8640 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

1https://www.cpsc.gov/s3fs-public/RCA-Petition_

CP_15-2_Requesting_Ban_on_Supplemental_

Mattresses_for_Play_Yards_with_Non-Rigid_

Sides_052517.pdf. 

2Although the petitioner used the term 

‘‘supplemental mattress,’’ ASTM F2933–21 uses 

and defines the term ‘‘after-market’’ mattress. Both 

terms refer to a mattress that is bought separately 

from a play yard or non-full-size crib. Like the NPR, 

the final rule will use the defined term ‘‘aftermarket’’ mattress. Section 3.1.1 of ASTM F2933–21 

defines an ‘‘after-market mattress for a play yard or 

non-full-size crib’’ as ‘‘a mattress sold or distributed 

for a play yard or non-full-sized crib.’’ Section 

3.1.1.1 of ASTM F2933–21 states that the definition 

does not include a replacement mattress sold by an 

original equipment manufacturer as a replacement, 

if it is equivalent to the mattress originally provided 

with the product. 

3Previously, on November 21, 2016, the 

Commission issued an NPR for a Safety Standard 

for Portable Generators, proposing to codify the 

standard at 16 CFR part 1241. 81 FR 83556. The 

Commission is reusing part 1241 for this final rule 

for a Safety Standard for Crib Mattresses, to keep 

all regulations for durable infant or toddler 

products in one section of the Code of Federal 

Regulations (CFR). The Commission intends to 

renumber the CFR citation for portable generators 

when that rulemaking is finalized. 

4On January 26, 2022, the Commission voted 

4–0 to issue this final rule. Commissioner Trumka 

issued a statement in connection with his vote. 

5ASTM International website: www.astm.org, 

About ASTM International. 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112, 1130, and 1241 

[CPSC Docket No. 2020–0023] 

Safety Standard for Crib Mattresses 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: Pursuant to the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA), the U.S. Consumer 

Product Safety Commission (CPSC) is 

issuing this final rule establishing a 

safety standard for crib mattresses, 

which includes full-size and non-fullsize crib mattresses, as well as aftermarket mattresses for play yards and 

non-full-size cribs. CPSC is also 

finalizing an amendment to its 

regulations regarding third party 

conformity assessment bodies, to 

include the safety standard for crib 

mattresses in the list of notices of 

requirements (NORs) along with an 

amendment to the consumer registration 

rule, to identify crib mattresses as a 

durable infant or toddler product 

subject to consumer registration 

requirements. 

DATES: This rule will become effective 

August 15, 2022. The incorporation by 

reference of the publication listed in 

this rule is approved by the Director of 

the Federal Register as of August 15, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Justin Jirgl, Compliance Officer, U.S. 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814; telephone: (301) 504–7814; 

email: jjirgl@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

A. Background 

On June 16, 2015, the president of 

Keeping Babies Safe (KBS) and the 

mother of a child who died in an 

incident involving an after-market play 

yard mattress, petitioned the CPSC, 

requesting a ban on supplemental 

mattresses for play yards with non-rigid 

sides (petition CP 15–2: Petition 

Requesting Rulemaking on 

Supplemental Mattresses for Play Yards 

with Non-Rigid Sides). The petitioner 

alleged that ‘‘thicker mattresses create a 

suffocation hazard because they create a 

gap between the mattress pad sides and 

the side of the portable crib where a 

baby can suffocate when the baby’s head 

falls in such gap while lying in the 

prone position.’’ Petitioner asserted that 

‘‘no feasible consumer product safety 

standard would adequately protect 

babies from the unreasonable risk of 

injury and death associated with the 

product.’’ 

CPSC staff prepared a briefing 

package for the petition, recommending 

that the Commission defer action on the 

petition, so that staff could work on 

voluntary standards for crib mattresses 

and play yards to address the hazards 

identified in the petition. Staff noted 

that any work on the play yard 

voluntary standard could become a 

mandatory standard through the Public 

Law 112–28 update process, because the 

Commission has an existing mandatory 

standard for play yards (16 CFR part 

1221); however, any changes to the crib 

mattress voluntary standard would 

remain a voluntary standard, because 

the Commission does not have a 

mandatory rule for crib mattresses. 

On May 25, 2017, in response to the 

petition request and staff’s 

recommendation to defer the petition, 

the Commission voted 1 (3–2) to ‘‘take 

other action’’ and granted the petition, 

directing staff to: (1) Initiate a 

rulemaking under section 104 of the 

CPSIA for a mandatory consumer 

product safety standard that will 

address the risk of injury associated 

with the use of crib mattresses; (2) 

include ‘‘supplemental and aftermarket 

mattresses used in play yards and 

portable cribs’’ 2 within the scope of the 

crib mattress rulemaking; and (3) update 

the product registration card rule (16 

CFR part 1130) to include ‘‘crib 

mattresses’’ in the list of durable infant 

or toddler products subject to the rule. 

On October 26, 2020, the Commission 

issued a notice of proposed rulemaking 

(NPR) under section 104 of the CPSIA, 

proposing a mandatory consumer 

product safety standard for crib 

mattresses, based on ASTM F2933–19, 

Standard Consumer Safety 

Specification for Crib Mattresses (ASTM 

F2933–19), with five modifications, to 

make the standard more stringent, to 

further reduce the risk of injury 

associated with crib mattresses.3 85 FR 

67906. The Commission is finalizing the 

rule by incorporating by reference the 

most recent voluntary standard for crib 

mattresses, ASTM F2933–21, with 

modifications substantially as proposed 

in the NPR, to further reduce the risk of 

injury to children associated with crib 

mattresses.4

B. Statutory Authority 

Section 104(b) of the CPSIA requires 

the Commission to: (1) Examine and 

assess the effectiveness of voluntary 

consumer product safety standards for 

durable infant or toddler products, in 

consultation with representatives of 

consumer groups, juvenile product 

manufacturers, and independent child 

product engineers and experts; and (2) 

promulgate consumer product safety 

standards for durable infant or toddler 

products. 15 U.S.C. 2056a(b). Standards 

issued under section 104 are to be 

‘‘substantially the same as’’ the 

applicable voluntary standards, or more 

stringent than the voluntary standard, if 

the Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. Id. at 2056a(b)(1)(B). 

Regarding the consultation 

requirement in section 104(b)(1) of the 

CPSIA, CPSC staff regularly participates 

in the juvenile products subcommittee 

meetings of ASTM International 

(ASTM). ASTM subcommittees consist 

of members who represent producers, 

users, consumers, government, and 

academia.5 The consultation process for 

the crib mattresses rulemaking 

commenced during the ASTM 

subcommittee meeting in May 2018, 

when CPSC staff presented initial 

recommendations for updating the crib 

mattress voluntary standard to address 

the incident data. Since then, staff has 

actively participated with the ASTM 

F15.66 subcommittee for Crib 

Mattresses in revising ASTM F2933, 

Standard Consumer Safety 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8641 

6The docket for this rulemaking on 

Regulations.gov contains meeting logs for all CPSC 

staff-attended ASTM meetings related to the crib 

mattresses voluntary standard that occurred 

between issuance of the NPR and completing this 

final rule. CPSC’s Division of the Secretariat 

maintains all other CPSC staff-attended meetings 

with outside stakeholders related to crib mattresses. 

7The NPR was based on information provided in 

the September 30, 2020, Staff Briefing Package: 

Draft Notice of Proposed Rulemaking for Crib 

Mattresses Under the Danny Keysar Child Product 

Safety Notification Act (Staff’s NPR Briefing 

Package), available at: https://www.cpsc.gov/s3fspublic/Notice-of-Proposed-Rulemaking-SafetyStandard-for-Crib-Mattresses.pdf?mDLf.MBLut

Fluwt6QFjeZRhYdNLFRR.J. This final rule also 

relies on information in Staff’s NPR Briefing 

Package. 

Specification for Crib Mattresses, to 

address the associated hazards.6

Section 104(d) of the CPSIA requires 

manufacturers of durable infant or 

toddler products to establish a product 

registration program and comply with 

CPSC’s implementing rule, 16 CFR part 

1130. Any product defined as a 

‘‘durable infant or toddler product’’ in 

part 1130 must comply with the product 

registration requirements, as well as 

testing and certification requirements 

for children’s products, as codified in 16 

CFR parts 1107 and 1109. Section 

104(f)(1) of the CPSIA defines a 

‘‘durable infant or toddler product’’ as a 

‘‘durable product intended for use, or 

that may be reasonably expected to be 

used, by children under the age of 5 

years.’’ 15 U.S.C. 2056a(f)(1). Section 

104(f)(2) of the CPSIA includes a list of 

categories of products that are durable 

infant or toddler products, including 

products used for infant sleep, such as 

cribs (full-size and non-full-size), 

toddler beds, bassinets and cradles, and 

play yards. Id. 2056a(f)(2). 

Although crib mattresses are used 

with products for infant sleep, crib 

mattresses are not included in the 

statutory list of durable infant or toddler 

products. This final rule amends part 

1130 to include ‘‘crib mattresses’’ 

within the scope of ASTM F2933 as 

durable infant or toddler products, as 

proposed in the NPR, because: (1) They 

are intended for use, and may be 

reasonably expected to be used, by 

children under the age of 5 years; (2) 

they are products similar to the 

products listed in section 104(f)(2) of 

the CPSIA; (3) they are used in 

conjunction with other durable infant or 

toddler products used for infant sleep, 

such as cribs and play yards; and (4) 

CPSC cannot fully address the risk of 

injury associated with products for 

infant sleep without addressing the 

hazards associated with the use of crib 

mattresses. 

Finally, products subject to a 

consumer product safety rule under the 

CPSA must be certified as complying 

with all applicable CPSC-enforced 

requirements, based on testing 

conducted by a CPSC-accepted third 

party conformity assessment body. 15 

U.S.C. 2063(a). The Commission must 

publish an NOR for the accreditation of 

third party conformity assessment 

bodies to assess conformity with a 

children’s product safety rule to which 

a children’s product is subject. Id. 

2063(a)(3). Accordingly, we now 

finalize an amendment to part 1112, as 

proposed in the NPR, to add the new 

Safety Standard for Crib Mattresses, 16 

CFR part 1241, to the list of NORs for 

children’s product safety rules. The 

amendment allows test laboratories 

applying for CPSC acceptance to seek 

accreditation to test crib mattresses 

within the scope of the rule. 

C. NPR7

On October 26, 2020, the Commission 

issued an NPR under section 104 of the 

CPSIA, proposing a mandatory 

consumer product safety standard for 

crib mattresses, based on ASTM F2933– 

19, Standard Consumer Safety 

Specification for Crib Mattresses (ASTM 

F2933–19), with five modifications, to 

make the standard more stringent, to 

further reduce the risk of injury 

associated with crib mattresses. 85 FR 

67906. The scope of the NPR included 

‘‘crib mattresses’’ within the scope of 

the voluntary standard for crib 

mattresses: Full-size crib mattresses, 

non-full-size mattresses, and aftermarket mattresses for play yards and 

non-full-size crib mattresses. 

The five proposed modifications to 

the voluntary standard in the NPR 

addressed the following hazards: (1) 

Suffocation hazards associated with crib 

mattresses, due to overly soft mattresses, 

by adding a test for mattress firmness 

based on sections 6 and 8 of AS/NZS 

8811.1:2013—Methods of testing infant 

products—Method 1: Sleep Surfaces— 

Test (AS/NZS 8811.1); (2) entrapment 

hazards associated with full-size crib 

mattresses, due to poor mattress fit from 

compression by sheets, by repeating the 

dimensional conformity test and 

measuring for corner gaps, after 

installing a shrunken (by washing twice) 

cotton sheet; (3) entrapment hazards 

associated with after-market, non-fullsize crib mattresses, due to lack of 

dimensional requirements for 

rectangular-shaped products, by 

extending the dimensional requirements 

in ASTM F2933–19 section 5.7.2 to all 

non-full-size crib mattresses, regardless 

of mattress shape, and regardless of 

whether the mattress is sold with a nonfull-size crib or as an after-market 

mattress; (4) laceration hazards 

associated with coils and springs 

breaking and poking through mattresses, 

by adding a cyclic impact test for 

mattresses that use coils and springs; 

and (5) the risks of SIDS and suffocation 

related to infant positioning, soft 

bedding, and gap entrapment, by 

improving the labeling and instructional 

literature requirements to communicate 

risks better to consumers, and to clarify 

requirements for manufacturers and test 

labs. 

In the NPR, the Commission also 

proposed to amend the consumer 

registration rule, part 1130, to identify 

‘‘crib mattresses’’ as a category of 

‘‘durable infant or toddler products’’ 

subject to the consumer registration rule 

and testing and certification as a 

children’s product. Finally, the 

Commission proposed to amend its 

regulation at 16 CFR part 1112 to add 

‘‘crib mattresses’’ to the list of products 

that require third party testing as a basis 

for certification. 

D. Update to ASTM F2933 

Since the publication of the NPR, 

ASTM revised F2933–19 and published 

ASTM F2933–21. Like ASTM F2933–19, 

ASTM F2933–21 provides performance 

and labeling standards for ‘‘crib 

mattresses’’ intended for full-size cribs, 

non-full-size cribs, after-market 

mattresses for play yards, and aftermarket mattresses for non-full-size cribs. 

ASTM F2933–21 updates the 

requirements for after-market play yard 

and non-full-size crib mattresses as 

follows: 

• Replaces requirement that 

‘‘aftermarket mattresses for soft-sided 

and non-rectangular, rigid-sided 

products shall have the same thickness, 

floor support structure, and attachment 

method as the mattress it is intended to 

replace’’ with: (1) A requirement to test 

to specific sections in ASTM F406, 

Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards, including: Stability; 

Cord/Strap Length; Mattress; Mattresses 

for Rigid-Sided Products; Crib Side 

Height; Height of Sides; Floor Strength; 

and Mattress Vertical Displacement, 

when tested in the product it was 

designed for or intended to fit; (2) a 

requirement that the after-market 

mattress must be at least the same size 

as the original equipment mattress, so 

long as it lays flat on the support 

structure; and (3) a requirement that the 

after-market mattress floor support 

structure be at least as thick as the 

original equipment mattress floor 

support structure. These revisions allow 

play yard mattresses that may be thicker 

than what is provided by the original 


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8642 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

8See Tab C of Staff’s Final Rule Briefing Package. 

9See Tab D, Appendix A of Staff’s Final Rule 

Briefing Package. 

10See Staff’s Final Rule Briefing Package at Tab 

C for additional information on the scope of ASTM 

F2933–21. 

11Section 3.1.4 of ASTM F2933–21 defines a 

‘‘crib’’ as a ‘‘bed that is designed to provide sleeping 

accommodations for an infant which have specific 

interior dimensions as determined by it being either 

a full size or non-full size crib.’’ Section 3.1.5 of 

ASTM F2933–21 defines a ‘‘mattress’’ as ‘‘ticking 

filled with a resilient material used alone or in 

combination with other products intended or 

promoted for sleeping on it.’’ 

12We note that OEM non-full-size crib mattresses 

are also addressed in the Commission’s mandatory 

rule for non-full-size cribs, 16 CFR part 1220, which 

incorporates by reference ASTM F406. The 

requirements in F406 for OEM non-full-size crib 

mattresses are the same requirements that appear in 

ASTM F2933 section 5.7. 

13The most common rectangular, non-full-size 

crib mattress available for sale in the U.S. crib 

mattress market is the ‘‘mini’’ crib mattress. The 

mini crib mattress is smaller than the so-called 

‘‘standard’’ or full-size crib mattress. The typical 

size of a ‘‘mini’’ crib mattress is 24′′ wide and 38′′ 

long. The depth of a ‘‘mini’’ crib mattress varies, but 

typically ranges from 1′′ to 6′′. 

equipment manufacturer, but still limit 

such mattresses to a maximum of 11⁄2

inches, as required by ASTM F406. 

• Adds requirement specifying that 

after-market mattresses must have 

equivalent storage accommodations for 

instructions as the original equipment 

mattress. 

We assess the revisions to the 

voluntary standard in section V.B of this 

preamble. Although the revisions in 

ASTM F2933–21 improve the safety of 

crib mattresses, by improving 

requirements for after-market mattresses 

for play yards and non-full-size cribs, 

ASTM’s revised voluntary standard 

does not address all of the hazards 

identified in the NPR.8

E. Final Rule Overview 

The Commission is finalizing the rule 

for crib mattresses by incorporating by 

reference the most recent version of the 

voluntary standard, ASTM F2933–21, 

with the five modifications described in 

section I.C of this preamble, to make the 

standard more stringent. However, 

based on comments on the NPR, and 

staff’s continued work with the ASTM 

subcommittee on crib mattresses, the 

final rule contains the following 

clarifications from the NPR: 

• Fitted Sheet Test Procedure for 

Full-Size Crib Mattresses—The final 

rule improves the test method proposed 

in the NPR for the fitted sheet test, by 

measuring corner gaps from a projected 

crib corner, to accommodate crib 

mattresses with larger dimensions while 

maintaining test veracity; 

• Cyclic Impact Test Procedure—The 

final rule clarifies the test method, by 

requiring the use of two different 

mattresses for testing each side of a 

mattress sleep surface, to address the 

potential for testing to be destructive; 

and 

• Safety Information—The final rule 

modifies the requirements for onproduct and package labeling, to 

include important clarifications, and to 

communicate better to consumers the 

risks and preventative actions related to 

SIDS and suffocation.9

Section VI of this preamble contains 

additional discussion and assessment of 

the revisions to the voluntary standard, 

and section VIII of this preamble 

describes the final rule in more detail. 

This final rule is based on information 

provided in the September 29, 2021, 

Draft Final Rule for Crib Mattresses 

Under the Danny Keysar Child Product 

Safety Notification Act (Staff’s Final 

Rule Briefing Package), available at: 

https://www.cpsc.gov/s3fs-public/FinalRule-Safety-Standard-for-CribMattresses.pdf?VersionId=62b

EXbfu7.mIoiiLfn_fbMWtFnEsgGON. 

II. Product Description 

A. Scope of Products Within the Final 

Rule 10

The scope of the final rule includes 

all crib mattresses 11 within the scope of 

ASTM F2933–21, which addresses three 

types of crib mattresses: 

1. Full-size crib mattresses—Full-size 

crib mattresses within the scope of the 

final rule are typically sold separately 

from the crib in which they are intended 

to be used. Industry refers to full-size 

crib mattresses as ‘‘standard’’ crib 

mattresses. Full-size crib mattresses are 

also used for toddler beds, meaning that 

one full-size crib mattress may be used 

from birth through the toddler years. 

The fit of a crib mattress inside of a crib 

is key to preventing infants from 

becoming trapped between the side of 

the crib and the mattress, and 

suffocating. Accordingly, section 5.7 of 

ASTM F2933–21 requires that the 

dimensions of a full-size crib mattress 

shall measure at least 271⁄4 in. wide and 

515⁄8 in. long. The interior dimensions 

of full-size cribs are 28 ± 5⁄8 in. (710 ± 

16 mm) wide and 523⁄8 ± 5⁄8 in. (1,330 

± 16 mm) long. Full-size crib mattresses 

come in a variety of designs and are 

made of a broad array of materials. Fullsize crib mattresses typically have a 

fabric or vinyl ticking, which covers 

innerspring coils or foam. Innerspring 

mattresses often have a layer of foam or 

batting between the springs and the 

ticking. 

2. Non-full-size crib mattresses—Nonfull-size cribs are cribs that differ in 

dimension or shape from ‘‘standard’’ 

full-size cribs. The final rule addresses 

all non-full-size crib mattresses, 

regardless of whether they are sold 

separately (after-market), or are sold 

with a non-full-size crib (referred to as 

‘‘original equipment manufactured 

mattresses’’ or ‘‘OEM’’ mattresses), and 

regardless of whether they are 

rectangular or non-rectangular in 

shape.12 Because non-full-size cribs do 

not come in a standard size, non-fullsize crib mattresses do not have defined 

dimensions. Rather, each non-full-size 

crib is required to be sold with a 

properly fitting OEM mattress that 

meets the performance requirements in 

ASTM F406. Accordingly, for mattresses 

that are sold separately from the product 

and meant to replace OEM mattresses 

(after-market mattresses), ASTM F2933– 

21 sets a minimum effective crib-side 

height for non-full-size cribs and a 

maximum gap between the mattress 

edge and the crib side.13 Section 5.7.2.1 

of ASTM F2933–21 requires that the 

dimensions of a mattress supplied with 

a non-full-size baby crib shall be such 

that the mattress, when inserted in the 

center of the crib, in a non-compressed 

state, shall not leave a gap of more than 

1⁄2 in. at any point between the 

perimeter of the mattress and the 

perimeter of the crib. Currently, section 

5.9 of ASTM F2933–21 requires that 

after-market, non-rectangular, non-fullsize crib mattresses meet the same 

performance requirements in ASTM 

F406 as the non-full-size crib mattresses 

they are intended to replace; and 

furthermore, section 5.9 requires aftermarket, non-rectangular, non-full-size 

crib mattresses to have labeling 

identifying the ‘‘brand(s) and Model(s) 

numbers of products in which it is 

intended to be used,’’ but only requires 

warning labels regarding dimensions on 

after-market, rectangular-shaped, nonfull-size crib mattresses. The final rule 

extends the ASTM F406 performance 

requirements for mattresses sold with a 

non-full-size crib to all non-full-size crib 

mattresses, including OEMs, aftermarket, non-rectangular, and 

rectangular non-full-size crib mattresses. 

3. After-market mattresses for play 

yards—After-market mattresses are 

products sold separately from a play 

yard,2 and that are not sold by the OEM 

as a replacement mattress for their 

product. Pursuant to CPSC’s mandatory 

rule for play yards, part 1221, which 

incorporates by reference ASTM F406– 

19, Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards (ASTM F406), all play 

yards must be sold with a mattress that 

is specifically designed to fit that 

product. Part 1221 regulates OEM play 


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14See Staff’s Final Rule Briefing Package at Tab 

E for additional information on the marketing and 

use of crib mattresses. 

15November 2019 Statista estimates, Grand View 

Research. 

16Based on staff’s compiled search results of data 

available on the internet, April–June 2021. 

17Price estimated from data available on the 

internet, collected between April–June 2021. 

18 Determinations were made using information 

from Dun & Bradstreet, as well as from websites. 

19Respondents were asked to include in their 

count of cribs owned, cribs that had been converted 

into toddler beds; but they were instructed to 

include only the time used in the product as a crib, 

in response to use questions. 

20 In addition to the products in use in 

households with young children, as estimated from 

the survey, cribs and crib mattresses are probably 

in use in some households without young children 

(e.g., un-surveyed homes of older adults providing 

care for grandchildren). 

21Child Care Center estimate of entire United 

States (2018, April 27). http://childcarecenter.us/. 

22U.S. Bureau of Labor Statistics, ‘‘Quarterly 

Census of Employment and Wages,’’ April 2018. 

http://www.bls.gov/iag/tgs/iag721.htm. 

23Staff contacts included phone inquiries with 

day care and hotel establishments. 

24See Staff’s Final Rule Briefing Package at Tab 

B, for additional information on staff’s review of 

crib mattress incidents. 

yard mattresses, but does not address 

after-market play yard mattresses. The 

final rule for crib mattresses addresses 

after-market mattresses for play yards, 

as set forth in ASTM F2933–21 section 

5.9, by requiring that they meet the 

same specifications and performance 

requirements for OEM play yard 

mattresses in ASTM F406, as well as 

additional requirements for the aftermarket mattress fit, support structure, 

and instruction storage 

accommodations. Additionally, the final 

rule requires that after-market 

mattresses intended for use in the 

bassinet of a play yard with a bassinet 

attachment must also meet the 

specifications in ASTM F2194, 

Consumer Safety Specifications for 

Bassinets and Cradles. 

B. Market Description 14

Crib mattresses are designed to be

used with products, such as full-size 

cribs, non-full-size cribs, bassinets and 

cradles, and play yards, intended to 

provide sleeping accommodations for an 

infant. According to estimates published 

by Statista-Grand View Research, the 

size of the U.S. market for standard and 

portable cribs was $86.8 million in 

2018.15 Currently, staff estimates that 

there are more than 300 crib mattress 

models available in the market.16

According to data collected by staff, 

approximately 75 percent of crib 

mattresses available for sale in the 

United States are standard (full-size) 

crib mattresses. Crib mattresses range in 

price from $20 to $500, with the more 

expensive crib mattresses typically 

being full-size crib mattresses with a 

firm coil or high-end foam core. The 

average cost of a crib mattress available 

for sale in the United States is $150.17

For consumers with limited income, 

smaller, less-expensive crib mattresses 

may appear to be a suitable alternative 

to higher-priced, full-size crib 

mattresses. 

CPSC staff estimates that there are 

currently at least 32 domestic 

manufacturers or importers supplying 

crib mattresses to the U.S. market; 19 

are domestic manufacturers, and 13 are 

domestic importers. In addition, six 

foreign companies distribute crib 

mattresses to the United States.18

Among the 38 firms identified, roughly 

half are members of the Juvenile 

Products Manufacturers Association 

(JPMA), the major U.S. trade association 

that represents juvenile product 

manufacturers and importers. Many 

domestic suppliers of crib mattress are 

also members of ASTM. The typical 

manufacturer or importer of crib 

mattresses carries on average 10 

mattress models. While some 

manufacturers produce a large variety of 

crib mattress models, others produce 

only a small selection of one or two 

models. The majority of domestic 

manufacturers of crib mattresses are 

considered small businesses, according 

to U.S. Small Business Administration 

(SBA) guidelines, and many of these 

small firms are JPMA or ASTM 

members. 

This mandatory rule for crib 

mattresses will require not only third 

party testing for conformance to the new 

crib mattress rule, 16 CFR part 1241, but 

also a certificate of compliance. Crib 

mattresses already require third party 

testing and certification, because crib 

mattresses are already defined as 

‘‘children’s products,’’ and are currently 

subject to various other federal safety 

rules, such as mattress flammability, 

lead, and phthalate testing. Accordingly, 

a final rule for crib mattresses will 

incrementally increase the amount of 

crib mattress testing and certification 

requirements already in place. 

C. Crib Mattress Use 14

Based on information from the 2013

CPSC Durable Nursery Products 

Exposure Survey (DNPES) of U.S. 

households with children under 6 years 

old, an estimated 9.2 million cribs were 

in use in households with young 

children in 2013.19 This represented 

about 73 percent of the estimated 12.6 

million total cribs owned by households 

(i.e., about 3.4 million cribs were 

owned, but not in use). Cribs, for the 

purposes of the DNPES, included both 

full-size and non-full-size cribs, which 

are designed to be used with a crib 

mattress. Therefore, staff estimates at 

least 9.2 million (full-size and non-fullsize) crib mattresses were in use in 

2013.20 According to DNPES results, 84 

percent of respondents indicated they 

used a fitted sheet on the crib 

mattresses, and 50 percent indicated 

they used a mattress pad. Six percent of 

respondents indicated that nothing was 

placed under the child in the crib, other 

than the intended mattress, indicating 

that the crib mattress was used bare. 

According to the same survey, an 

estimated 5.8 million play yards were in 

use in households with young children. 

This represented about 54 percent of the 

estimated 10.9 million total play yards 

owned by households (i.e., about 5.1 

million play yards were owned, but not 

in use). Most play yards are designed to 

be used with a play yard mattress; 

therefore, staff estimates at least 5.8 

million play yard mattresses were in use 

in 2013. Twenty-five percent of 

respondents indicated that nothing was 

placed under the child in the play yard, 

other than the intended mattress; 12 

percent indicated they used a mattress 

pad, but no respondents indicated that 

they used a fitted sheet. 

The DNPES did not cover child care 

facilities. One child care industry 

group’s 2018 directory 21 lists more than 

115,000 licensed child care centers and 

more than 137,000 home daycare 

providers, some of which may use crib 

or play yard mattresses. Furthermore, 

the survey did not cover hotels or other 

commercial lodging establishments. The 

U.S. Bureau of Labor Statistics (BLS) 

reports that there are about 70,000 

lodging establishments in the 

accommodation industry sector, North 

American Industry Classification 

System (NAICS) code 721.22 Based on 

the Commission’s contacts with child 

care and lodging facilities, crib, play 

yard, and crib mattresses are commonly 

used in such establishments.23

III. Incident Data and Hazard

Patterns 24

In the NPR, the Commission 

discussed a total of 439 incidents 

associated with crib mattresses, 

including 116 reported fatalities and 

323 reported nonfatal incidents or 

concerns, occurring from January 1, 

2010 to March 31, 2020. Since that data 

extraction, CPSC staff identified an 

additional 55 incidents entered into the 

CPSRMS and the NEISS databases from 

April 1, 2020 to April 30, 2021, 

including 23 reported fatalities and 32 

reported nonfatal incidents or concerns 


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25Of the 494 reports, 21 were from the NEISS. 26NEISS estimates are reportable, provided the 

sample count is greater than 20, the national 

estimate is 1,200 or greater, and the coefficient of 

variation (CV) is less than 0.33. 27None of the fatal incident reports stated that the 

fatality had a witness. Thus, each case involves 

some degree of speculation as to how the incident 

occurred. Incident details are often vague 

concerning how the infant was positioned when 

initially found and what additional items present in 

the crib environment may have contributed to the 

fatality. Some incidents have conflicting reports 

from multiple sources describing the details of the 

incident. 

