 

(ii) [Reserved] 

(4) In addition to complying with 

section 6.10.2.2 of ASTM F 406–10, 

comply with the following: 

(i) 6.10.2.3 After completion of the 

cyclic and static portions of the side 

tests, the crib shall comply with the 

General Requirements in section 5 and 

no spindles or slats shall have broken or 

completely separated from the top or 

bottom rail. Complete separation shall 

be determined by placing a right 

triangular prism shaped wedge (see 

Figure A1.13) between two spindles or 

slats adjacent to the rail from which 

these have separated and applying a 20- 

lbf (90–N) pull force to the wedge in a 

direction normal to the plane of the crib 

side. If a spindle or slat moves away 

from the hole in the rail in which it was 

formerly secured, complete separation 

has occurred. 

(ii) 6.10.2.4 Any spindles or slats 

that could be rotated during the torque 

test in 8.7.4 shall comply with the 

spacing of crib components in the 

Performance Requirements section 6.3.1 

when turned to their most adverse 

position. 

(5) In addition to complying with 

section 6.14 of ASTM F 406–10, comply 

with the following: 

(i) 6.15 Movable Side Latch Testing: 

(A) 6.15.1 This test consists of 

horizontally loading the end while a 

prescribed force is applied to the 

movable side(s) (see 8.28). 

(B) 6.15.2 The latching mechanism 

shall not disengage during testing and 

shall continue to function in the 

intended manner upon completion of 

the testing. 

(ii) 6.16 Performance Testing 

Order— The performance testing 

requirements of this section shall be 

performed in the following order: 

(A) Teething rail test 

(B) Cyclic side shake test 

(C) Crib side latch test 

(D) Mattress support system vertical 

impact test 

(E) Mattress support system test 

(F) Crib side impact test 

(G) Spindle/slat strength test 

(6) Do not comply with section 7, 

Performance Requirements for Mesh/ 

Fabric Products, of ASTM F 406–10. 

(7) Instead of complying with section 

8.6 through 8.6.2.6 of ASTM F 406–10, 

comply with the following: 

(i) 8.6 Mattress Support System 

Vertical Impact Test: 

(A) 8.6.1 General—This test consists 

of dropping a specified weight 

repeatedly onto a polyurethane foam 

pad covered in vinyl supported by the 

crib mattress support system. The test 

assists in evaluating the structural 

integrity of the crib assembly. 

(B) 8.6.2 Apparatus: 

(C) 8.6.2.1 A guided free-fall 

impacting system machine (which keeps 

the upper surface of the impact mass 

parallel to the horizontal surface on 

which the crib is secured) (see Figure 

A1.12.). 

(D) 8.6.2.2 A 45 lb (20 kg) impact 

mass (see Figures A and B). 

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(E) 8.6.2.3 A 6 in. (150 mm) long 

gauge. 

(F) 8.6.2.4 A 2 in. (50 mm) square 

gauge/spacer block. 

(G) 8.6.2.5 A test mattress with a 3 

in. (75 mm) thick sheet of polyurethane 

foam having a density of 1.9 lbs/ft3 ± 0.4 

lbs/ft (30 kg/m3 ± 6 kg/m3), a 25% 

indentation force deflection (IFD) of 

32.4 lbs ± 6.7 lbs (144 N ± 30 N) and 

dimensions that shall not be more than 

1 in. (25 mm) shorter and 1 in. (25 mm) 

narrower than the respective interior 

dimensions of the product, covered with 

a tight fitting 8 to 12 gauge vinyl 

material (tick). The suitability of the test 

mattress dimensions are to be 

determined by placing the mattress on 

the mattress support and pushing it 

fully over to one side. Measure the gap 

formed between the mattress and the 

crib side/end assemblies, which should 

not be greater than 1 in. (25 mm) in both 

the length and width. 

(H) 8.6.3 Procedure: 

(I) 8.6.3.1 Adjust the mattress 

support to its lowest position. 

(J) 8.6.3.2 Put the test mattress in 

place. Do NOT use the mattress 

supplied with the crib. The same test 

mattress may be used for testing more 

than one crib if it meets the 

requirements of 8.6.2.5. 

(K) 8.6.3.3 Secure the product to the 

horizontal test plane, remove the castors 

if supplied. Once the test has begun, no 

attempt shall be made at re-tightening 

fasteners which may have loosened 

because of vibration. The test must 

proceed without any corrective 

intervention of adjusting the height 

difference between the drop weight and 

mattress, until its completion, unless 

extensive damage, dislodging or 

deformation occurs during the course of 

the test, in which case the test shall be 

terminated. 

(L) 8.6.3.4 Position the geometric 

center of the test mattress below the 

geometric center of the impact mass. 

(M) 8.6.3.5 Adjust the distance 

between the top surface of the mattress 

and bottom surface of the impact mass 

to 6 in. (150 mm) (using the 8.6.2.3 6 in. 

(150 mm) long gauge) when the impact 

mass is in its highest position. Lock the 

impactor mechanism at this height and 

DO NOT adjust the height during 

impacting to compensate for any change 

in distance due to the mattress 

compressing or the mattress support 

deforming or moving during impacting. 

(N) 8.6.3.6 Allow the 45 lb (20.0 kg) 

impact mass to fall freely 150 times at 

the rate of one impact every 4 seconds. 