28Staff initially extracted incident reports and 

NEISS injury cases using nine product codes, with 

no other restrictions on the extraction criteria. Staff 

then reviewed each record to determine whether a 

report was associated with a crib mattress. Staff 

searched the following product codes: Playpens and 

play yards (1513), portable cribs (1529), bassinets 

or cradles (1537), baby mattresses or pads (1542), 

cribs, nonportable (1543), cribs, not specified 

(1545), mattresses, not specified (4010), toddler 

beds (4082), and a catch-all product code 9101. As 

in the data extraction for the NPR, some of the 

nonfatal reports described concerns about potential 

hazards associated with a crib mattress, without an 

actual incident occurring. 

29CPSC received a death certificate for one 

fatality in September 2017, and subsequently, CPSC 

investigated this incident. However, staff did not 

receive the investigation information until 

November 2020. 

associated with crib mattresses. 

Accordingly, for the final rule, the 

Commission is aware of 494 reports 

associated with a crib mattress, 

including 139 fatalities and 355 

nonfatalities reported from January 1, 

2010 through April 30, 2021.25

CPSC staff identified 21 NEISS cases 

associated with a crib mattress in the 

NPR, and zero NEISS cases received 

during the update between April 1, 2020 

and April 30, 2021. Because the data did 

not meet the minimum criteria for 

reporting an estimate,26 the Commission 

includes the 19 NEISS injuries and two 

NEISS fatalities with the rest of the 

reported incident data described in this 

final rule. 

Table 1 presents hazard categories for 

all incidents reported from January 1, 

2010 through April 30, 2021. Since the 

NPR, CPSC received 11 reported 

fatalities 27 involving crib mattress fit 

issues, and 19 reports of nonfatal 

incidents involving mattresses that are 

considered too soft.28 Generally, the 

cause of death in reports describing a 

fatal incident stated the death to be 

caused by asphyxia, suffocation, or 

SIDS. CPSC staff categorized the fatal 

and nonfatal reports into hazard 

scenarios based on the best available 

information. 

TABLE 1—FATAL AND NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY AND DATE

RECEIVED BY CPSC DURING JANUARY 1, 2010–APRIL 30, 2021 

Date received by CPSC January 1, 2010–March 31, 2020 

(reported incidents in the NPR) 

April 1, 2020–April 30, 2021 

(reported incidents since the NPR) 

January 1, 2010– 

April 30, 2021 

Hazard category Fatal reports Nonfatal reports Fatal reports Nonfatal reports Total reports 

Chemical/Flammability ............................................................ 0 23 0 3 26 

Coil or Spring .......................................................................... 0 124 0 4 128 

Crib Mattress Used in a Play Yard ......................................... 2 1 0 1 4 

Expand or Inflate ..................................................................... 0 6 0 0 6 

Face in Mattress ..................................................................... 13 1 3 0 17 

Fit Issues ................................................................................. 20 88 11 3 122 

Found Prone ........................................................................... 66 3 9 0 78 

Mattress Falls Apart ................................................................ 0 18 0 0 18 

Softness .................................................................................. 0 36 0 19 55 

Multiple Contributing Factors (MCF) ....................................... 15 17 0 2 34 

Other ....................................................................................... 0 6 0 0 6 

Total Reports ................................................................... 116 323 23 32 494 

Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete. 

Table 2 presents the year of incident 

or death of the reported cases, for the 

incidents reported in the NPR and 

incidents reported since the NPR. Since 

the NPR, deaths continue to be reported 

in the most recent years, 2018 and 2019, 

even when there is typically an 

approximate 2-year time lag in complete 

reporting of deaths to CPSC. The NPR 

stated that 13 deaths were reported to 

have occurred in 2018, and 4 deaths in 

2019. Since the NPR, 15 and 17 deaths 

were reported to have occurred in the 

years 2018 and 2019, respectively. 

TABLE 2—REPORTS ASSOCIATED WITH CRIB MATTRESSES BY YEAR OF INCIDENT AND DATE RECEIVED BY CPSC DURING

JANUARY 1, 2010–APRIL 30, 2021 

Date received by CPSC January 1, 2010–March 31, 2020 

(reported incidents in the NPR) 

April 1, 2020–April 30, 2021 

(reported incidents since the NPR) 

January 1, 2010–April 30, 2021 

(total reports) 

Year of incident or death Fatal reports Nonfatal reports Fatal reports 29 Nonfatal reports Total fatal reports Total nonfatal 

reports 

2010 ...................................................... 20 43 0 0 20 43 

2011 ...................................................... 11 19 0 0 11 19 

2012 ...................................................... 4 27 0 0 4 27 

2013 ...................................................... 7 31 0 0 7 31 

2014 ...................................................... 13 28 0 0 13 28 

2015 ...................................................... 11 34 0 0 11 34 

2016 ...................................................... 8 40 1 0 9 40 

2017 ...................................................... 25 48 0 0 25 48 

2018 ...................................................... 13 33 2 0 15 33 

2019 ...................................................... 4 18 13 2 17 20 

2020 ...................................................... 0 2 6 19 6 21 

2021 ...................................................... 0 0 1 11 1 11 

Total Reports ................................. 116 323 23 32 139 355 

Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete. 


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A. Fatal Reports 

CPSC is aware of 139 reported deaths 

associated with crib mattresses that 

were reported to have occurred between 

January 1, 2010 and April 30, 2021. 

Table 3 presents hazard categories for 

these reported fatalities. 

TABLE 3—REPORTED FATALITIES ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY AND DATE RECEIVED BY

CPSC DURING JANUARY 1, 2010–APRIL 30, 2021 

Date received by CPSC January 1, 2010– 

March 31, 2020 

April 1, 2020– 

April 30, 2021 

January 1, 2010– 

April 30, 2021 

Hazard category Reported incidents 

in the NPR 

Reported incidents 

since the NPR Total fatal reports 

Crib Mattress Used in a Play Yard ............................................................................................................. 2 0 2 

Face in Mattress ......................................................................................................................................... 13 3 16 

Fit Issues ..................................................................................................................................................... 20 11 31 

Found Prone ............................................................................................................................................... 66 9 75 

Multiple Contributing Factors (MCF) ........................................................................................................... 15 0 15 

Total Reports ....................................................................................................................................... 116 23 139 

Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete. 

Below, we describe the hazard 

patterns involving a fatality associated 

with a crib mattress. 

1. Crib Mattress Used in a Play Yard: 

One percent of the fatalities involved 

use of a crib mattress in a play yard (2 

out of 139). Reports state that infants 

were found wedged between the crib 

mattress and the mesh of the play yard, 

due to the crib mattress not fitting 

snugly in the play yard. 

2. Face in Mattress: Twelve percent 

(16 out of 139) of fatalities were 

associated with the face of an infant, 

when found, reportedly in contact with 

a crib mattress or crib sheet covering the 

crib mattress. Based on the available 

information about each fatality, bedding 

was present in the sleeping environment 

in some of these reports. However, 

bedding was not touching the infant, 

nor did staff determine that the bedding 

was a contributing factor in the death. 

3. Fit Issues: Twenty-two percent (31 

out of 139) of fatalities involved issues 

with the fit of a crib mattress in the 

sleeping environment. In all of these 

fatalities, the infants became wedged in 

gaps between at least one of the sides of 

a crib mattress and the crib rails or play 

yard mesh. 

4. Found Prone: Fifty-four percent (75 

out of 139) of fatalities involved an 

infant found in a prone position with no 

mention of whether the face of the child 

was in contact with the crib mattress or 

crib sheet, and no mention of the face 

being obstructed by other crib bedding, 

or other items in the sleep environment. 

Given the available information about 

each fatality, bedding was present in the 

sleeping environment in some of these 

reports, but staff was unable to 

determine that bedding was a 

contributing factor in the deaths. 

5. Multiple Contributing Factors 

(MCF): Eleven percent (15 out of 139) of 

fatalities involved multiple factors that 

potentially played a role in the fatality, 

and the crib mattress was likely one of 

the contributing factors. Examples of 

other contributing factors are 

entrapment between the mattress and 

bumper pads, entrapment between the 

mattress and a crib rail with limb 

entrapment, usage of a swaddle, sharing 

of the sleep environment with another 

infant, and congenital or recent health 

conditions. 

The oldest fatalities were: Two, 3- 

year-old, and two, 2-year-old children. 

CPSC observed considerably more 

reported prone fatalities between the 

ages of 1-month-old and 5-months-old, 

and most of the deaths in the fit, face 

in mattress, and MCF hazard categories 

involved infants between the ages of 1- 

month-old and 8-months-old, compared 

to other ages. Among the 23 deaths 

reported since the NPR, 19 were to 

infants 8 months old or younger, and 

the remainder included one 11-monthold, one 12-month-old, one 21-monthold, and one 38-month-old. 

B. Reported Nonfatal Incidents and 

Concerns 

CPSC is aware of 355 reported 

nonfatal incidents and concerns 

associated with crib mattresses that 

were reported to have occurred between 

January 1, 2010 and April 30, 2021. 

Table 4 presents the hazard categories 

associated with these reported nonfatal 

crib mattress incidents. 

TABLE 4—NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY AND DATE RECEIVED BY

CPSC DURING JANUARY 1, 2010–APRIL 30, 2021 

Date received by CPSC January 1, 2010– 

March 31, 2020 

April 1, 2020– 

April 30, 2021 

January 1, 2010– 

April 30, 2021 

Hazard category Reported incidents 

in the NPR 

Reported incidents 

since the NPR 

Total nonfatal 

reports 

Chemical/Flammability ................................................................................................................................ 23 3 26 

Coil or Spring .............................................................................................................................................. 124 4 128 

Crib Mattress Used in a Play Yard ............................................................................................................. 1 1 2 

Expand or Inflate ......................................................................................................................................... 6 0 6 

Face in Mattress ......................................................................................................................................... 1 0 1 

Fit Issues ..................................................................................................................................................... 88 3 91 

Found Prone ............................................................................................................................................... 3 0 3 

Mattress Falls Apart .................................................................................................................................... 18 0 18 

Softness ...................................................................................................................................................... 36 19 55 

Multiple Contributing Factors (MCF) ........................................................................................................... 17 2 19 

Other ........................................................................................................................................................... 6 0 6 

Total Reports ....................................................................................................................................... 323 32 355 

Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete. 


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30Staff’s NPR Briefing Package at Tabs C and E 

contain more detailed analysis of incidents and 

hazards associated with crib mattress use. 

1. Chemical/Flammability: Seven 

percent (26 out of 355) of the nonfatal 

incidents reported a crib mattress 

having a chemical odor (6), causing 

rashes (8), developing severe allergies 

(1), or not meeting mandatory federal 

flammability standards (11). Three of 

these 26 incidents were reported 

between April 1, 2020 and April 30, 

2021. Among these three incidents, two 

involved emergency department 

treatment from rashes or allergy 

symptoms, and one incident mentions 

headaches from foul odor with 

unspecified severity. 

2. Coil or Spring: Thirty-six percent 

(128 out of 355) of nonfatal incidents 

involved a coil or spring found 

protruding through the crib mattress. 

Four of these 128 incidents were 

reported between April 1, 2020 and 

April 30, 2021. Among these four 

incidents, one involved a knee 

laceration with the level of care not 

known, and the other three incidents 

reported an incident with no injury. 

3. Crib Mattress Used in a Play Yard: 

One percent (2 out of 355) of nonfatal 

incidents involved a crib mattress being 

used in a play yard. One of these two 

incidents was reported between April 1, 

2020 and April 30, 2021. In the one new 

incident, a child had an arm become 

entrapped on the side or under the 

mattress. 

4. Expand or Inflate: Two percent (6 

out of 355) of nonfatal incidents 

involved a crib mattress that failed to 

expand or inflate properly. None of 

these six incidents were reported 

between April 1, 2020 and April 30, 

2021. CPSC identified related hazards, 

including fit issues with gaps appearing 

around the crib mattress causing 

entrapment or wedging, and an uneven 

crib mattress that may cause an infant 

to roll over. 

5. Face in Mattress: Less than 1 

percent (1 out of 355) of nonfatal 

incidents involved an infant found 

limp, pale, and with blue around the 

lips while face down in contact with a 

crib mattress. CPSC staff found no other 

details about the sleep environment in 

this incident involving a 1-month-old 

infant who was admitted to the hospital. 

This incident was reported in the NPR 

data set. 

6. Fit Issue: Twenty-six percent (91 

out of 355) of nonfatal incidents 

involved issues with the fit of a crib 

mattress in the sleeping environment, 

three of which were reported between 

April 1, 2020 and April 30, 2021. 

Among these three incidents, one child 

was treated in the emergency 

department after falling out of the crib 

due to a mattress that was too thick; one 

child received marks on the face due to 

entrapment issues with an unknown 

level of treatment; and one incident 

occurred with no injury reported. In all 

of these reports, staff determined that 

gaps were present on one or more sides 

around the perimeter of a crib mattress, 

creating wedging or entrapment hazard 

between the crib mattress and the crib 

rails or play yard mesh. 

7. Found Prone: One percent (3 out of 

355) of nonfatal incidents involved an 

infant found in a prone position without 

any mention of the face being in contact 

with the mattress or crib sheet, and no 

mention of the face being obstructed by 

other crib bedding or other items in the 

sleep environment. Staff found no other 

details about the sleep environment in 

any of these three reported incidents. 

None of these three incidents were 

reported between April 1, 2020 and 

April 30, 2021. 

8. Mattress Falls Apart: Five percent 

(18 out of 355) of nonfatal incidents 

involved part of a crib mattress coming 

apart. In most of these reports, the 

seams of the mattress unraveled, 

causing: A strangulation hazard due to 

the stitching of the mattress being 

exposed; and a choking or ingestion 

hazard due to the inner filling coming 

out of the mattress in small pieces and 

into the sleep environment. Examples of 

reported small pieces of a crib mattress 

filling that came apart are fibers, string, 

or wool. Staff found that in six 

incidents, string from crib mattress 

seams or piping was found wrapped 

around the neck of the infant, which 

could have led to a serious outcome if 

the child was not found in time. One 

incident involved an infant choking on 

a plastic piece of ‘‘shredded’’ crib 

mattress, and one incident involved a 

child who was treated and released from 

the hospital emergency department due 

to ingesting plastic pieces of a crib 

mattress. None of these 18 incidents 

were reported between April 1, 2020 

and April 30, 2021. 

9. Softness: Fifteen percent (55 out of 

355) of nonfatal incidents involved a 

crib mattress inner cushioning that was 

reportedly too soft. CPSC staff found 33 

reports of depressions or indentations in 

the crib mattress, accompanied by the 

following descriptions: ‘‘bunches up/ 

squishy,’’ ‘‘dent/depression/dips/ 

indentation/sags/sinks in/smashed/ 

sunken,’’ and ‘‘deflates/like an air 

mattress not fully inflated.’’ Twelve 

reports describe a crib sheet being 

placed on a crib mattress and causing 

the mattress to bend or bow, resulting in 

a gap or fit issue between the mattress 

and crib rails, creating an entrapment 

hazard. Four reports claim that a crib 

mattress is not breathable. Six reports 

allege that a crib mattress is too thin and 

that the inner cushioning is too soft. Of 

these 55 incidents, 19 were reported 

between April 1, 2020 and April 30, 

2021. All 19 of these incidents involved 

an incident with no injury reported. 

10. Multiple Contributing Factors 

(MCF): Five percent (19 out of 355) of 

nonfatal incidents involved multiple 

factors that played a role, of which the 

crib mattress was likely one factor. Two 

of these 19 incidents were reported 

between April 1, 2020 and April 30, 

2021. One incident involved a mattress 

that was reported to be too firm and a 

child who broke out in rashes, with a 

level of care not known; and one 

incident involved a slat entrapment 

hazard, with no injury reported. 

11. Other: Two percent (6 out of 355) 

of nonfatal incidents involved 

miscellaneous other issues associated 

with a crib mattress. None of these six 

incidents were reported between April 

1, 2020 and April 30, 2021. Reports in 

this category included: A blade found in 

a crib mattress; an infant’s arm was 

‘‘tangled in a crib mattress’’; an infant 

‘‘slipped on a crib mattress,’’ causing a 

slat entrapment; an infant’s arm became 

‘‘stuck on a crib mattress’’; a crib 

mattress had a loose plastic bag for a 

cover; and a concern about crib 

mattresses not having proper warning 

labels to direct caregivers to place 

infants on their backs when putting 

them down in a crib. 

The hazard categories with the most 

reported nonfatal incidents associated 

with crib mattresses are issues with 

coils or springs, and crib mattresses that 

do not fit properly in the sleep 

environment. In the most recent years, 

from January 2018 to April 2021, CPSC 

staff observed fewer nonfatal reports of 

coil or spring issues associated with crib 

mattresses, compared to years 2014 

through 2017. Eighty-six percent (78 out 

of 91 nonfatal reports) of nonfatal 

reports involving fit issues occurred 

between 2010 and 2015. 

C. Explanation of Hazards Associated 

With Crib Mattress Use 30

After reviewing the incident data, 

CPSC staff identified various mattressuse factors associated with deaths and 

serious injuries related to sudden and 

unexpected infant death (SUID), 

including, but not limited to, prone 

positioning of sleeping infants, soft 

bedding added to sleep areas, 


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31The Centers for Disease Control and Prevention 

(CDC) defines ‘‘SUID’’ as the sudden and 

unexpected death of a baby less than 1-year-old, in 

which the cause was not obvious before 

investigation. See https://www.cdc.gov/sids/about/ 

index.htm?CDC_AA_refVal=https

%3A%2F%2Fwww.cdc.gov%2Fsids%2FAbout

SUIDandSIDS.htm; accessed July 20, 2020. 

32The American Academy of Pediatrics (AAP, 

2016) explains that SUID, also known as ‘‘sudden 

unexpected death in infancy’’ (SUDI), includes 

explained and unexplained deaths, and it can be 

attributed to suffocation, asphyxia, entrapment, 

infection, ingestions, metabolic diseases, 

arrhythmia-associated cardiac channelopathies, and 

trauma. See: https://pediatrics.aappublications.org/ 

content/pediatrics/138/5/e20162938.full.pdf; 

accessed May 5, 2020. 

33Sudden infant death syndrome (SIDS) is a 

subcategory of SUID that refers to infant deaths that 

cannot be explained after a thorough case 

investigation. The terms SUID and SIDS are used 

interchangeably, as SIDS commonly is used to refer 

to SUID in warning labels and articles and given 

that consumers are more familiar with the term 

SIDS as opposed to SUID. 

34See https://www.aappublications.org/news/ 

2016/10/24/SIDS102416; accessed May 7, 2020. 

35See https://www.cpsc.gov/Safety-Education/ 

Neighborhood-Safety-Network/Posters/Safe-Sleepfor-Babies; accessed May 6, 2020. 

36See https://www.cpsc.gov/safety-education/ 

safety-guides/kids-and-babies-cribs/safe-sleepbarebest and https://www.nationwidechildrens.org/ 

family-resources-education/health-wellness-andsafety-resources/helping-hands/safe-sleeppractices-for-babies; accessed May 11, 2020. 

37See https://www.cdc.gov/vitalsigns/safesleep/ 

index.html; accessed May 2, 2020. 

38See https://kidsindanger.org/protect-yourchild/sleep/; accessed May 6, 2020. 

39See page 5, https://www.cpsc.gov/s3fs-public/ 

Petition%20CP%2015-2%20%20Petition%

20Requesting%20Ban%20on%20Supplemental%

20Matress%20for%20Play%20Yards%

20with%20non-Rigid%20Sides%20May%

2010%202017l3.pdf; accessed September 14, 

2020. 

40Per 16 CFR part 1219, and by reference ASTM 

F1169–1919, a full-size crib must have interior 

dimensions of 28 ± 5⁄8 inches wide by 523⁄8 ± 5⁄8

inches long. Per the existing voluntary standard for 

crib mattresses, ASTM F2933–21, a full-size crib 

mattress shall measure at least 271⁄4 inches wide by 

515⁄8 inches long by 6 inches thick. 

41According to Snyder (1975), the 5th percentile 

head breadth, i.e., the maximum breadth of the head 

above and behind the ears, of children 0 to 3 

months old is approximately 33⁄10 inches, which is 

more than twice as wide as the maximum allowable 

side gap between full-size cribs and full-size crib 

mattresses. ESHF staff selected head ‘‘breadth,’’ as 

opposed to length or height, to err on the side of 

caution, as head breadth is the smallest of these 

three head dimensions that could cause a fatal 

entrapment. Similarly, staff selected the 5th 

percentile measurement for 0-to-3-month-old 

infants to reduce the likelihood of death or serious 

injury to those most vulnerable to the identified 

hazards. 

42See https://www.cpsc.gov/Business-- 

Manufacturing/Business-Education/BusinessGuidance/Full-Size-Baby-Cribs/, accessed May 1, 

2020. 

43See Briefing Memorandum, Staff’s Final Rule 

Briefing Package. 

44See Staff’s NPR Briefing Package at Tab B. 

45The Commission is also aware of a draft, 

unpublished, standard, ISO 23767 Children’s 

furniture—Mattresses for cots and cribs—Safety 

requirements and test methods. Although this draft 

ISO standard is not yet an official standard, CPSC 

staff reviewed it for relevancy and found that it is 

nearly identical to BS EN 16890. 

and gaps/pockets between mattresses 

and infant product sides.31 32 33

Physiologically, infants experiencing a 

compromised airflow are likely to 

undergo a cycle of decreased heart and 

respiration rate, resulting eventually in 

fatal cessation of breathing. Numerous 

public awareness campaigns have aimed 

to educate caregivers regarding the 

identified hazards; these campaigns 

include: ‘‘Back to Sleep’’ (Moon et al., 

2016, as cited in Fors Marsh Group, 

2019), the ‘‘ABCs of Safe Sleep’’ (alone 

(no bed sharing), back-sleeping, and crib 

uncluttered),34 and ‘‘Safe Sleep/Bare is 

Best.’’ 35 36 Health and safety advocates, 

including the AAP, CDC,37 CPSC, and 

Kids in Danger (KID) 38 support these 

efforts. 

To make infant sleep environments 

more comfortable, caregivers commonly 

use soft bedding and after-market 

mattresses, instead of, or in addition to, 

an OEM mattress. Infants can maneuver 

themselves into vulnerable positions in 

a sleep environment, from which they 

cannot free themselves: 

Infants in the age range associated with 

fatal incidents, i.e., between 2 and 6 months, 

develop new skills, such as rolling over and 

crawling, in stages. According to Bayley 

(1969), several developmental milestones 

occur within the first 6 months of life; some 

notable motor skills typically achieved are 

turning from side to back (average age: 1.8 

months old), turning from back to side 

(average age: 4.4 months old), and turning 

from back to stomach (average age: 6.4 

months old). Children as young as 8 to 12 

weeks are likely to move around a play yard, 

including moving to the edge and possibly 

moving into vulnerable situations. However, 

children may not be able to remove 

themselves by reversing their actions because 

they may not have developed the skill.39

Infants can become trapped in a gap 

between a crib mattress and the side 

wall(s) of their sleep environment, with 

their nose and mouth pressed against 

the mattress or side wall, experiencing 

compromised airflow. Gap entrapment 

is a hazard associated with ill-fitting 

mattresses in full-size cribs, play yards, 

and non-full-size cribs. To minimize the 

risk for entrapment in a gap, a full-size 

crib and full-size crib mattress that meet 

the applicable standards would allow a 

maximum side gap of 13⁄8 inches.40

Given non-flexible sides and infant head 

dimensions,41 requirements in these 

standards work in tandem to help 

prevent head entrapment and 

suffocation between the mattress and 

crib sides, even though a full-size crib 

manufacturer is not required to provide 

the mattress.42 Still, incidents of gap 

entrapment involving these products 

continue to occur, including when the 

full-size crib and non-compressed fullsize crib mattress measure the 

appropriate dimensions. For example, 

gaps involving full-size crib mattresses 

can develop if the mattresses are too 

soft, such as when the mattress is 

compressed by mattress sheets. 

Gaps between the infant’s mattress 

and sleep product sides are especially 

hazardous when after-market mattresses 

with thicker depth dimensions than the 

OEM mattress are used in products with 

flexible (e.g., mesh or fabric) sides, such 

as play yards and non-rigid-sided 

portable cribs. The side walls of these 

products typically expand more towards 

the center of the side wall, and 

consequently, as the thickness of 

mattresses used in these products 

increases, the risk of gap entrapment 

often increases as well. 

D. Product Recalls 43

In the NPR, CPSC stated that from 

June 1, 2010 to June 1, 2020, CPSC 

negotiated five consumer-level recalls 

involving crib mattresses to mitigate 

against risks of flammability and 

suffocation. Four recalls involved noncompliance with mandatory federal 

flammability requirements. These four 

recalls included approximately 80,000 

units in total. The Commission cannot 

provide an exact number of units 

because of a lack of differentiation 

between crib and adult mattress 

populations in recalls that included 

both. The fifth recall of crib mattresses 

involved a dimensional issue, where the 

crib mattress models were ill-fitting, 

presenting an entrapment hazard. This 

recall included approximately 300,000 

units. CPSC has not announced any crib 

mattress recalls since the NPR. 

IV. International Standards for Crib 

Mattresses 44

As stated in the NPR, the Commission 

is aware of two international voluntary 

standards pertaining to crib 

mattresses: 45

• BS EN 16890:2017—Children’s 

Furniture—Mattresses for cots and 

cribs—Safety requirements and test 

methods (BS EN 16890); and 

• Australian/New Zealand Standard 

8811.1:2013—Methods of testing infant 

products (AS/NZS 8811.1). 

In the NPR, the Commission 

compared ASTM F2933–19 to the 

international standards AS/NZS 8811.1 

and EN 16890, and determined that the 

ASTM standard is equivalent or more 

stringent than these standards to 

address most incidents associated with 

the use of crib mattresses in the United 

States. 85 FR at 67913–14. This 


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46See Staff’s Final Rule Briefing Package at Tab 

C. 

47See Staff’s NPR Briefing Package at Tab B for 

additional information about the history and 

performance requirements up through the 2019 

version of ASTM F2933. Tab C of Staff’s Final Rule 

Briefing Package contains information about the 

revisions in ASTM F2933–21. 

48Tapered ends that do not meet the 

requirements of 16 CFR 1500.48 and metal or glass 

tapered surfaces that do not meet the requirements 

of 16 CFR 1500.49. 

49See Tab C of Staff’s Final Rule Briefing Package 

for the full assessment of ASTM F2933–21. 

assessment is applicable to ASTM 

F2933–21 as well.46

Each of these international standards 

includes a mattress firmness test, while 

the ASTM standard does not. To 

address this issue, the final rule 

includes a mattress firmness test, as 

proposed in the NPR, based on the 

mattress firmness test in the AS/NZS 

standard. With the exception of mattress 

firmness, the Commission concludes 

that ASTM F2933–21 is equivalent to, or 

more stringent than, AS/NZS 8811.1 or 

EN 16890, because it more fully 

addresses the hazard patterns identified 

by CPSC staff in the reported incident 

data. Compared to these international 

standards, ASTM F2933–21 is more 

comprehensive because it also addresses 

non-full-size crib mattresses and aftermarket mattresses for play yards and 

non-full-size cribs. Furthermore, the 

Commission notes that like ASTM 

F2933–19, ASTM F2933–21 was 

developed through collaboration 

between CPSC staff and stakeholders. 

The voluntary standard has been revised 

four times to address incident data 

provided by CPSC staff. Therefore, the 

Commission concludes that ASTM 

F2933–21, when modified to include a 

test for mattress firmness based on 

sections 6 and 8 of AS/NZS 

8811.1:2013, is more appropriate than 

AS/NZS 8811.1:2013 or EN 16890 to 

address hazard patterns associated with 

crib mattresses. 

V. Voluntary Standard—ASTM F2933 47

A. History of ASTM F2933 

The ASTM Committee F15 on 

Consumer Products first published the 

voluntary standard for crib mattresses in 

2013, as ASTM F2933–13, Standard 

Consumer Safety Specification for Crib 

Mattresses. The first publication 

established requirements for the 

standard and addressed the following 

issues: 

• Sharp points and sharp edges,48

• Small parts, 

• Lead and other toxic substances in 

paints, 

• Finger entrapment, 

• Mattress dimension conformity, 

• Mattress thickness, and 

• Marking and labeling. 

Since 2013, ASTM has revised and 

updated the voluntary standard four 

times to address safety issues, as 

outlined below: 

ASTM F2933–16 (approved on 12/1/ 

2016): 

• Revised warning label permanency 

requirements in 5.6.1, to include 

requirement that ‘‘[n]on-coated paper 

warning label shall not be applied on 

either side of sleeping surface.’’ Added 

a note under this section, stating that 

non-coated paper label may absorb 

water and can deteriorate. 

ASTM F2933–18 (approved 8/15/ 

2018): 

• Revised scope to include a new 

section 1.5, stating the standard was 

developed in accordance with 

internationally recognized principles on 

standardization; 

• Added definition of ‘‘after-market 

mattress for play yard or non-full-size 

crib,’’ to section 3, Terminology; 

• Added a new requirement for aftermarket mattresses for play yards and 

non-full-size crib mattresses in section 

5, General Requirements, stating that 

after-market mattresses for soft-sided 

and non-rectangular, rigid-sided 

products shall have the same thickness, 

floor support structure, and attachment 

method as the mattress it is intended to 

replace and shall meet the specifications 

of Mattress Vertical Displacement test 

from ASTM F406–19, Standard 

Consumer Safety Specification for NonFull-Size Baby Cribs/Play Yards; 

• Added additional marking and 

labeling requirements for after-market 

mattresses in sections 7.5 through 7.7. 

To comply with these sections, aftermarket mattresses and their retail 

packaging shall include specified 

suffocation warning language related to 

hazardous gaps and stacked mattresses. 

Sections 7.5 and 7.6 have additional 

requirements that distinguish between 

types of products. Section 7.5 has 

requirements specific to mesh/fabricsided and rigid-sided, non-rectangular 

products, including as follows: Aftermarket mattresses shall have all the 

warnings that the original manufacturer 

had and provide instructions that are on 

the original mattress, and both the aftermarket mattress and the retail packaging 

shall identify the brand and model 

numbers of products in which it is 

intended to be used. Section 7.6 

contains requirements specific to rigid 

sided rectangular products including as 

follows: After-market mattresses and 

their retail packaging shall have a 

specified statement regarding mattress 

dimensions and fit. 

ASTM F2933–19 (approved on 6/15/ 

2019): 

• Added a new requirement for 

mattress seam stitching in section 5, 

General Requirements, requiring that all 

seam stitching that is accessible to the 

occupant be lock stitching. 

ASTM F2933–21 (approved on 6/15/ 

2021): 

• Replaced requirement that 

‘‘aftermarket mattresses for soft-sided 

and non-rectangular, rigid-sided 

products shall have the same thickness, 

floor support structure, and attachment 

method as the mattress it is intended to 

replace’’ with: (1) A requirement that 

aftermarket mattresses meet all 

applicable listed requirements of ASTM 

F406 Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards for the OEM 

mattresses that they are intended to 

replace; (2) requirements that the aftermarket mattress must be at least the 

same size as the original equipment 

mattress, so long as it lays flat on the 

support structure; and (3) requirements 

that the after-market mattress floor 

support structure be at least as thick as 

the original equipment mattress floor 

support structure. Accordingly, play 

yard mattresses may be thicker than that 

provided by the original equipment 

manufacturer, but are still limited to a 

maximum of 11⁄2 inches, as required by 

ASTM F406. 

• Adds requirement specifying that 

after-market mattresses must have 

equivalent storage accommodations for 

instructions as the original equipment 

mattress. 

B. Assessment of ASTM F2933–21 49

ASTM published ASTM F2933–21 in 

July 2021, to address requirements for 

after-market mattresses for non-full-size 

cribs and play yards. Beginning with 

ASTM F2933–18, after-market 

mattresses were required to meet the 

same requirements of OEM mattresses 

for play yards. ASTM members believed 

that, as written, the requirements for 

after-market mattresses were design 

restrictive. Accordingly, the rationale 

for the 2021 revisions for after-market 

mattress requirements was to be less 

design restrictive, by more directly 

relying on performance requirements 

under the appropriate product standard, 

including additional references to 

requirements in the voluntary standard 

for play yards and non-full-size cribs, 

ASTM F406. 

The purpose of having after-market 

mattresses meet the same requirements 

as OEM mattresses is to reduce the risk 

of infant entrapment and suffocation 

associated with after-market mattresses 


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that are too thick, or do not fit correctly, 

or attach to a play yard or non-full-size 

crib. ASTM developed the latest 

requirements for after-market 

mattresses, published in ASTM F2933– 

21, in collaboration with CPSC staff, the 

ASTM Play Yard Vertical Displacement 

Task Group, the Play Yard Mattress Fit 

and Thickness Task Group, and the 

ASTM Non-Segmented Mattress Task 

Group. Below we summarize and assess 

changes to ASTM F2933–21 that 

occurred after publication of the NPR. 

1. In section 5.9 of ASTM F2933–21, 

‘‘Product’’ was clarified to refer to the 

play yard or non-full-size crib, rather 

than the mattress. Other clarifications of 

the mattress and the product were made 

throughout this section. These term 

clarifications are appropriate and 

adequate to clarify which requirements 

in the standard apply to which 

products. However, the final rule 

removes non-full-size cribs from this 

section, to be consistent with changes to 

section 5.7.2 regarding non-full-size 

mattress size and thickness. 

2. In section 5.9.1.1 of ASTM F2933– 

21, the requirement was removed that 

the after-market mattress have the same 

thickness, floor support structure, and 

attachment method as the mattress it is 

intended to replace. The thickness and 

floor support structure requirements 

were replaced in ASTM F2933–21, as 

described in paragraphs 5 and 6 below. 

The final rule adopts these new 

requirements for after-market mattresses 

in ASTM F2933–21, as written. Before 

this change, an after-market mattress for 

a play yard could meet the requirements 

of ASTM F406 when tested with the 

product it is intended to be used with, 

but still not meet the requirements of 

this section, due to having a different 

mattress thickness or different floor 

support structure design as the OEM 

mattress. For example, non-segmented, 

i.e., non-folding, after-market mattresses 

for products that included a segmented 

mattress would not be allowed. 

Similarly, if the OEM play yard mattress 

was 3⁄8 inches thick, an after-market 

mattress with a thickness of 7⁄8 inches, 

and that would otherwise meet the 

requirements of an OEM mattress, 

would not be allowed. 

ASTM removed the requirement that 

after-market mattresses be exactly the 

same as the OEM mattress, and instead, 

requires that after-market mattresses be 

tested to the same requirements as OEM 

mattresses (see 3 below). Moreover, 

after-market mattresses must meet 

additional requirements regarding size, 

floor support structure, and instruction 

storage (5, 6, and 7 below, respectively). 

Based on this change, the two examples 

described above would be allowed, so 

long as they meet all of the requirements 

for after-market mattresses. A 3-inch 

thick, after-market play yard mattress 

would not be allowed, however, due to 

it having a greater thickness than 

allowed for OEM mattresses in ASTM 

F406. Because after-market mattresses 

must meet the same dimension and 

performance requirements as OEM 

mattresses, as well as additional 

requirements, this change will not 

reduce the safety of after-market 

mattresses. 

3. In the new section 5.9.1.1 of ASTM 

F2933–21, ASTM added the following 

list of requirements from ASTM F406: 

Stability; Cord/Strap Length; Crib Side 

Height; Height of Sides; and Floor 

Strength. The following requirements 

from ASTM F406 were already listed: 

Mattress; Mattresses for Rigid-Sided 

Products; Mattress Vertical 

Displacement. The requirements in 

ASTM F406 applicable to play yard 

mattresses are those for Mattress, 

Stability, Cord/Strap Length, Height of 

Sides, Floor Strength, and Mattress 

Vertical Displacement. ASTM F2933–21 

now includes all of these listed 

requirements. The final rule, however, 

removes Mattresses for Rigid-Sided 

Products and Crib Side Height from this 

section, because these requirements 

apply to non-full-size cribs, which are 

addressed in the final rule in section 

5.7.2. 

4. In the new section 5.9.1.2 of ASTM 

F2933–21, ASTM replaced the term 

‘‘replacement mattress’’ with 

‘‘aftermarket mattress.’’ The final rule 

includes this modification, and it is 

consistent with modifications proposed 

in the NPR. 

5. ASTM added the following 

requirement in a new section 5.9.1.3 in 

ASTM F2933–21: ‘‘The aftermarket 

mattress must be at least the same size 

as the original equipment mattress or 

larger and lay flat on the floor of the 

product, in contact with the play yard 

mattress support structure.’’ Some OEM 

play yard mattresses are made 

particularly thin, contributing to the 

consumer perception that play yard 

mattresses are uncomfortable, and 

potentially resulting in consumers 

placing additional soft bedding in infant 

sleep environments. With this change, 

after-market mattresses can be the same 

size or larger (thicker and/or wider) than 

the OEM mattress, so long as they lay 

flat and meet the other applicable 

dimension and test requirements for 

play yard mattresses, including 

maximum dimension requirements. 

This allows after-market play yard 

mattresses, which are thicker than OEM 

mattresses, but continue to meet 

maximum dimension requirements (e.g., 

an after-market mattress with foam 7⁄8

inches thick may be acceptable, but 

foam more than 1-inch thick, would not 

be acceptable). The final rule adopts this 

change as part of ASTM F2933–21, 

because it is unlikely to reduce safety, 

and may improve safety by allowing 

appropriately sized, after-market 

mattresses that could combat the 

consumer perception of uncomfortable 

play yard mattresses. This change, 

therefore, is an adequate replacement 

for the mattress size requirements 

originally in section 5.9.1.1. 

6. ASTM added the following 

requirement in section 5.9.1.4 of ASTM 

F2933–21: ‘‘If the original equipment 

mattress includes a floor support 

structure, the aftermarket mattress must 

include a floor support structure that is 

at least as thick as the original 

equipment mattress floor support 

structure.’’ This change allows for aftermarket mattresses with a different floor 

support structure than the OEM 

mattress (e.g., an after-market nonsegmented mattress in place of an OEM 

segmented mattress), so long as the floor 

support structure is at least as thick as 

the original, and the mattress meets the 

other applicable requirements for play 

yard mattresses. This change, along with 

the requirement that the mattress must 

lay flat on the play yard support 

structure, will have no effect on safety, 

because it ensures that after-market play 

yard mattresses with a different support 

structure than the OEM mattress will 

still have a similar level of support. The 

final rule adopts this change as part of 

ASTM F2933–21, because it is an 

adequate replacement for the floor 

support structure requirements 

originally in section 5.9.1.1. 

7. ASTM added the following 

requirement in section 5.9.1.5 of ASTM 

F2933–21: ‘‘If the original equipment 

mattress includes storage 

accommodations for the product 

instruction manual, the aftermarket 

mattress shall provide equivalent 

storage accommodations for the product 

instruction manual.’’ This is a new 

requirement for after-market mattresses 

to have equivalent storage 

accommodations for instructions as the 

OEM mattress. The final rule adopts this 

change as part of ASTM F2933–21, 

because it improves safety by increasing 

the likelihood of consumers keeping the 

product’s instruction manual, which 

may have important safety information, 

readily accessible. 

Based on the foregoing, the final rule 

incorporates by reference ASTM F2933– 

21, and adopts these seven changes, 

except where a change conflicts with 

the separation of requirements for play 

yards from the requirements for nonVerDate Sep<11>2014 21:03 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\15FER2.SGM 15FER2

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50Staff’s NPR Briefing Package at Tab B contains 

additional details on the CPSC staff’s analysis of 

ASTM F2933–19 and its ability to address 

identified hazards. 

full-size crib mattresses, as noted in this 

section. Appendix A to Tab C of Staff’s 

Final Rule Briefing Package outlines the 

changes to section 5.9 of ASTM F2933– 

21. 

C. Description of Performance 

Requirements in ASTM F2933–21 

In addition to the general 

requirements typically found in other 

ASTM juvenile product standards, such 

as requirements for openings, label 

permanency, and the prohibition of 

sharp points/edges, small parts, and 

lead in paints, section 5 of ASTM 

F2933–21 contains the following four 

additional requirements that apply 

specifically to mattresses for cribs, nonfull-size-cribs, and to after-market 

mattresses for non-full-size cribs and 

play yards: 

• § 5.7 Mattress Dimensions: This 

section describes the dimensional 

requirements for full-size crib 

mattresses, and for non-full-size crib 

mattresses that are supplied with a nonfull-size crib, to prevent an infant from 

becoming wedged in a gap caused by a 

too-small crib mattress. To ensure that 

the crib mattress dimensions are within 

the allowable range, the test requires a 

mattress to be placed in a test box and 

pushed against the side of the box with 

a force prescribed in the test method. 

• § 5.7.2.2 Mattress Thickness: This 

requirement applies to non-full-size crib 

mattresses supplied with a non-full-size 

crib, to prevent occupants from falling 

out of the product (and extends to aftermarket mattresses for non-rectangular, 

non-full-size cribs, as described below 

for § 5.9). The requirement states that a 

mattress supplied with a non-full-size 

crib shall have a thickness that will 

provide a minimum effective crib-side 

height dimension of at least 20 inches 

when the crib side is in its highest 

adjustable position and the mattress 

support is in its lowest adjustable 

position. Additionally, the mattress 

shall have a thickness that will provide 

a minimum effective crib-side height 

dimension of at least 3 inches when the 

crib side is in its lowest adjustable 

position, and the mattress support is in 

its highest adjustable position. 

• § 5.8 Mattress Seam Stitching: 

This requirement applies to all crib 

mattresses within the scope of the 

standard and states that all seam 

stitching that is accessible to the 

occupant shall be lock stitching to 

prevent accessible stitching from 

becoming loose and creating a small 

part or strangulation hazard. 

• § 5.9 After-Market Mattress for 

Play Yards and Non-Full-Size Cribs: 

This requirement is for after-market 

mattresses for play yards and non-fullsize cribs, and states that after-market 

mattresses for soft-sided and nonrectangular, rigid-sided products must 

meet the following applicable 

requirements from ASTM F406, 

Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards: Stability; Cord/Strap 

Length; Mattress; Mattresses for Rigid 

sided products; Crib Side Height; Height 

of Sides; Floor Strength; and Mattress 

Vertical Displacement. Additionally, the 

after-market mattress and floor support 

structure must be at least the same size 

as the original equipment mattress; it 

must lay flat on the play yard support 

structure or floor; and must include 

equivalent storage accommodations for 

the instruction manual. Accordingly, 

these after-market mattresses must meet 

the same requirements as the OEM 

mattress. Requirements for OEM 

mattresses sold with play yards and 

non-full-size cribs are codified at 16 

CFR parts 1220 (non-full-size cribs) and 

1221 (play yards), which incorporate by 

reference ASTM F406. Finally, if the 

after-market mattress is also intended to 

be used in a bassinet, it must also meet 

the requirements in the following 

sections of ASTM F2194, Standard 

Consumer Safety Specification for 

Bassinets and Cradles, when tested with 

each brand and model of product for 

which it is intended to replace the 

mattress: Pad Thickness for Fabric or 

Mesh-Sided Products; Pad dimensions; 

Side Height; and Bassinets with 

Segmented Mattresses. 

VI. Adequacy of the Voluntary 

Standard To Address Crib Mattress 

Hazards 

A. Adequacy of Performance 

Requirements 50

ASTM developed ASTM F2933 to 

mitigate the risk of injury associated 

with the use of crib mattresses. Hazardmitigation strategies include 

performance requirements and 

instructions and on-product warnings to 

help inform caretakers of the primary 

hazards during use of the product. 

Based on CPSC staff’s Engineering, 

Human Factors, and Health Sciences 

assessments, Tabs B, C, and E, 

respectively, of Staff’s NPR Briefing 

Package, and Tabs C and D of Staff’s 

Final Rule Briefing Package, the 

requirements in the voluntary standard, 

ASTM F2933–21, adequately address 

the hazard patterns related to expanding 

or inflating crib mattresses, mattresses 

falling apart, and most hazards 

associated with multiple contributing 

factors, or other hazards. 

However, ASTM F2933–21 does not 

adequately address the most prevalent 

or severe identified hazards associated 

with the use of crib mattresses, such as 

coil spring issues, face in mattress, fit 

issues, infants found prone, and 

mattress softness. The warning labeling 

for hazard patterns that are within the 

multiple contributing factors category 

(i.e., face in mattress, found prone, and 

softness) are also inadequate. 

Accordingly, the Commission will 

finalize the rule with additional 

requirements, as proposed in the NPR, 

to make the standard more stringent, to 

further reduce the risks of death and 

injury from these hazard patterns. Table 

5, based on the final rule incident data, 

summarizes the staff-identified hazard 

patterns and states how ASTM F2933– 

21 addresses each hazard pattern. 

TABLE 5—ASSESSMENT OF ASTM F2933–21 TO ADDRESS IDENTIFIED HAZARD PATTERNS

Hazard pattern Applicable 

mattresses How addressed in ASTM F2933–21 Adequacy assessment Comments 

Chemical/Flammability Hazards (odors, 

rash).

All .......................... 16 CFR part 1303 Ban of Lead-Containing Paint 16 CFR part 1500 Hazardous Substances Act Regulations 

(Sections 5.1 and 5.4).

16 CFR part 1632 Standard for the 

Flammability of Mattresses and Mattress Pads.

16 CFR part 1633 Standard for the 

Flammability (Open Flame) of Mattress Sets.

Adequate .............. Assessed as adequate in NPR. No 

change in standard. 


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51CPSC’s Directorate for Engineering Sciences, 

Division of Human Factors (ESHF). 

TABLE 5—ASSESSMENT OF ASTM F2933–21 TO ADDRESS IDENTIFIED HAZARD PATTERNS—Continued 

Hazard pattern Applicable 

mattresses How addressed in ASTM F2933–21 Adequacy assessment Comments 

Coil or Spring (laceration) ..................... Coil or spring mattresses (primarily 

full-size).

Prohibition of sharp points (Section 

5.2).

Inadequate ............ Final rule includes additional cyclic 

testing to identify potential for 

springs to break through surface 

during foreseeable use and misuse. 

Crib Mattress Used in a Play Yard (suffocation due to ill-fitting mattress).Aftermarket play 

yard mattresses.

Labeling requirements, requirements 

for after-market mattresses. Testing 

requirements harmonized with 

ASTM F406. (Sections 5.9 and 7.5).

Adequate .............. Section VI.A.3 of the preamble assesses the revised requirements for 

after-market mattresses. 

Expand or Inflate (suffocation due to illfitting mattress that does not expand 

or inflate properly).

Foam products, 

typically full-size 

and shipped as 

‘‘bed in a box’’.

Dimensional conformity, mattress 

thickness, and labeling requirements 

(Section 5.7).

Adequate .............. Hazard is adequately addressed with 

F2933’s dimensional conformity and 

mattress thickness. 

Face in Mattress (suffocation) .............. All .......................... Labeling requirements (Section 7.3) .... Inadequate: See

also ESHF 51

memo (Tab D).

Final rule contains a firmness test 

based on sections 6 and 8 of AS/ 

NZS 8811.1 and revised labeling. 

Fit Issues (suffocation due to ill-fitting 

mattress).

All .......................... Dimensional conformity and after-market mattress requirements (Sections 

5.7 and 5.9).

Inadequate ............ Final rule contains additional fitted 

sheet compression test for full-size 

mattresses and extends dimensional 

requirements in section 5.7 to all 

after-market non-full-size crib mattresses. 

Found Prone (suffocation due to prone 

position).

All .......................... Labeling requirements (Section 7.3) .... Inadequate: See 

also ESHF 

memo (Tab D).

Final rule contains a firmness test 

based on sections 6 and 8 of AS/ 

NZS 8811.1 and revised labeling. 

Mattress Falls Apart (choking/ingestion) All .......................... Mattress seam stitching requirement 

and small parts prohibition (Sections 

5.3 and 5.8).

Adequate .............. Assessed as adequate in NPR. No 

change in standard. 

Softness (suffocation due to soft surface).All .......................... Not addressed ...................................... Inadequate ............ Final rule contains a firmness test 

based on sections 6 and 8 of AS/ 

NZS 8811.1. 

Multiple Contributing Factors (MCF) 

(e.g., entrapment in bumper pads, 

limb entrapment, crib sharing with 

another infant, existing health condition).

All .......................... General requirements and warning labels (Sections 5 and 7).Inadequate ............ Some of these contributing factors are 

addressed by additional requirements in the final rule described 

above, while others are related to 

another product use or other factor 

out of the scope of the crib mattresses standard. 

Other ..................................................... All .......................... General requirements and warning labels (Sections 5 and 7).Adequate .............. This category includes hazards which 

are out of scope of the ASTM standard or for which the cause is unclear. 

1. Hazard Pattern—Chemical/ 

Flammability Hazards 

Seven percent (26 out of 355) of the 

nonfatal incidents, including 3 

incidents identified since the NPR, 

reported a crib mattress having a 

chemical odor (6), causing rashes (8), 

causing severe allergies (1), or 

mattresses not meeting mandatory 

federal flammability standards (11). 

Reports describe infants suffering from 

rashes, upper respiratory issues, and 

headaches. The ASTM F2933–21 

general requirements section addresses 

these hazards with the inclusion of 16 

CFR part 1632, Standard for the 

Flammability of Mattresses and Mattress 

Pads, 16 CFR part 1633, Standard for 

the Flammability (Open Flame) of 

Mattress Sets, and 16 CFR part 1303, 

Ban of Lead-Containing Paint and 

Certain Consumer Products Bearing 

Lead-Containing Paint. 

2. Hazard Pattern—Coil or Spring 

Potential laceration hazards due to an 

exposed coil or spring account for 36 

percent (128 out of 355) of the nonfatal 

incident reports, including four 

incidents identified since the NPR. 

ASTM F2933–21 addresses this hazard 

by prohibiting sharp points. Due to the 

high proportion of reported nonfatal 

incidents, the final rule strengthens the 

standard with a cyclic impact test, as 

proposed in the NPR, which entails 

dropping a 30-pound test mass 250 

times in four locations on a test 

mattress. 

Since publication of the NPR, CPSC 

staff has continued working with the 

crib mattress cyclic testing task group to 

refine test requirements that will 

address the hazard of potential 

lacerations to infants from an exposed 

coil or spring. The test was discussed at 

subcommittee and task group meetings 

on November 10, 2020, December 9, 

2020, and February 16, 2021. During 

these meetings, ASTM members 

discussed points they felt needed 

clarification if the voluntary standard is 

revised, including the desire for a means 

to prevent the mattress from moving 

around during testing. ASTM members 

stated, for example, that the standard 

should clarify that the test only applies 

to coil spring mattresses, and that two 

mattresses should be required to test 

both sides of a mattress, because of the 

potential for destruction of the sample 

during testing. Accordingly, the final 

rule includes a modification to the test 

method, to require two mattresses for 

testing each side of a mattress. 

CPSC staff has typically been in 

alignment with ASTM members of the 

Crib Mattress Cyclic Testing task group 

on how to conduct testing to address the 

hazard of potential lacerations to infants 

caused by exposed coils or springs. 

Public comments were also generally 

supportive of the test proposed by staff; 

and the comments encouraged staff to 

continue working with ASTM to 

develop the test. Although ASTM 

informed staff at a subcommittee 

meeting on June 10, 2021, that a new 

draft of the ASTM test method had been 

developed, and members were shown a 

drawing that appeared to depict a 


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8652 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

52Nearly half (11 out of 23) of fatal incidents 

identified since the NPR are associated with fit 

issues. 

revised test location, ASTM has not yet 

distributed this revised draft to CPSC 

staff or to other task group members, 

and there has not been a ballot. 

Therefore, for the final rule, the 

Commission clarifies the test procedure 

and the need for two mattresses, but 

does not make any additional changes. 

3. Hazard Pattern—Crib Mattress Used 

in a Play Yard 

One percent (2 out of 139) of fatal 

incidents and one percent (2 out of 355) 

of nonfatal incidents, including one 

nonfatal incident identified since the 

NPR, are associated with using a crib 

mattress in a play yard. The incidents 

were associated with the use of a crib 

mattress that did not fit properly in a 

play yard. ASTM F2933–21 addresses 

this hazard with warning label 

requirements, and additionally, newer 

requirements specifying that aftermarket play yard mattresses must meet 

the same requirements as OEM 

mattresses. These revisions will increase 

the availability of properly fitting aftermarket mattresses, and will reduce the 

likelihood of caregivers using an illfitting crib mattress in a play yard. For 

the final rule, the Commission 

incorporates by reference ASTM F2933– 

21, to include these revisions. 

One nonfatal incident involved 

scratches on an infant’s back, caused by 

protruding coils or springs of the crib 

mattress. The final rule addresses the 

coil or spring hazard, as described in 

section VI.A.2, above. 

4. Hazard Pattern—Expand or Inflate 

In two percent (6 out of 355) of 

reported nonfatal incidents, a crib 

mattress failed to expand or inflate 

properly. All of these incidents were 

reported in the NPR. This hazard can 

occur when a mattress is tightly rolled 

for shipping or packaging purposes, and 

then does not completely decompress. 

Related hazards include fit issues with 

gaps appearing around the crib mattress, 

causing entrapment or wedging, and an 

uneven crib mattress that may cause an 

infant to roll over. Although this hazard 

is adequately addressed with ASTM 

F2933’s dimensional conformity and 

mattress thickness requirements, the 

additional proposed mattress 

compression test, detailed in section 

VI.A.6 of this preamble, will strengthen 

the proposed standard and further 

reduce injuries associated with the 

failure of a mattress to expand or inflate 

fully to prevent hazardous gaps. 

5. Hazard Pattern—Face in Mattress 

Twelve percent (16 out of 139) of fatal 

incidents and less than 1 percent (1 out 

of 355) of nonfatal incidents, including 

three fatal incidents identified since the 

NPR, are associated with an infant 

found face down on a crib mattress. 

ASTM F2933 does not address this 

hazard pattern. The Human Factors 

assessment in the Staff’s NPR and Final 

Rule Briefing Packages provides 

strengthened warning label 

recommendations to address this hazard 

pattern. As proposed in the NPR, the 

Commission is finalizing the rule with 

revised warning labels to address this 

hazard. 

6. Hazard Pattern—Fit Issues 

Twenty-two percent (31 out of 139) of 

fatal incidents and 26 percent (91 out of 

355) nonfatal incidents, including 11 

fatal incidents and three nonfatal 

incidents identified since the NPR, were 

associated with the fit of a crib mattress 

in the sleeping environment.52 In these 

reports, gaps between the crib mattress 

and the crib rail or play yard mesh, on 

one or more sides around the perimeter 

of a crib mattress, created a wedging or 

entrapment hazard. ASTM F2933–21 

contains a mattress dimensional 

conformity test intended to address this 

hazard. However, staff found from 

visual inspection and measurement of 

mattresses tested, that tight-fitting 

sheets over crib mattresses can create 

gaps between the corners of the mattress 

and the interior corner of the crib, 

creating an entrapment hazard, as seen 

in Photo 1. Accordingly, ASTM F2933– 

21 does not adequately address 

entrapment hazards between the crib 

mattress and the side of a crib or play 

yard. 

a. Mattress Compression 

To strengthen the standard, the 

Commission is finalizing the rule with 

the sheet compression test, as proposed 

in the NPR, with modifications to 

address the fit issues caused by a tightfitting sheet. 

The NPR proposed a test method to 

address the hazard associated with 

tight-fitting sheets that compressed a 

crib mattress to create potentially 

hazardous gaps. The test method had a 

conditioned fitted sheet placed on a 


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Photo 1. Reenactment of a head entrapment in a comer gap. 

Source: CPSC in-depth investigation 
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8653 

53The dimensional requirements are unchanged 

in ASTM F2933–21. 

54The 5th percentile head breadth, i.e., the 

maximum breadth of the head above and behind the 

ears, of children 0 to 3 months old is approximately 

3.66 inches; Snyder, R.G., Schneider, L.W., Owings, 

C.L., Reynolds, H.M., Golomb, D.H., & Schork, M.A. 

(1977). Anthropometry of Infants, Children and 

Youths to Age 18 for Product Safety Design (Report 

No. UM–HSRI–77–17). Prepared for the U.S. 

Consumer Product Safety Commission, Washington, 

DC. 

full-size crib mattress. The mattress 

with the sheet was required to meet all 

dimensional requirements in ASTM 

F2933–19.53 In addition, measured 

corner gaps were required to be less 

than 2.25 inches in length, based on the 

fifth percentile head breadth of 0- to 3- 

month-old infants,54 the alreadyallowed maximum gap of 1 inch 

between the sides of the crib mattress 

and the sides of the crib, and a 0.5-inch 

margin of safety. 

After publication of the NPR, ASTM 

members discussed the NPR test 

methods during ASTM crib mattress 

subcommittee and task group meetings 

on November 10, 2020, December 3, 

2020, and February 16, 2021. At these 

meetings, ASTM members expressed 

that for the ASTM voluntary standard, 

they were not in favor of the test method 

proposed by CPSC in the NPR. Members 

stated that crib mattress sheets can vary 

widely in quality and size; and that by 

assuming the maximum gap of 1 inch 

between the sides of the crib mattress 

and the sides of the crib, the test method 

unfairly penalized larger mattresses. 