Load retraction shall not begin until at 

least 2 seconds after the start of the 

drop. 

(O) 8.6.3.7 Repeat step 8.6.3.6 at 

each corner of the mattress support, 

with the center of the impact mass 6 in. 

(150 mm) from the two sides forming 

the corners of the crib. To position the 

mass for a standard rectangular shaped 

crib place a 2 in. (50 mm) spacer block 

against one of the sides of the corner to 

be tested and move the impact mass 

until it touches the spacer block (see 

Figure C). Repeat this process for the 

other side that makes up the corner to 

be tested (see Figure D). 


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43326 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules 

(ii) [Reserved] 

(8) Instead of complying with 

8.7.1.1(2) of ASTM F 406–10, comply 

with the following: 

(i) 8.7.1.1(2) Impactor with contact 

dimensions of 1.5 by 1 in. (38 by 25 

mm) and a weight of 30 lb (13.6 kg) with 

the 1 in. (25 mm) positioned 

perpendicular to the length of the frame. 

(ii) [Reserved] 

(9) Instead of complying with the first 

sentence of 8.7.2.3 of ASTM F 406–10, 

comply with the following: 

(i) 8.7.2.3 Allow the impactor to 

free-fall 3 + 1⁄2, ¥0 in. (76 + 13, ¥0 mm) 

250 times at a rate of 4 ± 1 s per cycle 

using the impactor contact dimensions 

specified in 8.7.1.1(2). * * * 

(ii) [Reserved] 


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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules 43327 

(10) In addition to complying with 

section 8.7.3.4 of ASTM F 406–10, 

comply with the following: 

(i) 8.7.4 Crib Side Spindle/Slat 

Torque Test: 

(A) 8.7.4.1 Apply a torque of 30 lbfin. (3.4 N-m) at the midpoint in height 

of each spindle or slat. 

(B) [Reserved] 

(ii) [Reserved] 

(11) Do not comply with sections 8.11 

through 8.11.2.4 of ASTM F 406–10. 

(12) Do not comply with sections 8.12 

through 8.12.2.2 of ASTM F 406–10. 

(13) Do not comply with section 8.14 

through 8.14.2 of ASTM F 406–10. 

(14) Do not comply with sections 8.15 

through 8.15.3.3 of ASTM F 406–10. 

(15) Do not comply with sections 8.16 

through 8.16.3 of ASTM F 406–10. 

(16) In addition to complying with 

8.27.3 of ASTM F 406–10, comply with 

the following: 

(i) 8.28 Movable Side Latch Tests: 

(A) 8.28.1 Procedure for Movable 

Side Latch Tests: 

(B) 8.28.1.1 Gradually apply within 

5 s a vertically downward force of 60 lbf 

(270 N) through a hardwood block with 

2-by-2-in. (50-by-50-mm) contact area to 

the upper horizontal rail of the unit side 

at a point that is 6 in. (150 mm) from 

one end of the movable side rail. While 

the 60-lbf (270–N) downward force is 

applied to the movable side, gradually 

apply within 5 s a 30-lbf (133–N) 

horizontal force in a direction parallel to 

the movable side. The point of 

application of this force is to be 

coincident with the horizontal 

extension of the longitudinal centerline 

of the movable side and 1 in. (25 mm) 

down from the top of the unit corner 

post or unit end panel for construction 

not incorporating unit corner posts (see 

Fig. A.1.19). Maintain this horizontal 

force for an additional 30 s, then reverse 

its direction and maintain for an 

additional 30 s. 

(C) 8.28.1.2 Repeat this procedure at 

the other end of the unit’s movable side 

and, if the unit has more than one 

movable side, perform the test at each 

end of each movable side. 

(D) 8.28.1.3 Upon completion of the 

test, release the movable side latch and 

operate the movable side. Then raise the 

side and observe whether the latch 

automatically engages in the manner 

intended by the manufacturer. 

(ii) [Reserved] 

(17) Do not comply with section 9.3.2 

through 9.3.2.4 of ASTM F 406–10. 

PART 1500—HAZARDOUS 

SUBSTANCES AND ARTICLES; 

ADMINISTRATION AND 

ENFORCEMENT REGULATIONS 

3. The authority citation for part 1500 

continues to read as follows: 

Authority: 15 U.S.C. 1261–1278, 122 Stat. 

3016. 

4. Revise § 1500.18(a)(13) and (14) to 

read as follows: 

§ 1500.18 Banned toys and other banned 

articles intended for use by children. 

(a) * * * 

(13) Any full-size baby crib that is 

manufactured, sold, contracted to sell or 

resell, leased, sublet, offered, provided 

for use, or otherwise placed in the 

stream of commerce on or after (six 

months after publication of final rule in 

the Federal Register) and that does not 

comply with the requirements of part 

1219 of this chapter. 

(14) Any non-full-size baby crib that 

is manufactured, sold, contracted to sell 

or resell, leased, sublet, offered, 

provided for use, or otherwise placed in 

the stream of commerce on or after (six 

months after publication of final rule in 

the Federal Register) and that does not 

comply with the requirements of part 

1220 of this chapter. 

* * * * * 

Dated: July 14, 2010. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–17594 Filed 7–22–10; 8:45 am] 

BILLING CODE 6355–01–P 

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