Additionally, ASTM members pointed 

out that the dimension measurement 

method in ASTM F2933 was established 

with soft materials in mind, and that the 

NPR-proposed test method was overly 

restrictive for mattresses, by 

compressing them twice, due to the 

requirement that this measurement be 

conducted with the sheet installed. 

The ASTM task group decided to 

develop an alternative test method, 

presented during meetings on February 

25, 2021, and June 9, 2021. In this test 

method, the maximum allowable 1-inch 

gap is applied to the minimum 

allowable mattress dimensions of 51.625 

inches x 27.25 inches, to create a 

rectangle measuring 52.625 inches x 

28.25 inches. This rectangle is the 

projected crib interior. Then, using the 

head breadth dimension proposed by 

staff (3.66 inches) minus a 0.51-inch 

margin of safety, a line is marked 3.15 

inches away from the projected crib 

interior corner, at an angle of 45 degrees 

to each of the projected crib sides. A 6- 

inch-high x 6-inch-wide wood block is 

then used to apply a 2-pound force to 

the corner of the mattress to recreate the 

compression force of a fitted sheet. If the 

front of the block moves beyond the 

marked line, then the mattress fails. The 

test is repeated in each corner. ASTM 

has not balloted the proposed test 

method. 

ASTM members expressed two 

primary reasons against the test method 

proposed in the NPR. First, ASTM 

members stated that crib mattress sheets 

can vary widely in quality and size. 

Some public comments agree with this 

point, suggesting fitted sheets should 

have separate performance requirements 

addressed by the ASTM infant bedding 

subcommittee. CPSC staff has engaged 

with members of the ASTM Infant 

Bedding Task Group to reduce the risk 

of ill-fitting crib mattress fitted sheets 

and improve sheet performance. 

Regardless, a crib mattress should not 

allow a poorly fitted sheet to adjust its 

dimensions and create a hazardous gap. 

Staff will continue working with 

ASTM’s Infant Bedding Task Group to 

address quality concerns regarding 

fitted sheets intended for crib 

mattresses, and thereafter, will work 

with the ASTM Crib Mattress 

subcommittee to refer to these 

requirements, as applicable. However, 

for the final rule, test laboratories can 

determine the most appropriate sheet 

for the test, meaning a crib mattress 

sheet that fits the crib mattress snugly 

and can be wrapped around the four 

corners. The Commission did not 

receive comments that suggested 

additional methods to improve the sheet 


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Figure 1. Test fixture proposed by ASTM, as interpreted by CPSC staff. 
8654 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

55Staff notes that of the 11 mattresses tested for 

the NPR, all of which were larger than the 

minimum size, none failed the draft proposed test 

method. 

selection process. Accordingly, based on 

available data, the test method proposed 

in the NPR is the most accurate test 

method to test for hazardous gaps 

caused by sheet compression. 

Second, ASTM members stated that 

the proposed test has the potential to be 

overly restrictive towards mattresses 

that are larger than the minimum 

allowable size. Some public comments 

make the same point. CPSC agrees with 

ASTM members and public comments 

on this point.55 The proposal in the NPR 

assumed that every mattress would have 

the 1-inch maximum allowable gap 

between the crib and the crib mattress, 

regardless of size. This assumption is 

overly restrictive towards mattresses 

that were designed to fill the space 

between the crib and crib mattress. The 

final rule improves the test method to 

address this point, by incorporating 

projected crib dimensions that consider 

the maximum allowable crib interior 

dimensions of 53 inches x 285⁄8 inches 

to be an appropriate position, because a 

crib with the maximum interior 

dimensions will be the worst-case 

product to consider hazardous corner 

gaps. Accordingly, the final rule 

incorporates changes to the 

measurement method, such that the 

corner gap is measured from the 

projected corner of a crib, as described 

in section VIII of this preamble. 

Additionally, ASTM members 

commented that the mattress 

measurement method described in 

section 6.2 was established with 

concerns about foam compression in 

mind. As mentioned in the appendix of 

ASTM F2933–21, the rationale for using 

a dynamic measuring box was ‘‘to 

provide a more repeatable measurement 

that would take away the variability 

caused by soft materials.’’ The test 

method proposed in the NPR would 

have repeated these measurements with 

the fitted sheet on the mattress, 

essentially compressing the mattress 

twice when taking dimension 

measurements. In response to these 

comments, the final rule removes the 

requirement that the mattress with the 

fitted sheet must meet the same 

dimension requirements as the mattress 

without the fitted sheet. Instead, the 

final rule requires the corner gap 

measurement to be taken separately 

from the dimension measurements. 

b. After-Market Mattresses for Play 

Yards and Non-Rectangular, Non-FullSize Cribs 

ASTM F2933–21 also includes 

provisions to address fit issues with 

after-market mattresses for play yards 

and non-rectangular, non-full-size cribs. 

These provisions require that aftermarket mattresses meet the same 

requirements as OEM play yard and 

non-full-size crib mattresses, as 

specified in ASTM F406. The 

dimensional requirements for aftermarket non-full-size crib mattresses in 

section 5.9 of ASTM F2933–21 currently 

only apply to non-rectangular, non-fullsize crib mattresses, and the 

dimensional requirements in section 5.7 

of the standard only apply to OEM nonfull-size crib mattresses. This is 

consistent with staff’s assessment of 

ASTM F2933–19 in the NPR. Although 

labeling requirements in section 7 of the 

standard apply to all non-full-size crib 

mattresses, regardless of shape, or 

whether they are after-market or OEM, 

ASTM F2933–21 contains no 

dimensional requirements that apply to 

after-market, rectangular, non-full-size 

crib mattresses. To address this gap in 

the standard, the final rule modifies 

section 5.7 of ASTM F2933, as 

proposed, to apply the dimensional 

requirements to all non-full-size crib 

mattresses, regardless of shape or 

whether they are provided with the crib 

or sold after-market. The Commission is 

also finalizing the modification to 

section 5.9 of ASTM F2933, as 

proposed, to remove non-full-size cribs 

from that section and to clarify 

requirements for after-market play yard 

mattresses. 

7. Hazard Pattern—Found Prone 

Fifty-four percent (75 out of 139) of 

fatal and 1 percent (3 out of 355) of 

nonfatal incidents, including nine fatal 

incidents identified since the NPR, are 

associated with infants found in a prone 

position on a crib mattress, without any 

mention of the face being in contact 

with the mattress or crib sheet, and no 

mention of the face being obstructed by 

other crib bedding or other items in the 

sleep environment. ASTM F2933–21 

does not address this hazard pattern 

with a performance test; however, it 

does address it with warning labels. The 

Human Factors assessment in Tab D of 

Staff’s Final Rule Briefing Package 

provides warning label 

recommendations to strengthen the 

standard to address this hazard pattern. 

The Commission will finalize the rule, 

as proposed, with revised warning 

labels to address this hazard. 

8. Hazard Pattern—Mattress Falling 

Apart 

Five percent (18 out of 355) of 

nonfatal incidents are associated with 

mattresses falling apart. Staff did not 

identify any new incidents since the 

NPR. In most of these reports, the seams 

of the mattresses unraveled, causing a 

strangulation hazard because the thread 

or cord used for stitching the mattress 

was exposed. This failure also resulted 

in a choking or ingestion hazard because 

the inner filling came out of the mattress 

in small pieces and into the sleep 

environment of the crib. ASTM F2933– 

21 adequately addresses this hazard 

with a mattress seam-stitching 

requirement and small parts 

prohibition. 

9. Hazard Pattern—Softness 

Fifteen percent (55 out of 355) of 

nonfatal incidents, including 19 

incidents identified since the NPR, are 

associated with mattress softness. 

Mattress softness hazards include 

depressions or indentations found in the 

crib mattress that could increase the risk 

of asphyxia. Twelve of these 55 

incidents relate to bending, buckling, or 

mattress compression occurring when a 

crib sheet was placed on a mattress, 

shrinking the mattress, and creating an 

entrapment hazard. ASTM F2933–21 

does not address firmness or softness 

hazards; nor does it address mattress 

buckling. However, other international 

standards, Australian/New Zealand 

Standard (AS/NZS) 8811.1:2013, and 

EN 16890:2017, Children’s Furniture— 

Mattresses for Cots and Cribs—Safety 

Requirements and Test Methods, both 

address mattress firmness. 

The NPR proposed a firmness test 

method based on the AS/NZS 

8811.1:2013 test method for firmness. 

After the Commission issued the NPR, 

CPSC staff continued to engage with 

ASTM to address the hazard pattern 

created by soft crib mattresses in the 

ASTM standard. ASTM members 

discussed this firmness test at ASTM 

crib mattress subcommittee and task 

group meetings on November 10, 2020, 

December 3, 2020, and February 16, 

2021. At these meetings, ASTM 

members agreed that a firmness test was 

needed in the standard, but debated 

whether the AS/NZS 8811.1 protocol or 

the EN 16890 protocol would be more 

appropriate. Some members agreed with 

CPSC staff’s assessment that the AS/ 

NZS 8811.1 protocol was more 

appropriate, and found that test results 

using the EN 16890 protocol could be 

difficult to interpret. Other ASTM 

members disagreed, stating that the AS/ 

NZS 8811.1 protocol did not produce 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8655 

56Stitching patterns often contribute to uneven 

surfaces on crib mattresses. 

57See NPR at 85 FR 67913–14 and 67918 for a 

discussion of the AS/NZ 8811.1:2013 test for 

mattress firmness. 

58The NPR contained an explanation of the 

proposed modifications to the warnings associated 

with crib mattresses. 85 FR 67918–21. Staff’s NPR 

Briefing Package at Tab F contains additional 

details on the basis for the Commission’s proposed 

modifications to the marking, labeling, and 

instructional literature requirements for crib 

mattresses. Staff’s Final Rule Briefing Package at 

Tab D explains the clarifications made in the final 

rule, compared to the NPR. 

59All three elements may not be necessary in 

some cases, such as if certain information is open 

and obvious or can be readily inferred by 

consumers. However, people often overestimate the 

obviousness of such information to consumers. 

60The NPR discusses safety information 

inadequacies at 85 FR 67918–21. 

consistent results and the EN 16890 

protocol was more appropriate. ASTM 

members did not provide supporting 

evidence for this conclusion. ASTM 

members agreed to test and compare 

results using both protocols after the 

February 16, 2021 meeting. 

At a June 10, 2021 subcommittee 

meeting, several ASTM members 

reported that they had conducted testing 

using one or both of the firmness 

protocols, and they repeated the 

assertion that the EN 16890 protocol 

should be favored. One member stated 

that the AS/NZS 8811.1 protocol results 

could be inconsistent if the test was not 

conducted on a flat surface.56 ASTM 

members provided no detailed test 

results, and none were discussed at this 

meeting. 

For the NPR, staff compared the AS/ 

NZS 8811.1:2013 and EN 16890, section 

8.2.3 test protocols for firmness, and 

they found that the AS/NZS 

8811.1:2013 test method was more 

stringent.57 CPSC staff came to this 

conclusion after comparing test results 

obtained using each protocol on 11 fullsize crib mattresses. Only one mattress 

failed the firmness tests outlined in each 

standard. The mattress was a two-stage 

mattress, indicating it had a firmer side 

intended for infants and a softer side 

intended for toddlers. Both sides of the 

mattress failed the AS/NZS protocol. 

The mattress failed the EN 16890 

protocol only on the ‘‘toddler’’ side, 

which is intentionally made softer. 

Additionally, for the NPR staff found 

that the AS/NZS 8811.1:2013 test 

protocol is more repeatable and is easier 

to discern when a mattress does not 

meet the performance requirements, as 

compared to the EN16980 method. 

Some ASTM members and public 

comments stated that the AS/NZS 

8811.1:2013 test protocol does not 

provide consistent test results, but they 

have not provided evidence to support 

this conclusion. Staff’s testing has not 

indicated any such issues. Some ASTM 

members agreed with staff’s assessment 

of AS/NZS 8811.1:2013, and some 

public comments, reviewed in section 

VII of this preamble, supported the use 

of AS/NZS 8811.1:2013 to determine 

whether a mattress was too soft. 

Accordingly, to address mattresses that 

are too soft, for the draft final rule, the 

Commission will finalize the rule, as 

proposed, by adding a test for mattress 

firmness for all crib mattresses within 

the scope of the standard, based on 

sections 6 and 8 in the AS/NZS 8811.1 

mattress firmness test. 

10. Hazard Pattern—Multiple 

Contributing Factors 

Multiple contributing factors 

accounted for 11 percent (15 out of 139) 

of fatal and 5 percent (19 out of 355) 

nonfatal incidents, including two 

nonfatal incidents identified since the 

NPR. Examples of contributing factors 

are: Entrapment between the mattress 

and crib bumper pads, limb entrapment 

between the mattress and a crib rail, crib 

occupant usage of a swaddle, sharing of 

the crib with another infant, and 

congenital or recent health conditions of 

infants. ASTM F2933–21 adequately 

addresses these hazards in the general 

requirements sections. ASTM F2933–21 

also addresses these hazards with safety 

information requirements, but these 

requirements are inadequate. Tab D of 

Staff’s Final Rule Briefing Package, and 

section VI.B of this preamble, outline 

the human factors assessment of the 

ASTM F2933–21 requirements for safety 

information and the modifications 

required in this final rule. As proposed 

in the NPR, the Commission is 

finalizing the rule with revised safety 

information to address this hazard. 

11. Hazard Pattern—Other 

Two percent (6 out of 355) of nonfatal 

incidents involved miscellaneous other 

issues associated with a crib mattress. 

Staff did not identify any new incidents 

since the NPR. Reports include: A blade 

found in a crib mattress; an infant’s arm 

‘‘tangled in a crib mattress’’; an infant 

‘‘slipped on a crib mattress,’’ causing a 

slat entrapment; an infant’s arm ‘‘stuck 

on a crib mattress’’; a crib mattress is too 

thick; a crib mattress had a loose plastic 

bag for a cover; and a concern about crib 

mattresses not having proper warning 

labels to direct caregivers to place 

infants on their backs when putting 

them down in a crib. Foreign objects are 

generally not addressable in product 

standards. For three of these incidents, 

staff could not determine the exact 

cause of the incident, or whether ASTM 

F2933–21 was the appropriate standard 

to address the hazard. ASTM F2933–21 

warning label requirements include a 

statement that says to place infants on 

their backs to sleep, and to ‘‘only use 

sheets and mattress pads designed 

specifically for crib mattresses.’’ 

B. Adequacy of Marking, Labeling, and 

Instructions 58

Universally, labeling experts view 

warning about a hazard as less effective 

at addressing hazards than designing the 

hazard out of a product, or guarding the 

consumer from the hazard. The use of 

warnings is lower in the hazard-control 

hierarchy than design-based 

approaches, because the effectiveness of 

the warning depends on persuading 

consumers to alter their behavior in 

some way to avoid hazards, rather than 

eliminating hazards or inhibiting 

exposure to hazards. Therefore, when a 

standard relies on warnings to address 

a hazard, warning statements must be as 

strong as possible; i.e., the warnings 

must be noticeable, understandable, and 

motivating. The primary U.S. voluntary 

consensus standard for product safety 

signs and labels, ANSI Z535.4, 

American National Standard for 

Product Safety Signs and Labels, 

recommends that on-product warnings 

include content that addresses the 

following three elements: 59

• A description of the hazard; 

• information about the consequences 

of exposure to the hazard; and 

• instructions regarding appropriate 

hazard-avoidance behaviors. 

Section 7 of ASTM F2933 specifies 

requirements for marking and labeling 

for full-size crib mattresses, non-fullsize crib mattresses, and after-market 

mattresses for play yards and non-fullsize cribs. In the NPR, the Commission 

stated that, based on CPSC staff’s 

examination of literature, incident data, 

and consumer feedback, the crib 

mattress warnings specified in ASTM 

F2933–19 did not adequately address 

these warning elements regarding the 

identified hazards. Although the 

standard contained warnings pertaining 

to infant positioning, soft bedding, and 

gap entrapment, the wording and 

formatting of the warning message 

needed to be improved to communicate 

the hazards effectively.60 The 

Commission’s NPR recommended the 

following changes to the safety 

information requirements specified in 

ASTM F2933–19: 

• Clarifying the definition of 

‘‘conspicuous’’ in section 3, 

Terminology; 


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61The ESHF memorandum in CPSC staff’s NPR 

briefing package details staff’s findings regarding 

the prevalence in incident data of infant prone 

positioning, soft bedding, and mattress size/corner 

gaps. 

62The 2014 ‘‘Durable Nursery Products Exposure 

Survey (DNPES): Final Summary Report,’’ by 

Westat, details the findings of a survey conducted 

in 2013, which collected information about durable 

infant and toddler products. 

63The 2019 ‘‘Consumer Product Safety 

Commission (CPSC): Caregiver Perceptions and 

Reactions to Safety Messaging Final Report’’ (Safety 

Messaging Report) by Fors Marsh Group, 

summarizes focus group research and a literature 

review pertaining to safe sleep practices in various 

products, including cribs and play yards. 

64For example, Joyner et al. (2009) as cited in the 

Safety Messaging Report, posited that caregivers are 

likely to trust implicitly the safety of products 

under the misconception that if a product is sold 

to the public, then it is likely safe to use. Staff finds 

this common misconception particularly likely with 

regards to infant products; the greater vulnerability 

of infants to product hazards is likely to support the 

expectation of caregivers that infant products are 

designed to be safe. 

65ANSI Z535.4, American National Standard for 

Product Safety Signs and Labels, is the primary U.S. 

voluntary consensus standard for product safety 

signs and labels. 

66ASTM juvenile products standards have begun 

adopting ‘‘Ad Hoc’’ recommendations since 2016, 

to increase the consistency of on-product warning 

design among juvenile products, and to address 

numerous warning format issues related to 

capturing consumer attention, improving 

readability, and increasing hazard perception and 

avoidance behavior. 

67Since May 2018, CPSC staff has been 

participating in ASTM F15.66 to address the 

identified hazards. Subcommittee members include 

manufacturers, safety and health advocacy groups, 

and other critical stakeholders. Changes to ASTM 

F2933 proposed by ASTM F15.66 have been 

balloted by ASTM F15 (see discussion of ASTM 

Ballot F15 (21–02), below). 

68See Appendix B to Staff’s Final Rule Briefing 

Package. 

69 Detailed in the NPR package, SIDS is a 

subcategory of SUID that refers to infant deaths that 

cannot be explained after a thorough case 

investigation. 

• Improving marking and labeling 

requirements in section 7, Marking and 

Labeling; and 

• Adding instructional literature 

requirements in a new section 8, 

Instructional Literature. 

The NPR explained that CPSC staff 

considered incident data,61 results from 

survey 62 and focus group research,63

relevant literature,64 requirements in 

ANZI Z535.4,65 recommendations from 

the ASTM Ad Hoc Language Task 

Group,66 and suggestions from other 

stakeholders participating in the ASTM 

F15.66 subcommittee on crib mattresses 

and the greater ASTM F15 committee on 

consumer products.67 Since the NPR 

published, CPSC received comments 

from the public pertaining to the NPR’s 

safety information requirements. 

Section VII of this preamble contains 

comment summaries and the 

Commission’s responses. Two of the 

comments requested that staff continue 

collaborative efforts with ASTM to 

address weaknesses in safety 

information requirements for crib 

mattresses. Below we describe 

warnings-related ASTM activities and 

changes in the final rule intended to 

further improve the safety of crib 

mattresses. Appendix A to Tab D of 

Staff’s Final Rule Briefing Package 

contains a side-by-side comparison of 

the NPR, ASTM’s latest 

recommendations, and the final rule. 

1. ASTM Subcommittee Activities and 

ASTM F2933 

After the NPR published, staff 

continued to work with ASTM F15.66 to 

address deficiencies in the safety 

information requirements in ASTM 

F2933. ASTM F15 balloted revised 

sections of the standard, closing on 

April 12, 2021. The ballot, F15 (21–02), 

addressed safety information 

requirements in item 13, Revision of 

F2933–2019 Consumer Safety 

Specification for Crib Mattresses 

WK72077. The ballot item received 

three negative votes, two of which were 

administrative. One negative vote, 

submitted by CPSC staff on April 6, 

2021, included a letter identifying 

deviations from the NPR.68 On June 9, 

2021, ASTM F15.66 reviewed staff’s 

letter, and voted on whether the letter 

was persuasive. Several attendees 

shared rationales for some of the 

substantive deviations from the NPR, 

which we discuss below. 

ASTM members stated that the NPR 

includes SIDS (Sudden Infant Death 

Syndrome) in the hazard identifier (i.e., 

‘‘SIDS AND SUFFOCATION 

HAZARDS’’), which in the balloted 

version reads: ‘‘SUFFOCATION 

HAZARD.’’ In addition to requesting 

rationale for this incongruity, staff asked 

ASTM F15.66 to discuss a public 

comment on the NPR, which 

recommends making the hazard 

identifier active; i.e., ‘‘Help Prevent 

SIDS and Suffocation.’’ Several ASTM 

members argued that the hazard 

identifier should remain as balloted to 

keep the focus on the suffocation 

hazard, which they believed to be the 

most important message. ASTM 

members also claimed that SIDS is 

already well known, and therefore, it 

does not need to be included in the 

hazard identifier. As discussed in Staff’s 

NPR Briefing Package and staff’s ballot 

letter, the Commission agrees with staff 

that it is important to include ‘‘SIDS’’ in 

the hazard identifier for numerous 

reasons, including the following: (1) 

SIDS, in addition to suffocation, is cited 

frequently in reports of fatal incidents; 

(2) several statements in the warning 

label address the SIDS hazard; and (3) 

SIDS, by definition, is a poorly 

understood hazard, and consumers are 

more likely to read the warning message 

if they know it includes actions by 

which to limit the risk of SIDS.69

The NPR prioritized the prone sleep 

message, ‘‘ALWAYS place baby on back 

to sleep to reduce the risks of SIDS and 

suffocation,’’ directly after the hazard 

identifier. In ASTM’s balloted version, 

this message appears much lower in the 

warning label. Several ASTM members 

argued that addressing the suffocation 

hazard involving soft bedding needs to 

be the primary thrust of the warnings, 

and that the prone sleep message should 

be lower in the warning. The 

Commission’s prioritization of the prone 

sleep message, which is supported by a 

public comment, is important for 

communicating to consumers the most 

common hazardous use pattern that staff 

observed in fatal crib mattress incidents. 

As detailed in Tab B of Staff’s Final 

Rule Briefing Package, and Tab A of 

Staff’s NPR Briefing Package, the 

majority of the deaths involved prone 

positioning, often with no other known 

contributing factors. The prone sleep 

message needs to be communicated 

foremost, and the likelihood that 

consumers will see this critical message 

will be improved by placing it at the top 

of the warning label. Prioritizing the 

prone sleep message will not make it 

less likely that consumers will read and 

follow the messages pertaining to 

suffocation from soft bedding, which are 

emphasized in the label, because the 

prone sleep message is followed by a 

suffocation-specific heading (i.e., 

‘‘Babies have suffocated’’) and several 

statements, including bulleted points, 

about soft bedding. The arrangement of 

warnings in the final rule increases the 

likelihood that consumers will be made 

aware of the SIDS and suffocation 

hazards in the event that they read only 

the first half of the label. 

The NPR included the following 

additional requirements for after-market 

mattresses for rigid-sided, rectangular, 

non-full-size cribs: (1) All warnings 

added by the original manufacturer in 

addition to those required by this 

standard; (2) assembly/attachment 

instructions that were provided on the 

original mattress; and (3) the brand(s) 

and model(s) number(s) of the 

product(s) in which the mattress is 

intended to be used. In ASTM’s balloted 

version, these requirements apply only 

to mesh/fabric-sided products and rigidsided non-rectangular products. Several 

ASTM members argued that these 

warnings are not suitable for afterVerDate Sep<11>2014 21:03 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\15FER2.SGM 15FER2

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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8657 

70See Ballot F15 (21–02), item 13, note 7 in 

Appendix A to Tab D of Staff’s Final Rule Briefing 

Package. 

market mattresses for rigid-sided, 

rectangular products, claiming that 

there are standard sizes for rigid-sided 

rectangular products. CPSC staff advises 

that this claim is not factual; excluding 

full-size cribs, there are no official 

standardized interior dimensions of 

rigid-sided, rectangular non-full-size 

cribs. ASTM F406–19, the applicable 

mandatory standard, requires only that 

the interior length dimension is either 

greater than 55 in. (139.7 cm) or smaller 

than 49–4 in. (126.3 cm), and/or the 

interior width dimension is greater than 

30 8 in. (77.7 cm) or smaller than 25– 

8 in. (64.3 cm). Considering that this 

subsection of the rule excludes full-size 

cribs, the final rule includes the NPRproposed language, thereby ensuring 

that consumers see the additional 

information for after-market mattresses 

for rigid-sided, rectangular, non-full-size 

cribs. 

The NPR included requirements for 

instructional literature. These 

requirements are consistent with 

recommendations from the ASTM Ad 

Hoc Language Task Group. Several 

ASTM members argued that instructions 

are unnecessary for crib mattresses, 

alleging use of the products is intuitive 

and that relevant information is 

provided in the on-product labels. In 

addition to aligning with Ad Hoc 

recommendations, given the 

significance of the hazards, it is 

important to incorporate another 

medium, i.e., instructional literature, by 

which to communicate the SIDS and 

suffocation hazards to consumers. The 

NPR demonstrated through incident 

data and research involving surveys and 

focus groups that consumers continue to 

use crib mattresses in ways contrary to 

the proposed safety information. Given 

the inherent limitations of safety 

information, which depends on 

persuading consumers to behave 

differently and perhaps inconveniently 

(such as repositioning a sleeping infant), 

multiple mediums are critical to 

communicate hazard-avoidance 

behaviors to consumers to motivate 

consumer actions. 

In a June 9, 2021 ASTM meeting, staff 

raised additional concerns, including 

the following: (1) The word ‘‘product’’ 

was used in the ASTM balloted item to 

refer to both crib mattresses and 

structures (cribs, non-full-size cribs, and 

play yards); and (2) the ASTM balloted 

item used ‘‘should’’ instead of ‘‘shall’’ in 

reference to required labeling specifying 

maximum gaps between the mattress 

and product sides, and that the 

reference was made in a ‘‘Note,’’ which, 

by definition, is not mandatory.70 The 

ASTM subcommittee agreed that these 

additional concerns were valid, but 

determined that the ballot should not be 

delayed, and that further improvements 

would be considered in the future. 

Subcommittee voting members voted on 

whether CPSC staff’s negative was nonpersuasive, and the motion passed with 

11 affirmatives, one negative, and six 

abstentions. The full F15 committee 

upheld the subcommittee’s nonpersuasive finding on August 2, 2021 

(ballot F15 (21–05), item 8). Therefore, 

a further revision of ASTM F2933–21 

was approved on September 1, 2021, 

and CPSC expects the revision will be 

published around the end of September 

2021. However, this future revision will 

remain inconsistent with the final rule, 

and for the reasons detailed in this 

preamble and Tab D of Staff’s Final Rule 

Briefing Package, the Commission will 

not include ASTM’s revision in the final 

rule. 

ASTM included the following 

additional deviations in the ballot (F15 

(21–02), item 13), which were not 

sufficiently discussed in the June 9, 

2021 meeting, and the Commission did 

not receive direct comments on the NPR 

pertaining to these deviations. However, 

consistent with comments on the NPR, 

which requested that CPSC consider 

ongoing ASTM activities, we assessed 

whether these deviations added to the 

safety of crib mattresses. One such 

deviation was placement of the 

following warning message lower in the 

label than in the NPR: ‘‘DO NOT cover 

the faces or heads of babies with a 

blanket or over-bundle them. 

Overheating can increase the risk of 

SIDS.’’ Staff advises that this important 

warning should not appear towards the 

bottom of the label, located below a 

detailed explanation of how to identify 

hazardous gaps. The label already 

includes a warning pertaining to gaps 

above this warning about overheating, 

and staff reiterates the importance of 

addressing the hazardous uses early on 

in the label, as text lower in the label 

is less likely to be read. Additionally, 

the warning label layout proposed in the 

NPR positions the gap measurement 

message directly above the related 

interior dimensions message for cribs, 

and closer to other required statements 

pertaining to product size. 

ASTM’s balloted item also deviated 

from the NPR regarding the packaging 

requirements. The NPR-proposed 

packaging requirements incorporated 

recommendations from the ASTM Ad 

Hoc Language Task Group. The ASTMballoted packaging requirements expand 

on these Ad Hoc recommendations, 

including product-specific clarifications 

and incorporating formatting 

requirements from section 7.4 of ASTM 

F2933–21. After further consideration, 

CPSC agrees that some of these changes 

may further improve the safety of crib 

mattresses, while other changes are 

merely editorial and do not add to the 

safety of crib mattresses. Accordingly, 

the final rule continues to align with the 

ASTM Ad Hoc committee’s 

recommendations for packaging 

requirements. 

2. Final Rule Warnings Clarifications 

As requested in comments on the 

NPR, staff continued efforts with ASTM 

to further improve the safety 

information requirements for crib 

mattresses. Based on these 

communications and ASTM F15’s 

balloted changes to safety information to 

be incorporated into ASTM F2933–21, 

the final rule includes modifications to 

safety information, to further reduce the 

risks of death and serious injury 

associated with crib mattresses. 

Appendix A to Tab D of Staff’s Final 

Rule Briefing Package contains a redline 

of all modifications in the final rule. 

• In section 3.1.2, changed 

‘‘conspicuous, adj—visible while the 

mattress is being placed in its intended 

use position,’’ to ‘‘conspicuous, adj— 

visible when the mattress is being 

handled by a consumer placing the 

mattress in its intended use position in 

a product.’’ This change aligns with the 

latest consensus ballot by ASTM F15, 

and clarifies the intended meaning of 

‘‘conspicuous’’ in the NPR-proposed 

language, that the warning should be 

conspicuous to the consumer. 

• In section 7.4.6.2, changed ‘‘The 

text in each column needs to be 

arranged in list or outline format, with 

precautionary (hazard avoidance) 

statements preceded by bullet points,’’ 

to ‘‘The text in each column should be 

arranged in list or outline format, with 

precautionary (hazard avoidance) 

statements preceded by bullet points.’’ 

This change, from the mandatory 

language of ‘‘needs to’’ to the 

recommended language of ‘‘should,’’ 

aligns with the latest recommendations 

from Ad Hoc and the consensus ballot 

by ASTM F15. This change recognizes 

the importance of providing 

manufacturers with flexibility in 

arranging the bulleted hazard avoidance 

statements based on mattress-specific 

requirements, where appropriate. 

• In section 7.5, changed ‘‘The blank 

in the mattress fit statement beginning 

with ‘If a gap is larger than,’ needs to be 


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8658 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

71See Appendix A to Tab D of Staff’s Final Rule 

Briefing Package, Figures 10 and 11, for examples 

of the draft final rule warnings for non-full-size crib mattresses and after-market mattresses for play 

yards and non-full-size cribs. 

filled with ‘13⁄8 in. (3.5 cm)’ for full-size 

crib mattresses and ‘1 in. (2.5 cm)’ for 

all other mattresses,’’ to ‘‘The blank in 

the mattress fit statement beginning 

with ‘If a gap is larger than,’ needs to be 

filled with ‘11⁄2 in. (3.8 cm)’ for full-size 

crib mattresses and ‘1 in. (2.5 cm)’ for 

all other mattresses.’’ This change for 

full-size crib mattresses from 13⁄8 inches 

to 11⁄2 inches aligns with the latest 

consensus ballot by ASTM F15. This 

change results in a minor conflict 

between the warning message and the 

maximum gap afforded by the 

performance requirements (i.e., a 

conflict of 1⁄8 in.); however, CPSC agrees 

with ASTM F15.66, which determined 

by consensus the following: The 

difference of 1⁄8 inch is unlikely to 

reduce the safety of full-size crib 

mattresses, the conflict is unlikely to 

confuse consumers (they are unlikely to 

be familiar with the requirements in the 

standard), and the new measurement 

(11⁄2 in.) is more tangible for consumers 

to estimate, thereby, increasing the 

likelihood of consumers attempting to 

measure, and accurately measuring, 

gaps between the full-size crib mattress 

and side walls of the full-size crib. 

• In section 7.5.3, changed 

‘‘Manufacturers are permitted to include 

additional warnings between the 

warnings specified in 7.5 and 7.6 if 

desired,’’ to ‘‘Additional manufacturer 

warnings are permitted between the 

warnings specified in 7.5 and 7.6, if 

desired.’’ This editorial change clarifies 

further the allowance in the rule, and it 

is consistent with the latest consensus 

ballot by ASTM F15. 

• Section 7.8 includes several 

changes to the requirements for retail 

packaging, as specified in Appendix A 

to Tab D of Staff’s Final Rule Briefing 

Package. These changes take into 

consideration the latest consensus ballot 

by ASTM F15, and further improve the 

safety of crib mattresses by: (1) 

Incorporating formatting requirements 

from section 7.4, and (2) clarifying the 

warnings and statements required for 

specific mattress types. 

• Renumber Figures 7–10 to Figures 

8–11. This shift in numbering accounts 

for an additional figure added to ASTM 

F2933–21, Section 6, as part of the final 

rule, as discussed in Tab C of Staff’s 

Final Rule Briefing Package. 

• For Figure 10, now renumbered as 

Figure 11, changed the caption from 

‘‘Example of Warning Label for AfterMarket Mattress for Rigid-Sided 

Rectangular Products. Items italicized in 

brackets are to be added as appropriate. 

The blanks are to be filled in as 

appropriate,’’ to ‘‘Example of Warning 

Label for After-Market Mattress for 

Rigid-Sided, Rectangular, Non-Full-Size 

Cribs. Items italicized in brackets are to 

be added as appropriate.’’ This change 

provides an important clarification that 

the example is not for full-size crib 

mattresses; full-size crib mattresses have 

a different warning label than these 

products. 

To illustrate the changes to the 

warning labels, Figure 3 below shows a 

comparison of warning label examples 

from the NPR-proposed label, the latest 

consensus ballot label to be 

incorporated into ASTM F2933–21, and 

final rule warning labels for full-size 

crib mattresses.71

VII. Response to Comments 

The Commission received 13 

comments on the NPR before the 

comment period closed on January 11, 

2021, and two late-filed comments, in 

July and September 2021. You can 

access comments by searching for 

docket number CPSC–2020–0023 at 

http://www.regulations.gov. The 

comments fell into several broad 

categories: (1) Testing requirements and 

modifications; (2) after-market mattress 

fit for play yards; (3) improving 

communication to caregivers; and (4) 

procedure. Below we summarize and 

respond to the comments by topic. 


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NPR Pcoposed 

Full-Size Crib Mattress Warning 

SIDS AND SUFFOCATKJN HAZAIIIDS 

ALWAYS l)lace baby Oil back 1o sfeeplo reduce 1he 

risks of SIDS and sulfocalion. 

8atJies have lllllful:ated: 

<11'1 pillows, oomforleis, and exllll padding 

in gaps bellNleen a Wlllll!l-<lize mallress, er 

exllll padding, and - Mils ofpmdud. 

NEVER add soft -ing, padding, or an exlra 

mallress. 

USE ONLY one mahss al a time. 

DO NOTcaverlhefacescr-ofballies- a 

lllankel or over-llunlte lllem. OVe~ can 

increase 1he risk of SIDS. 

ALWAYS check mallress lilevay time you change 

Ute lllleets, by pusling mahss ight lo one comer. l..ook fOr any gaps baween hi malbess and 1he side 

wals. lfagapislargerllan1'/•in. t3.5cm}, lhe 

mallress does not fil -do not use ii. 

DO NOT use Ibis mallress in a aib hamg inlerior 

dimensions hi! eooeed ~ by 53 in. (73 by 135 cm} 

as measured limn Ille ilWlermosl ...taces oflhe crl>. 

USE ONLY sheels and mallress pads designed 

specilicaly for clib malllresses. 

DO NOT rerlllNIO llese impodanl safely wamings. 

ASTM Ballot Fl5 (21-02) #13 

Full-Size Crib Mattress Warning 

SUFFOCATION HAZARD 

8atJies have lllllful:ated: 

<11'1 pillows, oomforlelS, and exlra padding 

• in gaps bellNleen a Wlllll!l-<llmlll mallress, er exlra padding, and side Miis ofpmdud. 

NEVER add soll -ing, padding, oran exlra 

mallress. 

ONLY USE one mahss al a time. 

ALWAYS check mallress Iii evay time you change 

Ute "'""'1s by pusling milllress ight ID one comer. 

look fOr 11111' gaps - lie mallress and the side wals. lfagap is larger flan 1.5 in {3.8 cm), do not 

use Ille mallress. 

ALWAYS l)lace baby Oil back lo sleep 1o reduce 1he 

risks of SIDS and sulfocalion. 

DO NOT caverlhe faces er heads ofballies- a 

lllankel or over bundle !hem. Owmealing can 

increase !he risk of SIDS. 

DO NOT use Ibis mallress in a clib hamg inlerior 

dimensions hi! eooeed 2i8 5S by 53 in. (73 by 135 

cm) as..........,.. limnlhe innemloslsurfaces oflhe 

crib. 

ONLY USE sheels and mallress pads designed 

specilicdy for clib malllresses. 

DO NOT rerlllNIO llese impodanl safely insbuclillns. 

Draft Final Rwe 

Full-Size Crib Mattress Warning 

SIDSAIIDSUFFOCATKJNHAZARDS 

ALWAYSl)lace baby Oil llacklosleep1o reduce Ille 

risks of SIDS and suffoc-alion. 

8atJies have lllllful:ated: 

<11'1 pillows, oomforlelS, and exlra padding 

in gaps bellNleen a Wlllll!l--sire mallress, er 

exlra padding, and - Mils of pmdud. 

NEVER add soll -ing, ..-,g, oran exlra 

mallress. 

USE ONLY one mallress al a time. 

DO NOTcaverlhefacescr-ofballies- a 

lllankel or over-llunlte lllem. OVe~ can 

increase !he risk of SIDS. 

ALWAYS check mallress lilevay time you change 

!he lllleets, by pusling milllress ight lo one comer. 

look fllr any gaps baween lhe malbess and lhe - wals. If a gap is larger flan 1 1⁄2 in. (3.8 cm). 1he 

mallress does not Iii -do not use ii. 

DO NOT uselhis mallress in a crib having_ 

dimensions hi! ffllllOed ~ by 53 in. (73 by 135 cm} 

as measuredlimn Ille ilWlermosl ...races oflhe crl>. 

USE ONLY sheels and mallress pads designed 

specilicdy for clib malllresses. 

DO NOT rerlllNIO lhese impmlanl safely wamings. 

Figure 3. Examples ofNPR-proposed (left), ASTM-balloted (middle), and draft final rule (right) warning labels for 

full-size crib mattresses. These labels are not shown in actual size. 
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8659 

72The ISO 23767 test protocol is the same as the 

EN 16890:2017, Children’s Furniture—Mattresses 

for Cots and Cribs—Safety Requirements and Test 

Methods, section 8.2.3 firmness test protocol. 

A. Testing Requirements and 

Modifications 

Comment 1: Commenters generally 

supported requirements for cyclic 

testing of full-size coil spring 

mattresses, but they encouraged 

continued work with ASTM to address 

outstanding issues. 

Response 1: Requirements in the final 

rule for cyclic testing of full-size coil 

spring mattresses are based on staff’s 

work with the ASTM cyclic testing task 

group before the NPR. Since the NPR 

published, staff continued to work with 

the task group to develop this test. The 

task group last met on December 9, 

2020. Public comments specifically refer 

to ASTM work to further define 

requirements for support of the 

plywood/oriented strand board (OSB) 

mattress support board, and to further 

clarify how the test method can allow 

for dual-sided mattresses. Staff advises 

that they generally agree with these 

comments. However, the task group’s 

work has not been balloted, and any 

updates to the test procedure since the 

December 2020 meeting have not been 

made available to staff for review. 

Therefore, for the final rule, the 

Commission is updating the cyclic test 

method by clarifying that the test 

method should be performed on each 

side of the mattress, using different 

mattresses, to address how the test 

should proceed with dual-sided 

mattresses. The Commission does not 

have enough information to proceed 

with any changes to the mattress 

support board. Should ASTM propose 

any updates to the test method in the 

future, the update process under Public 

Law 112–28 provides a method for the 

Commission to consider whether a 

revised test method improves the safety 

of crib mattresses. 

Comment 2: The CPSC received 

several comments related to the 

proposed corner gap test using a twicewashed fitted sheet, including: (1) That 

there should be a shrinkage performance 

requirement for a sheet, in lieu of testing 

mattresses with a shrunken sheet; and 

(2) that each mattress corner should be 

subjected to a certain, unspecified force 

or pressure before measuring the 

subsequent gap, instead of using a 

shrunken sheet. One commenter 

suggested that issues with sheets not 

fitting appropriately are better 

addressed by the ASTM infant bedding 

subcommittee. A commenter stated that 

as currently written, the test 

methodology may result in inconsistent, 

variable test results across testing labs 

and settings, because sheets can vary in 

quality and sizing. The same commenter 

also said the testing methodology may 

penalize full-size crib mattresses 

designed with greater-than-nominal 

dimensions. 

Response 2: Staff advises that issues 

with sheets shrinking or not fitting fullsize-crib mattresses are appropriate for 

the infant bedding subcommittee. The 

ASTM infant bedding subcommittee has 

formed a task group, which held its 

initial meeting on March 22, 2021. CPSC 

staff is a member of the task group and 

participated in the initial meeting. CPSC 

staff will continue working with the 

ASTM infant bedding subcommittee to 

develop appropriate performance 

requirements for fitted sheets. Once that 

work is complete, staff can work with 

the ASTM crib mattress subcommittee 

to refer to new requirements for sheets, 

if appropriate. Staff’s work with the 

ASTM infant bedding subcommittee 

will also help resolve concerns about 

inconsistent test results due to 

variability in sheet quality and sizing. 

The Commission encourages test 

laboratories to identify cotton sheets 

that are the appropriate size for the 

mattress to be tested. 

Addressing the fact that sheets shrink, 

however, does not address the issue of 

mattresses that do not hold their shape 

when sheets are applied. Therefore, the 

final rule contains a test for potentially 

hazardous gaps created when sheets are 

placed on a crib mattress. Staff advises 

that the ASTM subcommittee created a 

task group to work on creating a test that 

uses an appropriate force to apply to 

crib mattress corners, to simulate sheets, 

which could create a more repeatable 

test and more consistent results. 

However, CPSC received no comments 

or test data to support a test protocol, or 

an appropriate force. As noted in the 

NPR, foam mattresses and innerspring 

mattresses have different compressive 

behavior when a sheet is placed on 

them, resulting in inconsistent forces to 

replicate sheet behavior. Staff will 

continue to work with the ASTM 

subcommittee and task group, and if 

ASTM should publish a voluntary 

standard with a revised compression 

test, CPSC can evaluate the updated 

voluntary standard under the revision 

process pursuant to Public Law No. 

112–28. 

For the final rule, in response to 

comments, the Commission will revise 

the method of measuring for the 

compression test. Staff advises that the 

methodology proposed in the NPR may 

be overly restrictive for full-size crib 

mattresses designed to be greater-thannominal dimensions, because the test 

method assumed that every mattress 

would have the 1-inch maximum 

allowable gap between the crib and the 

crib mattress, regardless of size. 

Commenters state that this assumption 

is overly restrictive for mattresses that 

were designed to fill the space between 

the crib and crib mattress. Accordingly, 

to address this comment, the final rule 

modifies the measurement method in 

the test procedure, such that the corner 

gap is measured from a projected crib 

corner. 

Comment 3: Several commenters 

expressed opinions regarding the 

mattress firmness test proposed in the 

NPR. Overall, it appeared that industry 

prefers the mattress firmness test in the 

ISO 23767 standard, Children’s 

furniture—Mattresses for cots and 

cribs—Safety requirements and test 

methods, over the proposed mattress 

firmness test based on the AS/NZS 

8811.1:2013 standard, Methods of 

testing infant products—Method 1: 

Sleep Surfaces—Test. Consumer groups 

expressed support for the test based on 

AS/NZS 8811.1:2013. One consumer 

group submitted an undergraduate 

engineering report describing a potential 

new test fixture for consideration, but 

the submission did not include 

additional information, such as test 

protocols and performance criteria. 

Response 3: The Commission agrees 

with commenters who support a 

firmness test that would address the 

suffocation hazard associated with 

excessively soft mattresses. Although 

several commenters expressed support 

for specific tests, none of the 

commenters provided testing data to 

support the use of one test protocol over 

another. In the NPR, CPSC compared 

the AS/NZS 8811.1:2013 and the ISO 

23767 test protocols 72 for measuring 

mattress firmness, and found that the 

AS/NZS 8811.1:2013 test method was 

more stringent because it resulted in 

failures on more test surfaces. 

Additionally, although the Commission 

appreciates the work to develop a test 

fixture that can be used to compare 

mattress firmness, the undergraduate 

engineering report offers no 

performance criteria by which to judge 

the results. 

Accordingly, based on the available 

data, the Commission will finalize the 

crib mattress rule, as proposed, by 

requiring use of a firmness test based on 

the requirements in AS/NZS 

8811.1:2013 test for mattress firmness. 

CPSC staff continues to work with the 

ASTM subcommittee to investigate 

firmness requirements, as discussed in 

section VI.A of this preamble and Tab 

C of the Staff Final Rule Briefing 


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8660 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

73ASTM F2933–21, section 5.8.1.2. 

74ASTM F2933–21, section 7.5.3.1. 

Package. If ASTM updates the voluntary 

standard to include a different mattress 

firmness test, and the revision is based 

on supporting data, ASTM can provide 

to the Commission the updated standard 

and supporting data for evaluation 

through the update process, pursuant to 

Public Law 112–28. 

B. After-Market Mattress Fit for Play 

Yards 

Comment 4: One commenter stated 

that having standard-sized play yards 

and mattresses could help to address 

mattress fit issues, similar to the method 

employed by full-size cribs and full-size 

crib mattresses. 

Response 4: The play yard and nonfull-size cribs voluntary standard 

(ASTM F406–19, incorporated by 

reference into 16 CFR parts 1220 and 

1221) currently does not contain 

provisions requiring the products to be 

of a standard size. We further note that 

the commenter did not provide a 

proposal for a specific size or range of 

sizes that would be necessary for such 

a requirement, and the NPR did not 

discuss standardizing sizes for play yard 

mattresses; nor did it solicit comment 

on the issue. Therefore, changes to play 

yard mattresses in 16 CFR part 1220 are 

outside the scope of this specific 

rulemaking on crib mattresses. The 

commenter should pursue this idea with 

the ASTM F15.18 subcommittee on play 

yards. 

Comment 5: A commenter requested 

that the Commission set a minimum 

thickness for play yard mattresses to 

reduce the likelihood consumers would 

find a mattress too thin and add 

hazardous padding. The same 

commenter requested that the 

Commission delay finalizing the rule 

until a task group organized by the 

ASTM play yard subcommittee, the play 

yard mattress fit and thickness task 

group, completes their work. 

Response 5: Regarding the request 

that the Commission set a minimum 

thickness for play yard mattresses, we 

note that CPSC staff expressed similar 

concerns with consumer perception of 

mattress thickness/comfort in the 

briefing package on Petition CP 15–2, 

stating, ‘‘Because incident data 

demonstrate that consumers perceive 

play yard mattresses to be 

uncomfortable, and then place 

additional soft bedding in infant sleep 

environments, CPSC staff does not 

recommend banning supplemental 

mattresses.’’ However, based on staff’s 

advice, we believe that setting a 

minimum mattress thickness would not 

address the resilience of a mattress, 

which is not based on thickness alone, 

but also on the density of underlaying 

foam. For example, staff advises that 

they are aware of bassinet mattresses 

that meet the thickness limit, but are 

dense enough not to ‘‘bottom out’’ on 

the hard backer-board, which supports 

that a denser foam pad could also 

address consumer complaints. 

Regarding the work of the play yard 

fit and thickness task group, this work 

is ongoing and has neither reached 

consensus in the task group, nor been 

balloted. Staff has also voiced concern 

that this task group is focused on 

identifying the gap size between the 

mattress and the flexible play yard side 

while the play yard side is in a resting 

position, while staff believes the focus 

should be on a test that accounts for the 

flexible nature of play yard sides to 

create a three-dimensional pocket from 

the existing gap. Staff remains engaged 

in efforts to address mattress thickness. 

Work on the play yard standard is 

outside the scope of this rulemaking, 

and therefore, that work should not 

delay the current rulemaking for crib 

mattresses. If, in the future, F406 is 

updated to address the work of the fit 

and thickness task group, then ASTM 

can notify the Commission under the 

provision in Public Law 112–28, and the 

Commission will evaluate the potential 

effect on the safety of play yard 

mattresses. 

Comment 6: Some commenters who 

manufacture crib mattresses objected to 

allowing after-market mattresses for 

play yards because all play yards are 

sold with a mattress designed for use 

with the play yard. One manufacturer 

questioned the safety and necessity of 

after-market mattresses. 

Response 6: In 2015, the Commission 

docketed a petition to ban supplemental 

mattresses for play yards. In response to 

that petition, the Commission directed 

staff to address hazards associated with 

supplemental play yard mattresses, as 

well as crib mattresses, through 

rulemaking under section 104. Staff’s 

petition package stated: ‘‘[b]ecause 

incident data demonstrate that 

consumers perceive play yard 

mattresses to be uncomfortable, and 

then place additional soft bedding in 

infant sleep environments, CPSC staff 

does not recommend banning 

supplemental mattresses.’’ Although the 

Commission understands the concerns 

with after-market mattresses that can be 

used to supplement an existing play 

yard mattress, the Commission can 

address the hazard better, by directing 

CPSC staff to continue working through 

the voluntary standards committees to 

address the hazards associated with the 

use of after-market mattresses, and 

thereafter, incorporate the voluntary 

standard into a mandatory standard, to 

address both the safety of after-market 

mattress and consumers’ perceived need 

for after-market mattresses. 

Comment 7: Commenters raised 

concerns that manufacturers make 

numerous, frequent changes in names 

and model numbers of play yards, 

rendering any list of compatible play 

yard models for after-market play yard 

mattresses ‘‘out of date as or soon after 

it is printed.’’ One commenter stated 

that the proposed rule would endorse 

misuse and, in effect, contradict the 

mandatory warning stipulated in 16 

CFR 1221.2(b)(5)(i) that only the OEM 

mattress should be used with the play 

yard. 

Response 7: Although some type of 

certificate of compatibility could 

address issues with mattress fit and 

manufacturer concerns with third party 

manufacturers claiming compatibility, 

CPSC does not have the authority to 

regulate inter-business arrangements, 

such as certificates of compatibility. 

However, this final rule will require 

after-market mattresses to be ‘‘tested 

with each brand and model of 

product’’ 73 in which they are intended 

to be used. In addition, the final rule 

will require each mattress to 

‘‘specifically identify the brand(s) and 

Model(s) numbers of products in which 

it is intended to be used.’’ 74

Accordingly, through the requirement in 

section 14 of the CPSC, as set forth in 

16 CFR parts 1107 and 1110, an aftermarket mattress that complies with this 

rule will have third party certification 

that it meets the requirements for play 

yard mattresses in 16 CFR part 1221, 

incorporating ASTM F406. 

Because the final rule will require that 

an after-market mattress meet the same 

dimension and test requirements as the 

mattress supplied with the product, and 

must be tested and certified to the same 

standard, CSPC concludes that there is 

likely no safety concern for consumers, 

because the testing and certification 

require labeling that accomplishes the 

same goal. Additionally, because the 

labeling may create some confusion 

between ASTM F406, section 9.4.2.10 

(‘‘Use ONLY mattress/pad provided by 

manufacturer’’), and 16 CFR 

1221.2(b)(5)(i), the ASTM F15.18 task 

group on ad hoc warnings is actively 

working to revise this message. 

Comment 8: Several commenters 

stated that after-market mattresses 

should have to meet the same 

requirements as OEM mattresses. 

Another commenter stated that staff 

should continue working with ASTM to 

include more performance-based testing 


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for after-market mattresses. Several 

commenters supported the revised 

requirements for after-market mattresses 

developed by the ASTM non-segmented 

mattress task group, which were 

approved (and now published) in ASTM 

F2933–21. A commenter also requested 

that the final rule wait until the play 

yard fit and thickness task group 

completes work. 

Response 8: The Commission agrees 

that after-market play yard and non-fullsize crib mattresses should meet the 

same requirements as OEM mattresses. 

The Commission addressed these points 

in the NPR, by proposing that aftermarket, non-full-size crib mattresses 

meet the same requirements listed for 

these products in ASTM F406 section 

5.17, Mattress for Rigid Sided Products, 

and by proposing that after-market play 

yard mattresses meet the ASTM F2933– 

19 requirement to have the same 

‘‘thickness, floor support structure and 

attachment method as the mattress it is 

intended to replace.’’ The revisions in 

ASTM F2933–21 replace the design 

requirement for after-market mattresses 

with the performance requirements that 

they are tested to, such that after-market 

mattresses must meet the same 

performance requirements as OEM 

mattresses. Additionally, ASTM F2933– 

21 requires that after-market mattresses 

be ‘‘at least the same size,’’ and the floor 

support structure must be ‘‘at least as 

thick,’’ as the OEM mattress. CPSC staff 

advises that they support these changes 

to the standard, which appear to be in 

line with comments CPSC received on 

the NPR. Accordingly, for the final rule, 

the Commission will incorporate by 

reference ASTM’s newly revised 

voluntary standard, ASTM F2933–21. 

The Commission will not delay this 

final rule to wait until work is 

completed in the play yard 

subcommittee on mattress fit and 

thickness. Although staff remains 

engaged on the play yard task group for 

fit and thickness, changes to the play 

yard standard are out of scope for this 

specific rulemaking on crib mattresses. 

Moreover, although the commenter 

implied that the play yard fit and 

thickness work was nearing completion, 

staff advises that the task group is 

focused on measuring the gap between 

the play yard side and mattress only 

along the plane of the top of the 

mattress, without accounting for the 

flexible nature of fabric or mesh sides. 

As described in the briefing package on 

the supplemental mattress petition, a 

gap alone may not create a hazard if a 

three-dimensional pocket cannot form 

to entrap an infant. Staff informs that 

the task group is generally resistant to 

using a probe to identify hazardous 

gaps, and instead, is focused on 

measuring a gap alone. The figure below 

was included in the staff briefing 

package on Petition CP 15–2, illustrating 

that a one-dimensional measurement 

may not achieve the desired hazard 

identification. 

C. Improving Communication to 

Caregivers 

Comment 9: One commenter 

recommended that the Commission 

engage with child safety advocates and 

other interested parties to undertake a 

coordinated campaign to communicate 

to consumers appropriate behaviors that 

will enhance the safety of infant sleep. 

Response 9: The Commission agrees 

that a coordinated campaign to 

communicate to consumers the 

importance of placing an infant on their 

back to sleep without any covering 

beyond a light blanket would promote 

safe infant sleep behaviors for 

caregivers. However, the Commission 

acknowledges that a warning label 

statement on a consumer product 

cannot guarantee that consumers will 

read, understand, or heed the warning 

regarding the hazard. 

Comment 10: A commenter 

recommended a maximum of three 

warning statements on the product, and 

provided the suggested language below 

(verbatim): 

1. Place your baby on his/her back only. 

2. Do not add soft bedding (blankets, 

pillows, etc) under or over your baby, or 

anywhere in play yard. Instead, dress baby in 

a wearable blanket or sleep sack to keep them 

warm. 

3. Use mattress and sheets that fit this 

product—Use play yard mattress only. If 

mattress is too small, your baby can roll into 

gap and suffocate. 

For more information, go to www.cpsc.com/ 

sleepsafety 

Save this warning! 

[Link above is a placeholder for a functioning 

link to more information.] 


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Figure 4. Illustration of Gap Expansion 
8662 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

75For example, see the Commission Briefing 

Package: Final Rule—Safety Standard for Gates and 

Enclosures: https://cpsc.gov/s3fs-public/Final

%20Rule%20-%20Safety%20Standard%20for

%20Gates%20and%20Enclosures.pdf?l

HExt6trsEuD56jiQTi7Ab0TjzdVQ_HH. 

Response 10: Consistent with the 

NPR, CPSC agrees with several points 

raised by the commenter, including that: 

(1) Consumers are less likely to read 

lengthy text warnings on familiar 

products; (2) it is critical to 

communicate successfully to consumers 

the hazards related to prone positioning, 

soft bedding, and gaps created by illfitting mattresses; and (3) the prone 

positioning message needs to be 

prioritized. While, in general, staff 

advises that warning labels should be as 

concise as possible, circumstances 

specific to these products and hazards 

warrant more information on the labels, 

and consumers may not check a website 

identified on the label. Hazardous use 

patterns associated with products for 

infant sleep are common and are likely 

to be misunderstood by consumers. 

Consumers may not find short warning 

statements for crib mattresses 

convincing, absent elaboration and 

repetition with rephrasing, especially if 

the statements contradict the 

consumers’ knowledge, expectations, 

and experiences. The warning labels in 

the final rule begin with clear and 

concise statements pertaining to the 

typical use patterns involved in SIDS 

and suffocation incidents, beginning 

with the prone positioning message. 

These statements are organized and 

worded such that they are more likely 

to be seen and understood, and act as 

reminders, even if the consumer does 

not read the rest of the label. The rest 

of the messaging reiterates, rephrases, 

and explains the hazards. For example, 

consumers must consider and 

understand what it means for a mattress 

to be ill-fitting. As discussed in Staff’s 

Final Rule Briefing Package, a mattress 

in an uncompressed state may not 

visually produce worrisome gaps; yet, 

various factors can cause a compressed 

mattress to form hazardous gaps. With 

few exceptions, including placing the 

prone positioning warning foremost in 

the label, the final rule warning label is 

consistent with recommendations from 

ASTM F15. Tab D of Staff’s Final Rule 

Briefing Package, and section VI.B of 

this preamble, outline other exceptions. 

Comment 11: A commenter 

recommended modifying the proposed 

hazard identifier from ‘‘SIDS and 

SUFFOCATION HAZARDS’’ to ‘‘Help 

Prevent SIDS and Suffocation.’’ 

Response 11: The Commission 

declines to adopt the modifications to 

the warning label as set forth by the 

commenter. Among other concerns, the 

comment-proposed hazard identifier 

may confuse the consumer viewing the 

warning label. The viewer of the label 

may infer that the statement, ‘‘Help 

Prevent SIDS and Suffocation,’’ is a 

standalone statement, unrelated to the 

rest of the warning message. Use of 

‘‘Help,’’ although accurate, may soften 

the language, and perhaps, demotivate 

the reader. ASTM subcommittee 

members do not support the 

commenter’s warning approach. During 

the ASTM F15.66 subcommittee 

meeting on June 9, 2021, attendees 

stated that such a change would dilute 

the warning message, and opined that 

the hazard identifier should remain as 

balloted in F15 (21–02) (i.e., 

‘‘SUFFOCATION HAZARDS’’). The 

hazard identifier and ballot are 

discussed further in Tab D of Staff’s 

Final Rule Briefing Package and section 

VI.B of this preamble. 

Comment 12: A commenter advised 

against all-caps lettering to emphasize 

words that ‘‘lack concrete meaning,’’ 

such as ‘‘DO NOT’’ and ‘‘USE ONLY.’’ 

A commenter posited that this 

capitalization will be inferred by the 

consumer to mean the adjacent text is 

not as important, and therefore, the 

adjacent text, which pertains to 

hazardous use, will not be read by the 

consumer. 

Response 12: The Commission 

declines to follow the commenter’s 

suggestion. Based on staff’s advice, we 

conclude that the all-caps lettering used 

in the final rule warning label plays an 

important role in attracting a 

consumer’s attention to the hazardoususe warnings. Recent regulations use 

capitalization in this manner: 75 Allcaps lettering is used in the 

recommendations from the Ad Hoc 

Language Task Group; and all-caps 

lettering pertaining to crib mattresses 

has been supported in ASTM F15.66 

and balloted by ASTM F15 without 

objection. For more information on this 

ballot, see Tab D of Staff’s Final Rule 

Briefing Package and section VI.B of this 

preamble. 

Comment 13: A commenter advised 

the Commission to eliminate warning 

statements that can and should be 

addressed through performance 

standards. The commenter’s point is 

provided in the context of a 

recommendation to standardize sizes of 

play yards and play yard mattress 

sheets. 

Response 13: The Commission agrees 

that performance requirements should 

be used instead of warning statements, 

where feasible, and that warning 

statements should be omitted if they do 

not contribute to the safety of the 

product. Warnings are inherently 

limited in effectiveness, because they 

depend fallibly on persuading 

consumers to alter their behaviors in 

ways to avoid hazards. In contrast, 

performance requirements attempt to 

reduce or eliminate access to the 

hazards. The Commission’s approach is 

to make warnings as motivating as 

possible, given their inherent fallibility, 

and particularly when they must be 

used instead of performance 

requirements, or when they are used in 

a supporting role to performance 

requirements that minimize, rather than 

eliminate, exposure to hazards. 

The commenter is referring to a 

separate standard, ASTM F406, 

Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards (incorporated into 16 

CFR part 1221), and ongoing activity by 

the ASTM F15.18 subcommittee 

contributing to that effort, which is out 

of scope for the current rulemaking. 

However, the Commission encourages 

the ASTM F15.18 subcommittee to 

develop more effective performance 

requirements to reduce the reliance on 

warnings. 

Comment 14: A commenter stated that 

to support the crib mattress warnings, 

CPSC should develop pictograms and 

evaluate comprehension of pictograms 

using the methods outlined in ANSI 

Z535.3. 

Response 14: Well-designed graphics 

may be able to supplement the crib 

mattress warnings, such as by increasing 

the noticeability of the warnings. 

Graphics are also helpful for consumers 

with limited or no English literacy. 

However, the design of effective 

graphics is a complicated matter that 

requires comprehension testing with the 

target audience. A poorly designed 

graphic may have limited or no 

effectiveness, and may even elicit the 

opposite effect than intended; i.e., a 

‘‘critical confusion,’’ in which the 

reader infers that s/he should take the 

prohibited action to avoid the hazard. 

Although CPSC is not opposed to 

considering suitable graphics pertaining 

to crib mattress warnings, the agency 

will not delay the final rule until 

suitable graphics are developed. 

Comment 15: A commenter 

recommended revising the play yard 

mattress warning language, as set forth 

in the comment, in part, because the 

Flesch-Kincaid readability assessment 

tool in MS Word indicated the message 

required only a ‘‘5.9 grade reading 

level.’’ 

Response 15: For consistency and 

comparison purposes, staff used the 

Flesch-Kincaid readability assessment 


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76Figure 9 in the Appendix of the ESHF 

memorandum of the Commission NPR Briefing 

Package on Crib Mattresses. 

77Figure 8 in the Appendix of the ESHF 

memorandum of Staff’s NPR Briefing Package. 

78Leonard, S.D., Otani, H., & Wogalter, M.S. 

(1999). Comprehension and memory. In M.S. 

Wogalter, D.M. DeJoy, & K.R. Laughery (Eds.), 

Warnings and risk communication (pp. 149–187). 

Philadelphia: Taylor & Francis. 

79https://www.cpsc.gov/s3fs-public/2021-07-08- 

ASTM-Play-Yard-Ad-hoc-language-meeting.pdf. 

tool in MS Word (Microsoft Office 

Professional Plus 2019) on the play yard 

mattress warning set forth by the 

commenter and the final rule label for 

after-market mattresses for mesh/fabricsided products.76 Staff found that the 

play yard mattress warning urged by the 

commenter returned a 5.4 FleschKincaid Grade Level with a reading ease 

of 77.1. The final rule after-market 

mattress for mesh/fabric-sided products 

warning returned a 3.4 Flesch-Kincaid 

Grade Level with a reading ease of 80.8. 

However, the rating for the final rule 

label, as proposed in the NPR, does not 

include the product-specific 

information to be added: 

[All warnings added by the original 

manufacturer which are in addition to those 

required by this standard.] [Assembly/ 

attachment instructions that were provided 

on the original mattress.] [The specific 

brand(s) and model(s) number(s) of the 

product(s) in which the mattress is intended 

to be used]. 

Therefore, staff also tested the reading 

level for the final rule warning label for 

full-size crib mattresses,77 and found it 

had a 3.8 Flesch-Kincaid Grade Level 

with a reading ease of 77.7. A reading 

ease score of 70 to 80 is considered U.S. 

7th grade school level, and a score of 80 

to 90 is considered U.S. 6th grade 

school level. In general, the Commission 

prefers for warnings to be at the 6th 

grade level or lower, consistent with 

literature from Leonard, Otani, and 

Wogalter (1999); 78 however, the 8th 

grade level is considered ‘‘plain 

English.’’ Notably, the Flesch-Kincaid 

tool provides an imperfect assessment of 

readability, because it considers only 

the number of words, sentences, and 

syllables, meaning that text with low 

reading-level thresholds are not 

necessarily more meaningful or 

understandable. With few exceptions, 

the final rule language is consistent with 

recommendations from ASTM F15 

(regarding the exceptions, see Tab D of 

Staff’s Final Rule Briefing Package). 

Comment 16: A commenter stated that 

CPSC should determine whether it is 

appropriate to add warnings content 

regarding fall or strangulation. 

Response 16: Based on staff’s advice, 

the Commission does not find it 

appropriate to add to the crib mattress 

warnings content regarding fall or 

strangulation. Warnings pertaining to 

these hazards are addressed by other 

standards, including ASTM F1169, 

Standard Consumer Safety 

Specification for Full-Size Baby Cribs 

(incorporated into 16 CFR part 1219), 

and ASTM F406 (incorporated into 16 

CFR parts 1220 and 1221). As discussed 

by the commenter, adding more 

information to the final rule warnings 

may dilute the message, resulting in 

some consumers being less likely to 

read the warnings. Furthermore, ASTM 

F15 did not find it appropriate to 

include warning content regarding falls 

or strangulations. Staff will continue to 

monitor the data for evidence that these 

additional warnings should be added. 

Comment 17: A commenter stated that 

the warnings proposed in the NPR are 

incompatible with the warnings in 

ASTM F406, because the requirements 

in the NPR allow after-market 

mattresses in play yards, which are not 

from the OEM; whereas, ASTM F406 

includes warnings to use only the 

mattress provided by the manufacturer. 

Response 17: The Commission is 

aware of the warning labels required by 

the separate rules. Although 

modifications to warnings in F406 are 

outside the scope of this rulemaking for 

crib mattresses, we note that the play 

yard subcommittee, ASTM F15.18, has 

an active task group working to update 

the warning section of ASTM F406 to 

include the ad-hoc warning 

recommendation and to address other 

issues. This play yard task group is 

actively discussing how to update 79 this 

warning message. If the play yard 

voluntary standard is revised, the CPSC 

will evaluate the revision for inclusion 

in the mandatory standard for play 

yards through the Public Law 112–28 

update process. 

Comment 18: A commenter stated that 

CPSC should consider the developments 

to safety information requirements 

discussed in the crib mattress ASTM 

task group and subcommittee in the 

period between the NPR and final rule. 

Response 18: After the NPR was 

published, staff continued to work with 

ASTM to address deficiencies in the 

safety information requirements in 

ASTM F2933. The final rule includes 

some of the safety information 

recommendations from ASTM task 

groups and subcommittees, including 

subcommittee F15.66, such as the 

maximum side gap between a full-size 

crib mattress and full-size crib. The final 

rule does not incorporate other 

suggestions from ASTM members, such 

as excluding ‘‘SIDS’’ from the hazard 

identifier, and presenting the prone 

positioning warning lower in the 

warning labels. Tab D of Staff’s Final 

Rule Briefing Package contains 

additional information. 

D. Procedural Comments 

Comment 19: Commenters both 

supported and opposed the proposed 6- 

month effective date for the final rule. 

Some commenters urged the effective 

date of a final rule to be as soon as 

possible, because additional time for the 

rule to become effective would put 

infants at risk. Other commenters 

requested an indefinite delay of the 

rulemaking, until ASTM completes 

changes and updates to the voluntary 

standard for crib mattresses (ASTM 

F2933), and the standard associated 

with play yards (ASTM F406). 

Response 19: For the final rule, the 

Commission will retain the proposed 6- 

month effective date. Crib mattress 

suppliers have had lead time to prepare 

for the final rule since the NPR was 

published on October 26, 2020. Many 

crib mattresses within the scope of the 

final rule require no change in design to 

achieve compliance with the final rule. 

Furthermore, 6 months from the change 

in a voluntary standard is the time 

frame that JPMA uses for its certification 

program. Consequently, compliant 

manufacturers are used to this time 

frame to comply with a modified 

standard. Additionally, the Commission 

will not wait for completion of work in 

the ASTM F406 standard to finalize this 

crib mattress rule, because 

modifications to ASTM F406 are out of 

the scope of this proceeding. 

Comment 20: A commenter states that 

the NPR is unconstitutional because 

CPSC proposed to incorporate by a 

reference a voluntary standard, instead 

of publishing all of the regulatory text 

for the crib mattress rule in the Federal 

Register. The commenter asserted that 

the CPSC forces the public to pay for 

access to the law, thereby offending 

‘‘our constitutional structure, due 

process, the First Amendment, and 

equal protection.’’ The commenter, in 

support of their contention that 

incorporation by reference (IBR) is 

unconstitutional, stated: 

• No one can own the law, privatizing 

the law is not in accordance with our 

form of constitutional government and 

grants ASTM a monopoly ownership 

over the law; 

• Due process under the Fifth 

Amendment requires the public to have 

free access to the laws that regulate 

people or entities, and the NPR 

allegedly violates due process by failing 

to provide the public with fair notice of 

the standard because the commenter 


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contends that to view the content of the 

voluntary standard, the NPR requires 

the public to pay ASTM or to travel to 

Bethesda, MD, to see a copy at CPSC 

headquarters; 

• CPSC is creating a monopoly for 

ASTM and forcing the public ‘‘to rely on 

the whims of ASTM,’’ whom the 

commenter states is a private company 

that is incentivized to increase the 

prices of its standards, and which harms 

consumers more than businesses 

because it creates a financial barrier to 

accessing product safety standards; 

• IBR violates the First Amendment 

because it does not allow free 

dissemination of the law and discussion 

of its contents; and 

• IBR violates equal protection of the 

laws under the Fifth Amendment 

because it gives ASTM members a 

preference over non-members, because 

ASTM members have access to the 

voluntary standard as it is being 

developed and during the comment 

period, while non-members do not. The 

commenter believes that ASTM only 

makes the voluntary standard available 

to view for free after the public 

comment period closes. 

Response 20: We disagree that the 

regulatory text is behind a paywall and 

that the draft final rule is 

unconstitutional. As set forth in more 

detail below, the commenter’s factual 

premise is inaccurate, because the 

regulatory text for every CPSC-proposed 

rule is printed in the Federal Register. 

Additionally, the content of the law is 

available to the public, both before and 

after the voluntary standard is 

incorporated by reference, because the 

text of the voluntary standard is 

described in detail in the staff’s 

proposed rule briefing package, draft 

final rule briefing package, and in the 

proposed and final rulemaking notices 

printed in the Federal Register. 

Stakeholders also have access to the text 

of the voluntary standard online, for 

free, both during the comment period 

(https://www.astm.org/CPSC.htm), and 

after the rule becomes final (at https:// 

www.astm.org/READINGLIBRARY/). 

Any person can ‘‘disseminate’’ the 

proposed rule by citing the Federal 

Register, providing a link, or providing 

a copy of the notice. Additionally, 

anyone can ‘‘disseminate’’ the content 

of the voluntary standard by providing 

a link to ASTM’s website. Finally, 

anyone can participate in ASTM 

meetings to develop the voluntary 

standard, and CPSC encourages the 

public to participate. Although only 

ASTM members can vote on a voluntary 

standard, ASTM provides discounts on 

membership for certain members of the 

public, such as students. Please contact 

ASTM for more information. 

Section 104 of the CPSIA directs the 

Commission to issue standards for 

durable infant or toddler products that 

are ‘‘substantially the same as,’’ or more 

stringent than, applicable voluntary 

standards, if the Commission 

determines that more stringent 

requirements would further reduce the 

risk of injury. In this case, the final rule 

would incorporate by reference ASTM 

F2933–21, with modifications to make 

the standard more stringent, to further 

reduce the risk of injury associated with 

crib mattresses. Staff notes that staff’s 

proposed rule and draft final rule 

briefing packages contain a description 

of the performance and labeling 

requirements in the ASTM standard, 

including a side-by-side chart showing 

regulatory text and the changes made by 

the rule. 

With regard to IBR procedures, we 

note that ASTM’s voluntary standards 

are protected by copyright, which the 

Commission (and the federal 

government generally) must observe. 

The United States may be held liable for 

copyright infringement. 28 U.S.C. 1498. 

Accordingly, the Commission cannot 

violate copyright law by publishing 

ASTM’s voluntary standards in the CFR. 

The Office of the Federal Register (OFR) 

has established procedures for 

incorporation by reference that seek to 

balance the interests of copyright 

protection and public accessibility of 

material. 1 CFR part 51. OFR’s 

regulations are based on Freedom of 

Information Act provisions that require 

materials to be ‘‘reasonably available’’ 

when incorporated by reference with 

approval of the Director of the Federal 

Register. 5 U.S.C. 552(a)(1). Under the 

OFR’s requirements, an agency may 

incorporate by reference specific 

publications, including standards, if 

they are ‘‘reasonably available to and 

usable by the class of persons affected.’’ 

1 CFR 51.7. To ensure the material is 

‘‘reasonably available,’’ an agency must 

summarize the material it will 

incorporate by reference and discuss in 

the Federal Register notice how that 

material is available to interested 

parties. Id. §§ 51.3(a), 51.5(a). 

The Commission complies with the 

requirement that publications, including 

standards, are ‘‘reasonably available to 

and usable by the class of persons 

affected,’’ whenever incorporating 

material by reference. For example, 

when the Commission proposes a rule 

under section 104 of the CPSIA, the 

Commission describes and summarizes 

the requirements of the rule, including 

the voluntary standard, in the preamble 

of the rule printed in the Federal 

Register, and explains that ASTM’s 

copyrighted voluntary standards are 

available to review online for free 

during the comment period at https://

www.astm.org/CPSC.htm. Once a rule 

becomes effective, ASTM provides a 

read-only copy of the standard for 

review on the ASTM website at: https:// 

www.astm.org/READINGLIBRARY/. As 

always, any person can purchase a 

voluntary standard from ASTM, or may 

schedule a time to review a voluntary 

standard (for free) at the Commission’s 

headquarters in Bethesda, MD, or at the 

National Archives and Records 

Administration (NARA). Accordingly, 

citizens who are interested in the 

content of the law have unimpeded 

access to the regulation, and have 

several avenues for free access to the 

text of voluntary standards incorporated 

by reference into a mandatory CPSC 

standard for a durable infant or toddler 

product. 

Comment 21: A commenter stated that 

they intend their comment to be a 

significant adverse comment that 

requires CPSC to withdraw the NPR, 

citing eight previous times the 

commenter has submitted a similar 

comment on CPSC’s IBR process for 

rules updating a section 104 standard. 

Response 21: The commenter is 

referencing previous comments made 

regarding the Commission’s direct final 

rules to update durable infant or toddler 

product rules that have already been 

issued under section 104 of the CPSIA. 

The Commission did not find similar 

comments on those updates to be a 

significant adverse comment. In this 

case, the Commission issued a proposed 

rule, and is now issuing a final rule, to 

establish a consumer product safety 

standard for crib mattresses, and is not 

updating an existing rule using a direct 

final rule. Accordingly, the ‘‘significant 

adverse comment’’ designation is 

inapplicable to the current rulemaking. 

In any event, the Commission declines 

to withdraw the proposed rule based on 

the inaccurate factual premise regarding 

IBR procedure contained in this 

comment. 

Comment 22: A commenter asserted 

that section 9 of the CPSA requires the 

CPSC to publish the text of a proposed 

consumer product safety rule in the 

Federal Register. Because section 104 

rules are considered consumer product 

safety rules under the CPSA, the 

commenter argued that CPSC is required 

to published the text of the regulation in 

the Federal Register, and the CPSC did 

not meet this requirement in the NPR 

for crib mattresses. 

Response 22: The Commission 

publishes the text of proposed rules 

under section 104 of the CPSIA in the 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8665 

Federal Register. However, the 

rulemaking procedure described in 

section 9 of the CPSA, cited by the 

commenter, is inapplicable to rules 

issued under section 104 of the CPSIA. 

Section 104 of the CPSIA contains a 

different rulemaking authority and 

different rulemaking procedures. For 

example, 15 U.S.C. 2058(c), cited by the 

commenter, also requires a preliminary 

regulatory analysis that is inapplicable 

to rules issued under section 104. 

Comment 23: A commenter stated that 

the Freedom of Information Act (FOIA) 

requires agencies to publish the text of 

its substantive rules in the Federal 

Register, citing 5 U.S.C. 552(a)(1)(D). 

The commenter stated that § 552(a) 

creates an exception to this requirement 

for agencies that incorporate by 

reference a provision that is ‘‘reasonably 

available to the class of persons affected 

thereby . . . with the approval of the 

Director of the Federal Register.’’ The 

commenter asserted that the CPSA, 

which allegedly requires publishing the 

text of a proposed rule in the Federal 

Register, and the FOIA are in conflict, 

and that CPSC must follow the CPSA 

because it is a more specific, laterenacted, requirement and presents a 

‘‘clear congressional imperative for 

CPSC to follow the text of the [CPSA],’’ 

citing 15 U.S.C. 2058(c). The commenter 

asserted that based on the CPSA, the 

Commission must publish the text of the 

NPR and cannot direct the public to buy 

a copy of the regulatory text from 

someone else. 

Response 23: As stated in response to 

the preceding comments, stakeholders 

do not need to purchase a copy of the 

voluntary standard to comment on the 

rule, and the Commission publishes the 

text of proposed rules under section 104 

of the CPSIA in the Federal Register. A 

summary of the regulatory text is 

available for free in the staff briefing 

package and the proposed rule. A free 

copy of the voluntary standard is 

available through ASTM’s website, 

NARA, and at the Commission’s 

headquarters in Bethesda, MD, as 

described in response to preceding 

comments. Additionally, section 104 of 

the CPSIA contains a different 

rulemaking authority and procedures 

than the statutory provision cited by the 

commenter for CPSA section 7 and 9 

rules. The statute cited by the 

commenter is inapplicable to section 

104 rules. Finally, CPSC follows the 

OFR’s requirements for incorporation by 

reference, including the exception in 5 

U.S.C. 552(a), which allows 

incorporation by reference when the 

material is ‘‘reasonably available to the 

class of persons affected thereby . . . 

with the approval of the Director of the 

Federal Register.’’ 

Comment 24: A commenter 

contended that the CPSC should not 

rely on the Office of the Federal 

Register’s interpretation of the exception 

for IBR materials in 1 CFR 51.5, and 

should instead publish the text of the 

voluntary standard. 

Response 24: We disagree. The OFR’s 

interpretation of the exception is 

consistent with the statute, has not been 

struck down by any court, and the CPSC 

declines to potentially infringe a 

copyright. Additionally, as reviewed in 

response to preceding comments, 

stakeholders have free access to the 

content of the proposed and final rules, 

including the regulatory text and the 

voluntary standards upon which the 

standards are based. 

Comment 25: A commenter alleged 

that CPSC’s proposal to IBR the crib 

mattress voluntary standard, rather than 

set forth the text of the regulation in the 

OFR, is procedurally deficient because 

the rule allegedly only allows access to 

the text of the voluntary standard after 

a rule is in effect, and because it leaves 

access to the law up to the ‘‘whims’’ of 

ASTM. The commenter alleged that 

ASTM can raise the cost of the 

voluntary standard, and can ‘‘renege’’ 

on its promise to keep the standard 

available in a reading room. 

Response 25: The text of the proposed 

rule, and a summary of the voluntary 

standard, are available for free on the 

Commission’s website in the staff’s 

briefing packages and in the draft rules, 

which are also available, when 

published, in the Federal Register. 

Moreover, the text of the voluntary 

standard is available for free both before 

and after the comment period, as 

described in response to preceding 

comments. Finally, stakeholders can 

view the rule for free by contacting 

NARA and by coming to view the 

standard at the Commission’s 

headquarters in Bethesda, MD. 

VIII. Mandatory Standard for Crib 

Mattresses 

The final mandatory standard for crib 

mattresses incorporates by reference the 

most recent voluntary standard for crib 

mattresses, ASTM F2933–21, with 

modifications, largely as proposed in 

the NPR, to make the standard more 

stringent, to further reduce the risk of 

injury associated with crib mattresses. 

Below we summarize modifications 

made to the voluntary standard in the 

final rule. 

A. Cyclic Test for Coil or Spring 

Lacerations 

To further reduce the risk of infant 

lacerations from exposed coils and 

springs, the Commission will require a 

cyclic loading test for all crib mattresses 

that use coils and springs, as follows: 

1. Mattress shall be tested in an enclosed 

frame measuring 29 inches x 53 inches (737 

mm x 1346 mm) for the purpose of restricting 

mattress movement. A crib meeting the 

requirements of ASTM F1169–19 would 

suffice. 

2. The mattress can be placed on top of a 3⁄4-inch piece of plywood or oriented strand 

board (OSB), which is rigidly supported 

along the perimeter. 

3. An impactor with the dimensions of the 

vertical impactor of ASTM F1169–19 

weighing 30 lbs. shall be dropped from a 

height of 6 inches from the top of the 

mattress surface to the bottom of the 

impactor, 250 times in four locations 

(specified in Figure 5), for a total of 1,000 

cycles. Cyclic loading rate shall be one drop 

every 4 ± 1 seconds. 

4. At the conclusion of the cyclic loading 

test, the mattress shall be removed from the 

test enclosure and visually inspected for 

exposed wires or coil springs. 

5. The coil spring test shall be repeated on 

each sleep surface of the mattress. The test 

shall not be repeated using a mattress that 

has been previously tested with the coil 

spring test. 

The final rule clarifies that two 

mattresses are required for cyclic load 

testing, one mattress for each side of the 

mattress being tested, because testing 

can be destructive to the test sample. 


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8666 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

B. Test for Mattress Compression From 

Fitted Sheets 

To further reduce the risk of injury 

associated with corner gap entrapment 

from compression by fitted sheets, the 

final rule requires a new test for full-size 

crib mattresses: 

1. To condition the sheet for compression 

testing, a store-bought, fitted mattress sheet, 

intended for the tested mattress size, 

consisting of 100 percent cotton, shall be 

washed in hot water (50 °C [122 °F] or 

higher), and dried a minimum of two times 

on the highest setting, using household 

textile laundering units. 

2. The shrunken fitted sheet shall be 

placed fully on the mattress, such that each 

sheet edge is wrapped fully around and 

under the mattress. 

3. The mattress, with the shrunken sheet, 

shall be positioned in the corner, following 

section 6.2.2.1 of ASTM F2933–21. 

4. After positioning, while no force is being 

applied, measure the gap from the projected 

crib corner, located 53 in. from Wall C and 

285⁄8 in. from Wall D, and the crib mattress. 

See Figure 6 for illustration. The gap shall 

not exceed 3.15 in. 

5. Rotate the mattress 180°, and repeat 

steps 3 and 4. 


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L/2 

L 

6 in. (15.2 cm) 

Figure 5. Impact test locations. 

6 in. (15.2 cm) 

W/2 

w 
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8667 

The Commission is not aware of 

incidents related to non-full-size crib 

mattresses compressing when sheets are 

installed, and received no comments on 

the issue. Therefore, at this time, the 

final rule does not require a similar 

sheet compression test for non-full-size 

crib mattresses. However, the final rule 

modifies the test procedure to 

accommodate larger crib mattresses, by 

requiring the corner gap to be measured 

from a projected crib corner. 

C. Dimension Requirements for AfterMarket Non-Full-Size Crib Mattresses 

To further reduce the risk of injury 

associated with after-market, non-fullsize crib mattresses, the final rule 

requires a dimensional performance 

requirement for all non-full-size crib 

mattresses. The Stability; Cord/Strap 

Length; and Crib-Side Height 

requirements in F406 are also applicable 

to non-full-size crib mattresses, but the 

requirements were not referenced in 

ASTM F2933–19, or by modifications in 

the NPR. The newly published ASTM 

F2933–21 added a reference to these 

requirements in section 5.9 of the 

standard. The final rule adds a reference 

to Crib-Side Height to the list of F406 

requirements referred to in section 5.7.2 

of ASTM F2933–21, and removes this 

reference from section 5.9, because it 

does not apply to play yard mattresses. 

Accordingly, the final rule references 

the F406 requirements for Stability and 

Cord/Strap Length in section 5.7.2 and 

section 5.9 of ASTM F2933–21, because 

these are general requirements 

applicable to non-full-size crib and play 

yard mattresses. This change is 

consistent with the changes proposed in 

the NPR, to ensure that all after-market, 

non-full-size crib mattresses are subject 

to the same requirements as OEM nonfull-size crib mattresses. 

ASTM F2933–21 includes additional 

requirements for after-market nonrectangular non-full-size crib mattresses, 

which ensure the after-market mattress 

maintains the proper fit, support, and 

instruction storage accommodations. 

The final rule extends these 

requirements to all after-market, nonfull-size crib mattresses, to be consistent 

with the NPR proposal to extend 

requirements to all non-full-size crib 

mattresses, regardless of shape. 

Appendix A to Tab C of Staff’s Final 

Rule Briefing Package contains a redline 

of changes in the final rule to section 

5.7.2 of ASTM F2933–21. 

D. Corrections to Section 5.9 of ASTM 

F2933–21 

To accommodate the modification for 

non-full-size cribs in section 5.7, the 

final rule removes references to aftermarket, non-full-size crib mattresses 

from section 5.9 of ASTM F2933–21, 

such that section 5.9 focuses solely 

upon performance requirements for 

after-market play yard mattresses. 

The NPR proposed to replace the term 

‘‘replacement mattress’’ in ASTM 

F2933–19 section 5.9.1.3, with the term 

‘‘after-market’’ mattresses. ASTM 

F2933–21 made this revision, and thus, 

the final rule does not require this 

revision, if the Commission incorporates 

by reference ASTM F2933–21. 

E. Mattress Firmness Test 

To further reduce the risk of infant 

suffocation associated with surface 

softness in crib mattresses, the final rule 

requires a mattress firmness test for all 

crib mattresses within the scope of the 

standard, based on a test for mattress 

firmness in section 8 of AS/NZS 

8811.1:2013: 

1. Mark three equidistant points along 

the longitudinal center line, with one at 

the center, and the other two 

equidistantly between the center and 

the edge of the mattress. Choose one 

more ‘‘worst-case’’ scenario test 

location(s) where an infant’s head might 

lay in a particularly soft spot, or an 

infant’s nose or mouth might contact a 

protrusion above the sleep surface. 

2. Hold the test fixture with its base 

horizontally, and rotate it so the feeler 

arm is aligned with the center line of the 

sleep surface, and pointing in the same 

direction for each test; then gently set 

down the fixture on one of the test 

locations, ensuring that the edge of the 

bottom disk does not extend beyond the 

edge of the sleep surface. 

3. If the level indicates that the feeler 

arm is approximately level when the 

fixture is resting on the sleep surface, 

observe whether the feeler arm makes 

any contact with the top of the sleep 

surface or cover. If the feeler arm is not 

level, decompress the mattress, allow it 

to settle, and start again. If the feeler 

arm contacts the sleep surface even 

when the test fixture is tilted back so as 

to raise the feeler arm, assume that such 

contact would occur had the fixture 

come to rest horizontally. 

4. Repeat steps at remaining locations. 


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Wallo 

Shortest gap shall not exceed 3.15 inches 

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1M---------------------------+1Projected Crib Corner 

53inches 

Figure 6. Stafrs proposed location of the projected crib corner, from which the corner gap is measured. 
8668 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

F. Modifications to Safety Information 

As detailed in Tab D, Appendix A, of 

Staff’s Final Rule Briefing Package, the 

final rule includes a redline of the 

modifications to the requirements for 

the safety information that accompanies 

crib mattresses, as proposed in the NPR, 

including warning labels, packaging, 

and instructions. Labeling modifications 

include the following: 

• Improved definition of ‘‘conspicuous’’ to 

clarify that the warning label’s placement 

must make it visible to someone who 

positions the mattress for use; 

• Updated the general marking and 

labeling requirements; 

• Improved warning labels and examples; 

• Re-organized and clarified the marking 

and labeling requirements for manufacturers, 

test labs, and other viewers of the standard; 

• Added warning requirements for fullsize crib mattress packaging and improved 

the warning requirements for packaging of 

after-market mattresses for play yards and 

non-full-size cribs; and 

• Added a new section on instructional 

literature, which provides an additional 

medium by which to communicate safe-use 

information. 

These modifications are intended to 

further reduce the risk of death and 

serious injury associated with crib 

mattresses, such as SUID related to 

prone positioning of infants, soft 

bedding in sleep areas, and hazardous 

gaps between crib mattresses and 

product sides. The majority of the 

modifications incorporate 

recommendations from stakeholders 

participating in ASTM F15, with several 

deviations based on CPSC staff’s further 

consideration of the available data. 

While safety information is unlikely to 

effectively address the identified 

hazards, these modifications are likely 

to support the effectiveness of the 

performance requirements, increase the 

likelihood of consumers understanding 

the hazards, and clarify the 

requirements for manufacturers, test 

labs, and other viewers of the standard. 

Section VI.B of this preamble, and Tab 

D of Staff’s Final Rule Briefing Package 

contains a detailed list of the final rule 

modifications. 

IX. Amendment to 16 CFR Part 1112 To 

Include NOR for Crib Mattresses 

The CPSA establishes certain 

requirements for product certification 

and testing. 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-enforced requirements. 

15 U.S.C. 2063(a). Certification of 

children’s products subject to a 

children’s product safety rule must be 

based on testing conducted by a CPSCaccepted third party conformity 

assessment body. Id. 2063(a)(2). The 

Commission must publish an NOR for 

the accreditation of third party 

conformity assessment bodies to assess 

conformity with a children’s product 

safety rule to which a children’s product 

is subject. Id. 2063(a)(3). The final rule, 

to be codified as 16 CFR part 1241, 

Standard Consumer Safety 

Specification for Crib Mattresses, is a 

children’s product safety rule that 

requires the issuance of an NOR. 

The Commission published a final 

rule, Requirements Pertaining to Third 

Party Conformity Assessment Bodies, 78 

FR 15836 (March 12, 2013), codified at 

16 CFR part 1112 (‘‘part 1112’’) and 

effective on June 10, 2013, which 

establishes requirements for 

accreditation of third party conformity 

assessment bodies to test for conformity 

with a children’s product safety rule in 

accordance with section 14(a)(2) of the 

CPSA. Part 1112 also codifies all of the 

NORs issued previously by the 

Commission. All new NORs for new 

children’s product safety rules, such as 

the crib mattress standard, require an 

amendment to part 1112. Accordingly, 

in the NPR, the Commission proposed 

to amend part 1112 to add part 1241, 

Safety Standard for Crib Mattresses, in 

the list of NORs. 

Test laboratories applying for 

acceptance as a CPSC-accepted third 

party conformity assessment body to 

test to the new standard for crib 

mattresses are required to meet the third 

party conformity assessment body 

accreditation requirements in part 1112. 

When a laboratory meets the 

requirements as a CPSC-accepted third 

party conformity assessment body, the 

laboratory can apply to the CPSC to 

have 16 CFR part 1241, Standard 

Consumer Safety Specification for Crib 

Mattresses, included in the laboratory’s 

scope of accreditation of CPSC safety 

rules listed for the laboratory on the 

CPSC website at: www.cpsc.gov/ 

labsearch. 

X. Amendment to Definitions in 

Consumer Registration Rule 

The statutory definition of ‘‘durable 

infant or toddler product’’ in section 

104(f) applies to all of section 104 of the 

CPSIA. In addition to requiring the 

Commission to issue safety standards 

for durable infant or toddler products, 

section 104 of the CPSIA also directed 

the Commission to issue a rule requiring 

that manufacturers of durable infant or 

toddler products establish a program for 

consumer registration of those products. 

Public Law 110–314, section 104(d). 

Section 104(f) of the CPSIA defines 

the term ‘‘durable infant or toddler 

product’’ and lists examples of such 

products: 

(f) DEFINITION OF DURABLE INFANT OR 

TODDLER PRODUCT. As used in this 

section, the term ‘‘durable infant or toddler 

product’’ — 

(1) means a durable product intended for 

use, or that may be reasonably expected to be 

used, by children under the age of 5 years; 

and 

(2) includes — 

(A) full-size cribs and non-full-size cribs; 

(B) toddler beds; 

(C) high chairs; booster chairs, and hookon-chairs; 

(D) bath seats; 

(E) gates and other enclosures for confining 

a child; 

(F) play yards; 

(G) stationary activity centers; 

(H) infant carriers; 

(I) strollers; 

(J) walkers; 

(K) swings; and 

(L) bassinets and cradles. 

Public Law 110–314, section 104(f). 

The product categories listed in 

section 104(f)(2) of the CPSIA represent 

a non-exhaustive list of durable infant 

or toddler product categories, including 

products for infant sleep, such as cribs 

(full-size and non-full-size), toddler 

beds, bassinets and cradles, and play 

yards. Id. 2056a(f)(2). Although crib 

mattresses are used with infant sleep 

products, crib mattresses are not 

included in the statutory list of durable 

infant or toddler products. 

In 2009, the Commission issued a rule 

implementing the consumer registration 

requirement. 16 CFR part 1130. As the 

CPSIA directs, the consumer registration 

rule requires each manufacturer of a 

durable infant or toddler product to: 

Provide a postage-paid consumer 

registration form with each product; 

keep records of consumers who register 

their products with the manufacturer; 

and permanently place the 

manufacturer’s name and certain other 

identifying information on the product. 

When the Commission issued the 

consumer registration rule, the 

Commission identified six additional 

products as ‘‘durable infant or toddler 

products’’: 

D Children’s folding chairs, 

D changing tables, 

D infant bouncers, 

D infant bathtubs, 

D bed rails, and 

D infant slings. 

16 CFR 1130.2. The Commission stated 

that the specified statutory categories 

were not exclusive, but that the 

Commission should explicitly identify 

the product categories that are covered. 

The preamble to the 2009 final 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8669 

80See Tab E of Staff’s Final Rule Briefing Package 

for additional information on the RFA. 81The size guidelines are established by the SBA. 

consumer registration rule states: 

‘‘Because the statute has a broad 

definition of a durable infant or toddler 

product but also includes 12 specific 

product categories, additional items can 

and should be included in the 

definition, but should also be 

specifically listed in the rule.’’ 74 FR 

68668, 68669 (Dec. 29, 2009). 

In the NPR, the Commission proposed 

to amend part 1130 to include ‘‘crib 

mattresses,’’ as defined in ASTM F2933, 

including full-size crib mattresses, nonfull-size crib mattresses, and aftermarket mattresses for play yards and 

non-full-size cribs, as durable infant or 

toddler products. 85 FR at 67923. The 

Commission proposed to include ‘‘crib 

mattresses’’ as a ‘‘durable infant or 

toddler product’’ because: (1) They are 

intended for use, and may be reasonably 

expected to be used, by children under 

the age of 5 years; (2) they are products 

similar to the products listed in section 

104(f)(2) of the CPSIA; (3) they are used 

in conjunction with other durable infant 

or toddler products used for unattended 

infant sleep, such as cribs, bassinets, 

and play yards; and (4) CPSC cannot 

fully address the risk of injury 

associated with such infant sleep 

products without addressing the 

hazards associated with the use of crib 

mattresses in these infant sleep 

products. Id. The Commission received 

no comments on this proposal, and now 

finalizes the amendment to part 1130 to 

add ‘‘crib mattresses’’ to the list of 

durable infant or toddler products. 

XI. Incorporation by Reference 

Section 1241.2(a) of the final rule 

provides that each crib mattress must 

comply with applicable provisions of 

ASTM F2933–21. The Office of the 

Federal Register (OFR) has regulations 

concerning incorporation by reference. 1 

CFR part 51. For a final rule, agencies 

must discuss in the preamble to the rule 

the way in which materials that the 

agency incorporates by reference are 

reasonably available to interested 

persons, and how interested parties can 

obtain the materials. Additionally, the 

preamble to the rule must summarize 

the material. 1 CFR 51.5(b). 

In accordance with the OFR’s 

requirements, sections V, VI, and VIII of 

this preamble summarize the provisions 

of ASTM F2933–21 that the 

Commission is incorporating by 

reference. ASTM F2933–21 is 

copyrighted. Before the effective date of 

this rule, you can view a copy of ASTM 

F2933–21 at: https://www.astm.org/ 

cpsc.htm. Once the rule becomes 

effective, ASTM F2933–21 can be 

viewed free of charge as a read-only 

document at: https://www.astm.org/ 

READINGLIBRARY/. To download or 

print the standard, interested persons 

can purchase a copy of ASTM F2933– 

21 from ASTM, through its website 

(http://www.astm.org), or by mail from 

ASTM International, 100 Bar Harbor 

Drive, P.O. Box 0700, West 

Conshohocken, PA 19428; http://

www.astm.org. Alternatively, interested 

parties can inspect a copy of the 

standard free of charge by contacting 

Alberta E. Mills, Division of the 

Secretariat, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone: 301–504–7479; email: cpscos@cpsc.gov. 

XII. Effective Date 

The Administrative Procedure Act 

(APA) generally requires that the 

effective date of a rule be at least 30 

days after publication of the final rule. 

5 U.S.C. 553(d). The NPR proposed a 6- 

month effective date for the final rule. 

Commenters both supported and 

opposed the 6-month effective date. 

Some commenters urged the effective 

date be as soon as possible, indicating 

that additional time for the rule to 

become effective would put infants at 

risk. Other commenters requested an 

indefinite delay of the rulemakings until 

ASTM completes changes and updates 

to the voluntary standard, and those 

associated with crib mattresses. 

After considering the comments, the 

Commission now finalizes the rule with 

a 6-month effective date, because 6 

months typically is sufficient time for 

suppliers to come into compliance with 

a new standard; typical for other CPSIA 

section 104 rules; and usually is the 

period that JPMA allows for products in 

their certification program to shift to a 

new standard, once that new standard is 

published. Accordingly, juvenile 

product manufacturers are accustomed 

to adjusting to new standards within 6 

months, and suppliers have now had 

lead time to prepare for this rule since 

the NPR was published on October 26, 

2020. Finally, many crib mattresses 

within the scope of the final rule require 

no change in design to achieve 

compliance with the final rule. 

XIII. Regulatory Flexibility Act 80

A. Introduction 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601–612, requires that agencies 

review a proposed rule and a final rule 

for the rule’s potential economic impact 

on small entities, including small 

businesses. Section 604 of the RFA 

generally requires that agencies prepare 

a final regulatory flexibility analysis 

(FRFA) when promulgating final rules, 

unless the head of the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Staff prepared 

a FRFA that is available at Tab E of 

Staff’s Final Rule Briefing Package. An 

FRFA is required to describe the impact 

of the rule on small entities and identify 

any alternatives that may reduce the 

impact. Based on staff’s analysis, the 

Commission anticipates a possible 

significant economic impact for one 

small domestic importer and two small 

domestic manufacturers that supply crib 

mattress products to the U.S. market. 

B. Final Rule Objectives, Legal Basis, 

Product Description, and Market 

The objective of the final rule is to 

reduce the risk of injury and death 

associated with full-size crib mattresses, 

non-full-size crib mattresses, and aftermarket mattresses for play yards and 

non-full-size cribs (collectively referred 

to as ‘‘crib mattresses’’). A detailed 

analysis of the objectives and statutory 

basis for the rule are set forth in section 

I of the preamble. Section II.A of this 

preamble describes the products subject 

to this final rule, section II.B describes 

the market for crib mattresses, and 

section II.C describes consumer use of 

crib mattresses. 

C. Small Entities To Which the Draft 

Proposed Rule Would Apply 

Manufacturers of crib mattresses are 

typically categorized under the NAICS 

category 337910 (Mattress 

Manufacturing). The Small Business 

Administration (SBA) guidelines 

consider mattress manufacturing 

establishments to be small if they have 

fewer than 1,000 employees.81

Importers of crib mattresses are 

typically categorized under NAICS code 

423210 (Furniture Merchant 

Wholesalers) and SBA guidelines would 

consider them small if they have fewer 

than 100 employees. 

Staff estimates that approximately 32 

domestic firms supply crib mattresses to 

the U.S. market. Following SBA size 

guidelines, 27 are small firms—14 

domestic manufacturers and 13 

domestic importers. The five remaining 

domestic firms are large manufacturers. 

The expected impact of the draft final 

rule on small manufacturers and 

importers of crib mattresses will differ 

based on whether their crib mattresses 

are already compliant with ASTM 

F2933–21, the size-type of crib mattress 

the firm supplies to the market, and the 

materials used in the crib mattresses. 


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82Based on staff’s compiled search results of data 

available on the internet, April–June 2021. 

83Crib mattresses listed for sale on a variety of 

online retail websites often include product 

descriptions indicating that the crib mattress 

product meets CPSC general safety standards, while 

not referencing any one specific CPSC safety 

standard. 84Manufacturers and importers of children’s 

products must certify compliance with applicable 

federal safety requirements in a Children’s Product 

Certificate (CPC). Testing by a third party CPSCAccepted Laboratory must serve as the basis for the 

production of the CPC. 85Mattresses intended for children must be tested 

at a third-party test laboratory or a fire-walled 

internal laboratory: https://cpsc.gov/s3fs-public/ 

pdfs/blk_media_mattress.pdf. In either case, the lab 

would need to be CPSC-accepted to test to the 

standards since crib mattresses are considered to be 

primarily intended for children 12 and under. 

86Costs associated with modification of a crib 

mattress might include, but are not limited to, costs 

of skilled labor for the modification or redesign; 

costs associated with finding and changing to a new 

materials supplier, if necessary; flammability 

testing costs for the modified model if new ticking 

materials are used; and additional testing costs 

prescribed in ASTM F2933 and those of the final 

rule. 

87 Instructions required shall be provided with 

the mattress and shall be easy to read and 

understand, and shall be in the English language, 

at a minimum. These instructions shall include 

information on assembly, maintenance, cleaning, 

and use, where applicable. 

Staff estimates that approximately 75 

percent of crib mattresses on the market 

are full-size crib mattresses; 

approximately 40 percent of full-size 

crib mattresses are coil/innerspring 

mattresses; and the remaining majority 

are foam-core mattresses.82 Staff 

identified at least 15 small firms that 

only produce foam-core mattresses, 

while many small entities produce a 

combination of both coil and foam-core 

crib mattresses. 

Section VIII of this preamble 

describes the requirements of the final 

rule. Firms whose crib mattresses do not 

already comply with the rule will need 

to evaluate their products, determine 

what changes would be required to meet 

the standard, and decide how to 

proceed. Noncompliant products would 

need to be removed from the U.S. 

market, modified to meet the mandatory 

standard, or remarketed for purposes 

other than use as crib mattresses. New 

crib mattress products introduced to the 

market would also need to comply with 

the standard. 

Crib mattresses will be subject to the 

third party testing and certification 

requirements under the CPSA, as 

codified in 16 CFR part 1107 (children’s 

product testing rule) and 16 CFR part 

1110 (certificate rule), which require 

that manufacturers and importers certify 

that their products comply with the 

applicable children’s product safety 

standards, based on third party testing, 

and subject their products to third party 

testing periodically. Third party testing 

costs are in addition to the costs of 

modifying the crib mattresses to meet 

the standard. For crib mattresses, the 

third party testing costs are expected to 

be about $950 per testing cycle per 

model. This is an increase in the costs 

as estimated in the IRFA in the 2020 

NPR, which estimated a cost of $325 per 

sample. 

D. Impact of Draft Proposed Rule on 

Small Manufacturers and Importers 

Of the 27 small manufacturers and 

importers identified by staff, 14 (9 

manufacturers and 5 importers) are 

members of the JPMA, but staff cannot 

determine how many crib mattresses are 

currently certified to ASTM F2933–21. 

Many of the firms that would be subject 

to the final rule are known to produce 

a variety of children’s products that are 

already subject to a children’s product 

safety rule, and therefore, are familiar 

with such requirements.83 Additionally, 

two firms that are not known to be 

JPMA members, are members of ASTM. 

As required by section 14 of the CPSA 

and its implementing regulations, 

manufacturers and importers of crib 

mattresses would be required to certify 

that their crib mattresses comply with 

the requirements of the draft final rule, 

based on the results of third party 

testing by a CPSC-accepted third party 

conformity assessment body (i.e., testing 

laboratory). However, crib mattresses 

are also already subject to third party 

testing requirements, and therefore, 

firms that supply crib mattresses to the 

U.S. market are already familiar with 

third party testing requirements.84 85

Crib mattresses must already comply 

with two federal mattress flammability 

standards: 16 CFR parts 1632 and 1633. 

Firms that supply crib mattresses that 

are designed or intended primarily for 

children age 12 or under need to 

prepare a Children’s Product 

Certification (CPC) that references parts 

1632 and/or part 1633, when applicable. 

At this time, CPSC staff is not aware of 

any small domestic firms that supply 

crib mattresses to the U.S. market that 

are not compliant with CPSC’s mattress 

flammability standards. Additionally, 

crib mattresses are subject to lead 

testing, unless exempt, phthalate testing 

for certain child care articles, and small 

parts testing and small parts labeling, as 

applicable. The final rule will augment 

these existing requirements. 

As part of the 2020 NPR, the 

Commission requested comments from 

small firms on the number of crib 

mattress models they would typically 

certify to the ASTM standard annually. 

However, the Commission did not 

receive any comments on the request. 

Some small manufacturers and 

importers of crib mattresses to the U.S. 

market would not be subject to all the 

tests proposed in the final rule, because 

the firm may only supply foam-core 

and/or non-full-size crib mattress 

products to the market. 

1. Costs Associated With Modifying 

Products 

The majority of crib mattresses tested 

by staff already meet the performance 

requirements of the final rule, and they 

will not require any modification to 

comply. Although we do not know the 

exact costs of modifying crib mattresses 

to comply with the final rule, we do 

know that such costs would vary by 

product model. During the public 

comment period, CPSC did not receive 

any comments related to one-time costs 

of redesigning a product to meet the 

standard, as proposed. Nonetheless, it is 

possible that some manufacturers of 

noncomplying mattresses might choose 

to drop the model, rather than incur the 

expense associated with modifying it.86

Therefore, a possibility exists that the 

final rule could result in the removal of 

one or more crib mattress models from 

commerce. 

Changes to marking and labeling will 

be necessary on crib mattress products. 

Generally, costs associated marking and 

labeling, as well as providing 

instructional materials, are low on a perunit basis. Many crib mattress suppliers 

already provide instructions with their 

crib products, but firms will need to 

ensure that the content and formatting 

of the instructions required for crib 

mattresses meet the requirements of the 

draft final rule.87 Likewise, the cost of 

warning labels is generally low, 

especially if some warning labels are 

already present, and the product does 

not need to be modified to 

accommodate new labels. 

2. Third Party Testing Costs 

The final rule will require all 

manufacturers and importers of crib 

mattresses to meet additional third party 

testing requirements under section 14 of 

the CPSA. As allowed by the component 

part testing rule (16 CFR 1109), 

importers can rely upon third party tests 

obtained by their suppliers, which 

could reduce the impact on importers. 

In addition, businesses selling products 

covered by this rule were already 

required to certify compliance to general 

children’s product rules for lead, 

phthalates, and small parts with third 

party testing. Accordingly, those third 

party testing costs would not be 

considered new costs of compliance 

with this rule. 


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88 Information provided by the crib mattress 

supplier included quotes received from two 

prominent testing laboratories. 

89The estimated costs of $950 per model for 

testing in the FRFA is an increase over the amount 

estimated in the IFRA. The cost for third party 

testing was estimated to be $250 to $325, per 

sample, in the IRFA. 

Although CPSC did not receive any 

comments on the NPR cost estimates 

provided in the IRFA, ongoing 

discussions with suppliers through 

ASTM indicate third party testing 

bodies will need to develop protocols 

for the testing proposed in the draft final 

rule, as well as establish prices for the 

prescribed testing. Based on information 

from a testing laboratory, the cost of 

testing to the current version of ASTM 

F2933 is $200 to $250 per sample. 

However, the cost of testing varies, 

based on the type of crib mattress and 

the number of samples tested. 

Furthermore, testing rates may have 

changed by accredited labs. According 

to new information provided by one crib 

mattress supplier, the price charged to 

test to ASTM F2933 for suppliers with 

very few models may be as high as $400 

per model tested.88 Costs for additional 

testing required by the final rule could 

increase the cost of testing substantially, 

although not all crib mattresses would 

be subject to all of the testing 

requirements. 

Staff estimates that for a manufacturer 

or importer with 10 crib mattress 

models that require only one test per 

model to provide a high degree of 

assurance, the full cost of third party 

testing will be approximately $4,000, 

plus $2,000 in costs for compression 

testing, plus $1,000 for the cost of 

possible cyclic load testing, plus $2,500 

for required firmness testing, for a total 

of $9,500 in third party testing costs or 

an average of $950 per model.89

3. Summary of Impacts 

Generally, based on SBA guidelines, 

CPSC considers impacts that exceed 1 

percent of a firm’s revenue to be 

potentially significant. The lowest 

reported annual revenue for any small 

domestic firm producing crib mattress 

models was $1.07 million. One percent 

of annual revenue for the firm is 

$10,700 ($1,070,000 × 0.01). 

Consequently, if the costs of modifying 

their mattresses to comply with the 

standard exceeds $10,700, the rule 

should be considered to have a 

significant impact for the firm. This 

would include the costs of modifying 

noncompliant mattresses to comply 

with the requirements, the loss of 

revenue that results from removing 

noncompliant mattresses from their 

product line, and the cost of third party 

testing. For manufacturers or importers 

with greater revenue, the impact of the 

draft proposed rule would have to be 

higher than this for the impact to be 

considered significant. 

Given that a substantial number of 

crib mattresses already comply with the 

requirements of the final rule and some 

of the testing costs are already being 

borne by firms that certify to the current 

voluntary standard, it seems unlikely 

that the rule would have a significant 

impact on a substantial number of small 

entities. Furthermore, CPSC did not 

receive any public comments on the 

costs of the proposed rule, or 

impediments to modifying existing crib 

mattress products to conform to the 

rule, especially those that would result 

in the removal of the mattress product 

from the market. Likewise, CPSC did 

not receive any other comments on 

possible impacts the rule might have on 

small domestic manufacturers or 

importers. Nevertheless, to the extent 

that a crib mattress supplier would need 

to remove a crib mattress model from 

commerce because it will not meet the 

standards of the draft final rule, or the 

product cannot be modified in a costefficient manner, a few small firms 

could potentially consider the costs of 

adopting the final rule to be significant. 

Based on limited data available for 

small private firms serving this market, 

staff identified three small domestic 

firms—two small domestic 

manufacturers and one small domestic 

importer who might consider the impact 

significant and might drop one or more 

crib mattress models from their line. 

E. Other Federal Rules That May 

Duplicate, Overlap, or Conflict With the 

Final Rule 

CPSC staff has not identified any 

other federal rules that duplicate, 

overlap, or conflict with the final rule. 

F. Alternatives Considered To Reduce 

the Impact on Small Entities 

CPSC attempted to minimize the 

impact of the final rule on small entities 

as discussed below: 

1. Requesting Public Comments 

CPSC published an NPR in the 

Federal Register on October 26, 2020 

(85 FR 67906) and requested comments 

on any alternatives to the proposed rule 

that could reduce the burden on small 

entities. Among others, these proposed 

alternatives included adopting the 

ASTM standard, without modification, 

and delaying the effective date of the 

requirements. None of the comments 

CPSC received mentioned a burden or 

impact on small entities, nor expressed 

any concern that the final rule might 

impose on small entities. Additionally, 

CPSC did not receive comments raising 

significant issues in response to the 

IRFA. CPSC did not receive any 

comments from the SBA. 

2. Delay the Effective Date of the 

Requirements 

The APA generally requires that the 

effective date of the rule be at least 30 

days after publication of the final rule. 

5 U.S.C. 553(d). CPSC generally 

considers 6 months to be sufficient time 

for suppliers of durable infant or toddler 

products to come into compliance with 

a new standard under section 104 of the 

CPSIA. Six months is also the period 

that JPMA typically allows for products 

in the JPMA certification program to 

transition to a new standard once that 

standard is published. The NPR 

proposed a 6-month effective date after 

publication of the final rule, for 

products manufactured or imported on 

or after that date. Commenters both 

supported and opposed the 6-month 

effective date. Some commenters urged 

the effective date to be as soon as 

possible, indicating that additional time 

for the rule to become effective would 

put infants at risk. Other commenters 

requested an indefinite delay of the 

rulemakings, until ASTM completes 

changes and updates to the voluntary 

standard, and those associated with crib 

mattresses. 

For the final rule, the Commission 

will retain the proposed 6-month 

effective date for the final rule, because 

suppliers have had lead time to prepare 

for this rule since the NPR was 

published on October 26, 2020. Many 

crib mattresses within the scope of the 

final rule require no change in design to 

achieve compliance with the final rule. 

Furthermore, 6 months from the change 

in a voluntary standard is the time 

frame that JPMA uses for its certification 

program. Consequently, compliant 

manufacturers are accustomed to this 

time frame to comply with a modified 

standard. 

Because some manufacturers of crib 

mattresses may experience some kind of 

economic impact as a result of the final 

rule, providing a 6-month effective date 

should mitigate the effects of the rule on 

small businesses. A 6-month effective 

date will provide manufacturers and 

importers time to spread the impact of 

the rule over a 6-month period, to 

reduce any sudden economic impact of 

the draft final rule. For businesses that 

would choose to exit the crib mattress 

market, or discontinue certain crib 

mattress models currently in production 

(rather than produce conforming 

products), such a delay might provide 

them with time to adjust marketing 


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90This number was derived during the market 

research phase of the initial regulatory flexibility 

analysis by dividing the total number of crib 

mattresses supplied by all crib mattress suppliers 

by the total number of crib mattress suppliers. 

towards other product offerings, sell 

inventory, or consider alternative 

business opportunities. 

3. Consultation With ASTM 

CPSC staff has worked extensively 

with ASTM in the continued 

development and improvement of 

voluntary safety standards for crib 

mattresses referenced in the final rule. 

Members of ASTM include small 

domestic manufacturers and importers 

of products to which the draft final rule 

would apply. Small entities to whom 

the final rule will apply have taken part 

in discussions and engaged in product 

testing during the development of the 

standard. Feedback from these entities 

was considered by ASTM and CPSC in 

developing the revised voluntary 

standard and final rule, respectively. 

XIV. Environmental Considerations 

The Commission’s regulations address 

whether the agency is required to 

prepare an environmental assessment or 

an environmental impact statement. 

Under these regulations, certain 

categories of CPSC actions normally 

have ‘‘little or no potential for affecting 

the human environment,’’ and therefore, 

they do not require an environmental 

assessment or an environmental impact 

statement. Safety standards providing 

requirements for products come under 

this categorical exclusion. 16 CFR 

1021.5(c)(1). The final rule for crib 

mattresses falls within the categorical 

exclusion. 

XV. Paperwork Reduction Act 

This final rule for crib mattresses 

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. 3501–3521). In this 

document, pursuant to 44 U.S.C. 

3507(a)(1)(D), we set forth: 

D A title for the collection of 

information; 

D a summary of the collection of 

information; 

D a brief description of the need for 

the information, and the proposed use 

of the information; 

D a description of the likely 

respondents and proposed frequency of 

response to the collection of 

information; 

D an estimate of the burden that shall 

result from the collection of 

information; and 

D notice that comments may be 

submitted to the OMB. 

The preamble to the NPR (85 FR 

67927–28) discussed the information 

collection burden of the proposed rule 

and specifically requested comments on 

the accuracy of our estimates. The OMB 

assigned control number 3041–0185 for 

this information collection. We did not 

receive any comment regarding the 

information collection burden of the 

proposal in the NPR. For the final rule, 

we update the estimated number of crib 

mattress manufacturers, from 26 to 28, 

and the estimated average number of 

models per manufacturer, from 12 to 10, 

which alters the estimated total burden, 

as described below. In accordance with 

PRA requirements, the Commission 

provides the following information: 

Title: Safety Standard for Crib 

Mattresses. 

Description: The final rule requires 

each crib mattress within the scope of 

the rule to comply with ASTM F2933– 

21, Standard Consumer Safety 

Specification for Crib Mattresses, 

including the additional requirements 

summarized in section VIII of this 

preamble. Section 7 of ASTM F2933–21, 

and a new section 8 in the final rule, 

contain requirements for marking, 

labeling, and instructional literature. 

These requirements fall within the 

definition of ‘‘collection of 

information,’’ as defined in 44 U.S.C. 

3502(3). 

Description of Respondents: Persons 

who manufacture or import crib 

mattresses. 

Estimated Burden: We estimate the 

burden of this collection of information 

as follows: 

TABLE 8—ESTIMATED ANNUAL REPORTING BURDEN

16 CFR section Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

1241.2(a), (b) ....................................................................... 38 10 380 1 380 

Our estimate is based on the 

following: 

The Commission is finalizing the 

proposal in the NPR to modify several 

sections of the voluntary standard for 

crib mattresses, ASTM F2933, but is 

now making these modifications to the 

newly revised ASTM F2933–21. As 

proposed, the Commission is modifying 

section 7 of ASTM F2933 and adding a 

new section 8 on instructional 

literature, to bring the standard into 

alignment with other safety standards 

for durable infant or toddler products. 

For example, in addition to improved 

warning format and content, 

modifications to section 7.1.1 of ASTM 

F2933–21 will require that the name 

and the place of business (city, state, 

and mailing address, including zip 

code) or telephone number of the 

manufacturer, distributor, or seller be 

marked clearly and legibly on each 

product and its retail package. 

Modifications to section 7.1.2 of ASTM 

F2933 also require a code mark or other 

means that identifies the date (month 

and year, as a minimum) of 

manufacture. Modifications to section 

7.2 of ASTM F2933 require marking and 

labeling on the product to be 

permanent. 

For the final rule, we update the 

number of known entities supplying 

crib mattresses in the U.S. market from 

26 to 38. To comply with the final rule, 

these entities may need to make some 

modifications to existing product labels. 

We estimate that the time required to 

make these modifications is about 1 

hour per model. Based on an evaluation 

of supplier product lines, for the final 

rule, we have also revised the average 

number of crib mattress models for each 

manufacturer from 12 to 10.90 The 

revised estimated burden associated 

with labels for the final rule is 1 hour 

per model × 38 entities × 10 models per 

entity = 380 hours. The updated 

estimate of the hourly compensation for 

the time required to create and update 

labels is $33.78 (U.S. Bureau of Labor 

Statistics, ‘‘Employer Costs for 

Employee Compensation,’’ March 2021, 

total compensation for all sales and 

office workers in goods-producing 

private industries: http://www.bls.gov/ 

ncs/). Therefore, for the final rule, our 

estimated annual cost to industry 

associated with the labeling 

requirements is $12,836.40 ($33.78 per 

hour × 380 hours = $12,836.40). No 

operating, maintenance, or capital costs 

are associated with the collection. 


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As proposed, the final rule also adds 

a new section 8 that requires 

instructions to be supplied with the crib 

mattress. The instructions are required 

to: (a) Be easy to read and understand; 

(b) include information regarding 

assembly, maintenance, cleaning, and 

use, where applicable; and (c) address 

the same warning and safety-related 

statements that must appear on the 

product, with similar formatting 

requirements, but without the need to 

be in color. Under the 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 required to 

comply are ‘‘usual and customary.’’ 

Based on staff’s review of product 

information online, approximately 76 

percent of firms that supply cribs to the 

crib mattress market already provide 

instructional literature to consumers for 

products intended for use by children. 

All of the firms that supply crib 

mattresses already provide customer 

support for use of their children’s 

products. Therefore, we estimate that no 

burden hours are associated with the 

addition of section 8 to ASTM F2933– 

21 in the final rule, because any burden 

associated with supplying instructions 

with crib mattresses are ‘‘usual and 

customary’’ and not within the 

definition of ‘‘burden’’ under the OMB’s 

regulations. 

Based on this analysis, the mandatory 

standard for crib mattresses will impose 

a burden to industry of 380 hours at a 

cost of $12,836.40 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 final rule to the OMB. 

XVI. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), states that when a consumer 

product safety standard is in effect and 

applies to a product, no state or political 

subdivision of a state may either 

establish or continue in effect a standard 

or regulation that prescribes 

requirements for the performance, 

composition, contents, design, finish, 

construction, packaging, or labeling of 

such product 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.’’ Therefore, once 

this final rule for crib mattresses issued 

under section 104 of the CPSIA takes 

effect, the rule will preempt in 

accordance with section 26(a) of the 

CPSA. 

XVII. Congressional Review Act 

The Congressional Review Act (CRA; 

5 U.S.C. 801 through 808) states that, 

before a rule may take effect, the agency 

issuing the rule must submit the rule, 

and certain related information, to each 

House of Congress and the Comptroller 

General. 5 U.S.C. 801(a)(1). The 

submission must indicate whether the 

rule is a ‘‘major rule.’’ The CRA states 

that the Office of Information and 

Regulatory Affairs (‘‘OIRA’’) determines 

whether a rule qualifies as a ‘‘major 

rule.’’ Pursuant to the CRA, OIRA 

designated this rule as not a ‘‘major 

rule,’’ as defined in 5 U.S.C. 804(2). A 

‘‘major rule’’ is one that the 

Administrator of OIRA finds has 

resulted in, or is likely to result in: (A) 

An annual effect on the economy of 

$100,000,000 or more; (B) a major 

increase in costs or prices for 

consumers, individual industries, 

federal, state, or local government 

agencies, or geographic regions; or (C) a 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 5 U.S.C. 804(2). To 

comply with the CRA, CPSC will submit 

the required information to each House 

of Congress and the Comptroller 

General. 

List of Subjects 

16 CFR Part 1112 

Administrative practice and 

procedure, Audit, Consumer protection, 

Reporting and recordkeeping 

requirements, Third party conformity 

assessment body. 

16 CFR Part 1130 

Administrative practice and 

procedure, Business and industry, 

Consumer protection, Reporting and 

recordkeeping requirements. 

16 CFR Part 1241 

Consumer protection, Imports, 

Incorporation by reference, Infants and 

children, Labeling, Law enforcement, 

and Mattresses. 

For the reasons discussed in the 

preamble, the Commission amends Title 

16 of the Code of Federal Regulations as 

follows: 

PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

■ 1. The authority citation for part 1112 

continues to read as follows: 

Authority: 15 U.S.C. 2063; Pub. L. 110– 

314, section 3, 122 Stat. 3016, 3017 (2008). 

■ 2. Amend § 1112.15 by adding 

paragraph (b)(50) to read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

and/or test method? 

* * * * * 

(b) * * * 

(50) 16 CFR part 1241, Safety 

Standard for Crib Mattresses. 

* * * * * 

PART 1130—REQUIREMENTS FOR 

CONSUMER REGISTRATION OF 

DURABLE INFANT OR TODDLER 

PRODUCTS 

■ 3. The authority citation for part 1130 

continues to read as follows: 

Authority: 15 U.S.C. 2056a, 2056(b). 

■ 4. Amend § 1130.2 by revising 

paragraphs (a)(16) and (a)(17), and 

adding paragraph (a)(18) to read as 

follows: 

§ 1130.2 Definitions. 

* * * * * 

(a) * * * 

(16) Infant bathtubs; 

(17) Bed rails; and 

(18) Crib mattresses. 

* * * * * 

■ 5. Add part 1241 to read as follows: 

PART 1241—SAFETY STANDARD FOR 

CRIB MATTRESSES 

Sec. 

1241.1 Scope. 

1241.2 Requirements for crib mattresses. 

Authority: Sec. 104, Pub. L. 110–314, 122 

Stat. 3016 (15 U.S.C. 2056a); Sec. 3, Pub. L. 

112–28, 125 Stat. 273. 

§ 1241.1 Scope. 

This part establishes a consumer 

product safety standard for crib 

mattresses. The scope of this standard 

for crib mattresses includes all crib 

mattresses within the scope of ASTM 

F2933, Standard Consumer Safety 

Specification for Crib Mattresses, 

including: Full-size crib mattresses, 

non-full-size crib mattresses, and aftermarket mattresses for play yards and 

non-full-size cribs. 


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8674 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

§ 1241.2 Requirements for crib mattresses. 

(a) Except as provided in paragraph 

(b) of this section, each crib mattress 

must comply with all applicable 

provisions of ASTM F2933–21, 

Standard Consumer Safety Specification 

for Crib Mattresses (approved on June 

15, 2021). The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. You may 

obtain a copy from ASTM International, 

100 Bar Harbor Drive, P.O. Box 0700, 

West Conshohocken, PA 19428; http:// 

www.astm.org/cpsc.htm. Once 

incorporated by reference, you may 

review a read-only copy of ASTM 

F2933–21 at http://www.astm.org/ 

READINGROOM/. You may also inspect 

a copy at the Division of the Secretariat, 

U.S. Consumer Product Safety 

Commission, Room 820, 4330 East-West 

Highway, Bethesda, MD 20814, 

telephone 301–504–7923, or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(b) Comply with ASTM F2933–21 

with the following additions or 

exclusions: 

(1) Instead of complying with section 

3.1.2 of ASTM F2933–21, comply with 

the following: 

(i) 3.1.2 conspicuous, adj—visible 

when the mattress is being handled by 

a consumer placing the mattress in its 

intended use position in a product. 

(ii) [Reserved] 

(2) Add the following paragraph to 

section 3.1 of ASTM F2933–21: 

(i) 3.1.11 sleep surface, n—The 

product component, or group of 

components, providing the horizontal 

plane, or nearly horizontal plane (≤10°), 

intended to support an infant during 

sleep. 

(ii) [Reserved] 

(3) Instead of complying with section 

5.7.1.1 of ASTM F2933–21, comply with 

the following: 

(i) 5.7.1.1 Mattress Size—The 

dimensions of a full-size crib mattress 

shall measure at least 271⁄4 in. (690 mm) 

wide and 515⁄8 in. (1310 mm) long. 

When the mattress with the test mattress 

sheet is placed against the perimeter 

and in the corner of the crib, the corner 

gap shall not exceed 3.15 in. (80.0 mm). 

Dimensions shall be tested in 

accordance with 6.2. 

(ii) [Reserved] 

(4) Instead of complying with section 

5.7.2 through 5.7.2.2 of ASTM F2933– 

21, comply with the following: 

(i) 5.7.2 Non-Full-Size Crib 

Mattresses—For the purposes of this 

section, the term product refers to a 

non-full-size crib. 

(ii) 5.7.2.1 Mattress supplied with a 

non-full-size crib: Shall meet the 

specifications of Stability; Cord/Strap 

Length; Mattresses for Rigid sided 

products; and Crib Side Height of 16 

CFR part 1220, Safety Standard for NonFull-Size Baby Cribs, when tested with 

the product with which it is supplied. 

(iii) 5.7.2.2 After-market mattresses 

for non-full-size cribs: Shall be treated 

as though the mattresses were ‘‘the 

mattress supplied with a non-full-size 

crib’’ and shall meet the specifications 

of Stability; Cord/Strap Length; 

Mattresses for Rigid sided products; and 

Crib Side Height in 16 CFR part 1220, 

Safety Standard for Non-Full-Size Baby 

Cribs, when tested to the equivalent 

interior dimension of the product for 

which it is intended to be used. 

(iv) 5.7.2.3 The after-market mattress 

must be at least the same size as the 

original equipment mattress or larger 

and lay flat on the floor of the product, 

in contact with the product mattress 

support structure. 

(v) 5.7.2.4 If the original equipment 

mattress includes a floor support 

structure, the after-market mattress must 

include a floor support structure that is 

at least as thick as the original 

equipment mattress floor support 

structure. 

(vi) 5.7.2.5 If the original equipment 

mattress includes storage 

accommodations for the product 

instruction manual, the after-market 

mattress shall provide equivalent 

storage accommodations for the product 

instruction manual. 

(5) Instead of complying with section 

5.9 through 5.9.1.2 of ASTM F2933–21, 

comply with the following: 

(i) 5.9 After-Market Mattress for Play 

Yard—For the purposes of this section, 

the term ‘‘product’’ refers to a play yard. 

(ii) 5.9.1 For Mesh/Fabric Sided Play 

Yard Products: 

(iii) 5.9.1.1 The after-market 

mattress and product it is tested in shall 

meet the applicable requirements of the 

following sections of 16 CFR part 1221, 

Safety Standard for Play Yards, when 

tested with each brand and model of 

product for which it is intended to 

replace the mattress: Stability; Cord/ 

Strap Length; Mattress; Height of Sides; 

Floor Strength; Mattress Vertical 

Displacement. 

(iv) 5.9.1.2 If the aftermarket 

mattress is intended to be used in the 

bassinet of a play yard with a bassinet 

attachment, the mattress shall also meet 

the specifications of the following 

sections of 16 CFR part 1218, Safety 

Standard for Bassinets and Cradles, 

when tested with each brand and model 

for which it is intended to replace the 

mattress: Pad Thickness for Fabric or 

Mesh Sided Products; Pad dimensions; 

Side Height; Bassinets with Segmented 

Mattresses. This section applies only to 

a play yard mattress that is 

interchangeably used as a play yard 

mattress and as a bassinet mattress/pad. 

(6) Add the following paragraphs to 

section 5 of ASTM F2933–21: 

(i) 5.10 Mattress Firmness. 

(ii) 5.10.1 All crib mattresses within 

the scope of this standard, when tested 

in accordance with 6.3, the feeler arm 

shall not contact the sleep surface of the 

crib mattress. 

(iii) 5.11 Coil Springs. The 

requirements in this section only 

pertain to crib mattresses with coil 

springs. 

(iv) 5.11.1 When tested in 

accordance with 6.4, there shall be no 

exposed coil springs or metal wires. 

(7) Renumber section 6.2.2 of ASTM 

F2933–21 to section 6.2.3. 

(8) Renumber section 6.2.2.1 of ASTM 

F2933–21 to section 6.2.3.1. 

(9) Renumber section 6.2.2.2 of ASTM 

F2933–21 to section 6.2.3.2. 

(10) Renumber section 6.2.2.3 of 

ASTM F2933–21 to section 6.2.3.3. 

(11) Renumber section 6.2.2.4 of 

ASTM F2933021 to section 6.2.3.4. 

(12) Add the following paragraphs to 

section 6.2.3 of ASTM F2933021: 

(i) 6.2.3.5 The test mattress sheet 

shall be placed on the mattress such that 

each sheet edge is wrapped fully around 

and under the mattress. 

(ii) 6.2.3.6 Repeat step 6.2.3.2. Then 

measure the shortest gap between the 

mattress and the projected crib corner 

after the dimensions of the mattress 

have been recorded. The projected crib 

corner is located 53 in. ± 1⁄8 in. (1346 

mm ± 3.2 mm) from Wall C and 285⁄8 in. 

± 1⁄8 in. (727 mm ± 3.2 mm) from Wall 

D, as shown in Fig. 2. The mattress shall 

not be moved during measurement. This 

shall be the corner gap measurement. 

(iii) 6.2.3.7 Rotate the mattress 180° 

such that the opposing corner is 

adjacent to Walls C and D, then repeat 

6.2.3.6. 

(13) Instead of complying with section 

6.2.2 of ASTM F2933–21, comply with 

the following: 

(i) 6.2.2 Test Equipment-Mattress 

Sheet: 

(ii) 6.2.2.1 The mattress sheet shall 

be 100% cotton and fitted for the 

mattress to be tested. 

(iii) 6.2.2.2 The mattress sheet shall 

be washed in hot water (50 °C [122 °F] 

or higher) and dried a minimum of two 

times on the highest setting using 

household textile laundering units. This 

shall be the test mattress sheet. 


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(14) Add the following paragraphs as 

section 6.3 of ASTM F2933–21. 

(i) 6.3 Mattress Firmness. 

(ii) 6.3.1 Test Fixture: 

(iii) 6.3.1.1 The fixture, as shown in 

Fig. 3, shall be a rigid, robust object 

with a round footprint of diameter 203 

mm ± 1 mm, and an overall mass of 

5200 g ± 20 g. The lower edge of the 

fixture shall have a radius not larger 

than 1 mm. Overhanging the footprint 

by 40 mm ± 2 mm shall be a flexible, 

flat bar of width 12 mm ± 0.2 mm with 

square-cut ends. This bar may be 

fashioned from a shortened hacksaw 

blade. The bar shall rest parallel to the 

bottom surface of the fixture and shall 

be positioned at a height of 15 mm ± 0.2 

mm above the bottom surface of the 

fixture. The bar shall lay directly over 

a radial axis of the footprint (i.e., such 

that a longitudinal centerline of the bar 

would pass over the center of the 

footprint). 

(iv) 6.3.1.2 Included on the fixture, 

but not overhanging the footprint, shall 

be a linear level that is positioned on a 

plane parallel to the bar, and in a 

direction parallel to the bar. 

(v) 6.3.1.3 Other parts of the fixture, 

including any handle arrangement and 

any clamping arrangement for the bar, 

shall not comprise more that 30% of the 

total mass of the fixture, and shall be 

mounted as concentric and as low as 

possible. 

(vi) 6.3.2 Test Method: 

(vii) 6.3.2.1 Mattresses that are 

supplied with a product shall be tested 

when positioned on that product. 

Mattresses sold independent of a 

product, shall be tested on a flat, rigid, 

horizontal support. After-market 

mattresses for play yards and non-fullsize cribs shall be tested with each 

brand and model of product it is 

intended to replace. 

(viii) 6.3.2.2 Where a user of a 

mattress could possibly position either 

side face up, even if this is not an 

intended use, then both sides of the 

mattress shall be tested. 

(ix) 6.3.2.3 Before testing each 

mattress, the following steps shall be 

followed: 

(A) Verify there is no excess moisture 

in the mattress, beyond reasonable 

laboratory humidity levels. 

(B) Allow sufficient time per the 

manufacturer’s instructions to fully 

inflate, if shipped in a vacuum sealed 

package. 

(C) Shake and or agitate the mattress 

in order to fully aerate and distribute all 

internal components evenly. 

(D) Place the mattress in the 

manufacturer’s recommended use 

position if there is one, in the supplied 

product, or on a flat, rigid, horizontal 

support. 

(E) Let the mattress rest for at least 5 

minutes. 

(F) Mark a longitudinal centerline on 

the mattress sleep surface, and divide 

this line in half. This point will be the 

first test location. Then further divide 

the two lines on either side of the first 

test location into halves. These will be 

the second and third test locations. 

(x) 6.3.2.4. Position the test fixture on 

each of the test locations, with the 

footprint of the fixture centered on the 

location, with the bar extending over the 

centerline and always pointing at the 

same end of the mattress sleep surface. 

(A) At each test location in turn, 

rotate the bar to point in the required 

direction, and gently set the fixture 

down on the mattress sleep surface, 

ensuring that the footprint of the fixture 

does not extend beyond the edge of the 

mattress. The fixture shall be placed as 

horizontal as possible, using the level to 

verify. If the bar makes contact with the 

top of the mattress sleep surface, even 

slightly, the mattress is considered to 

have failed the test. 

(B) Repeat Step (A) at the remaining 

locations identified in 6.3.2.3(F). 

(C) Repeat Step (A) at a location away 

from the centerline most likely to fail 

(e.g. a very soft spot on the sleep surface 

or at a raised portion of the sleep 

surface). In the case of testing a raised 

portion of a sleep surface, position 

center of the fixture such that the bar is 

over the raised portion, to simulate the 

position of an infant’s nose. 

(D) In the event that the fixture is not 

resting in a nearly horizontal 

orientation, repeat the test procedure at 

that location by beginning again from 

paragraph (b)(14)(x)(A). However, if the 

test produces a fail even with the device 

tilted back away from the bar so as to 

raise it, then a fail can be recorded. 

(15) Add the following paragraphs as 

section 6.4 of ASTM F2933–21: 

(i) 6.4 Coil Spring Test. 

(ii) 6.4.1 General—This test consists 

of dropping a specified weight 

repeatedly onto the mattress. The test 

assists in evaluating the structural 

integrity of a mattress with coil springs. 

(iii) 6.4.2 Test Fixture: 

(iv) 6.4.2.1 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 Fig. 4). 

(v) 6.4.2.2 A 30-lb (13.6-kg) impact 

mass (see Fig. 5 and Fig. 6). 

(vi) 6.4.2.3 A 6-in. (150-mm) long 

gauge. 

(vii) 6.4.2.4 An enclosed frame 

measuring 29 inches by 53 inches (737 

mm by 1346 mm) for the purpose of 

restricting mattress movement. When 

testing full-size mattresses, a full-size 

crib meeting the requirements of ASTM 

F1169–19 would suffice. 

(viii) 6.4.2.5 A 3⁄4′′ piece of plywood 

or oriented strand board (OSB) that is 

rigidly supported along the perimeter. 

(ix) 6.4.3 Test Method: 

(x) 6.4.3.1 Place the mattress on the 

wooden support and inside the enclosed 

frame. 

(xi) 6.4.3.2 Position geometric center 

of the impact mass above the geometric 

center of the test mattress. 

(xii) 6.4.3.3 Adjust the distance 

between the top surface of the mattress 

and bottom surface of the impact mass 

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

mm) long gauge, per 6.4.2.3) 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 as a result of the 

mattress compressing or the mattress 

support deforming or moving during 

impacting. 

(xiii) 6.4.3.4 Allow the 30-lb (13.6- 

kg) impact mass to fall freely 250 times 

at the rate of one impact every 4 s. Load 

retraction shall not begin until at least 

2 s after the start of the drop. 

(xiv) 6.4.3.5 Repeat the step 

described in 6.4.3.4 at the other test 

locations shown in Fig. 7. 

(xv) 6.4.4 The coil spring test shall 

be repeated on each surface of the 

mattress. The test shall not be repeated 

using a mattress that has been 

previously tested with the coil spring 

test. 

(16) Add the following Figures to 

section 6 of ASTM F2933–21: 

(i) Figure 2. 


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(ii) Figure 3. 


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Wallo 

Shortest gap shall not exceed 3.15 inches 

~ 

IN-------------------------+IProjected Crib Corner 

53inches 

Figure 2. Projected crib corner and corner gap measurement location 

BoUomDist ....... 

FeelerAml 

Figure 3. Mattress Firmness Test Fixture 

Column 

I.owuCollac 

Level 
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8677 

91Reprinted, with permission, from ASTM 

F1169–19 Standard Consumer Safety Specification 

for Full-Size Baby Cribs, copyright ASTM 

International, 100 Barr Harbor Drive, West 

Conshohocken, PA 19428. A copy of the complete 

standard may be obtained from ASTM 

International, www.astm.org. 

(iii) Figure 4.91

(iv) Figure 5. 


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Figure 4. Typical free fall impacting system91 

2almm(=2tm1) 

RADIUS 

RA'IOII 

C:::"'2~ DIAMEmE 

s ... 

("'9.Smm) 

RADIUS 

RA'IOII 

Figure 5. Profile of Impact mass90 
8678 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

(v) Figure 6. 

(vi) Figure 7. 

(17) Instead of complying with 

sections 7.1 and 7.2 of ASTM F2933–21, 

comply with the following: 

(i) 7.1 Each mattress and its retail 

package shall be marked or labeled 

clearly and legibly to indicate the 

following: 

(ii) 7.1.1 The name, place of 

business (city, state, and mailing 

address, including zip code), and 

telephone number of the manufacturer, 

distributor, or seller. 

(iii) 7.1.2 A code mark or other 

means that identifies the date (month 

and year at a minimum) of manufacture. 

(iv) 7.2 The marking and labeling on 

the product shall be permanent. 

(18) Do not comply with sections 

7.2.1, 7.2.2, 7.2.2.1, 7.2.2.2, and 7.2.2.3 

of ASTM F2933–21. 

(19) Instead of complying with 

sections 7.3, 7.3.1, 7.3.2, and 7.3.3 of 

ASTM F2933–21, comply with the 

following: 

(i) 7.3 Any upholstery labeling 

required by law shall not be used to 

meet the requirements of this section. 

(ii) [Reserved] 

(20) Instead of complying with 

sections 7.4 and 7.4.1 of ASTM F2933– 

21, comply with the following: 

(i) 7.4 Warning Design for 

Mattresses: 

(ii) 7.4.1 The warnings shall be easy 

to read and understand and be in the 

English language at a minimum. 

(iii) 7.4.2 Any marking or labeling 

provided in addition to those required 

by this section shall not contradict or 

confuse the meaning of the required 

information, or be otherwise misleading 

to the consumer. 

(iv) 7.4.3 The warnings shall be 

conspicuous and permanent. 

(v) 7.4.4 The warnings shall conform 

to ANSI Z535.4—2011, American 

National Standard for Product Safety 

Signs and Labels, sections 6.1–6.4, 7.2– 

7.6.3, and 8.1, with the following 

changes. 

(vi) 7.4.4.1 In sections 6.2.2, 7.3, 7.5, 

and 8.1.2, replace ‘‘should’’ with 

‘‘shall.’’ 

(vii) 7.4.4.2 In section 7.6.3, replace 

‘‘should (when feasible)’’ with ‘‘shall.’’ 

(viii) 7.4.4.3 Strike the word 

‘‘safety’’ when used immediately before 

a color (e.g., replace ‘‘safety white’’ with 

‘‘white’’). 


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Figure 6. Photo of typical impact mass90 

L 

L/2 

6 in. {15.2 cm) 

W/2 

w 

Figure 7. Impact test locations 
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8679 

(ix) Note 3—For reference, ANSI 

Z535.1 provides a system for specifying 

safety colors. 

(x) 7.4.5 The safety alert symbol 

‘‘[Safety Alert Symbol]’’ and the signal 

word ‘‘WARNING’’ shall be at least 0.2 

in. (5 mm) high. The remainder of the 

text shall be in characters whose upper 

case shall be at least 0.1 in. (2.5 mm), 

except where otherwise specified. 

(xi) Note 4—For improved warning 

readability, typefaces with large heightto-width ratios, which are commonly 

identified as ‘‘condensed,’’ 

‘‘compressed,’’ ‘‘narrow,’’ or similar 

should be avoided. 

(xii) 7.4.6 Message Panel Text 

Layout: 

(xiii) 7.4.6.1 The text shall be left 

aligned, ragged right for all but one-line 

text messages, which can be left aligned 

or centered. 

(xiv) Note 5—Left aligned means that 

the text is aligned along the left margin, 

and, in the case of multiple columns of 

text, along the left side of each 

individual column. Please see FIG. 8 for 

examples of left aligned text. 

(xv) 7.4.6.2 The text in each column 

should be arranged in list or outline 

format, with precautionary (hazard 

avoidance) statements preceded by 

bullet points. Multiple precautionary 

statements shall be separated by bullet 

points if paragraph formatting is used. 

(xvi) 7.4.7 Example warnings in the 

format described in this section are 

shown in FIGS. 9, 10, and 11. 

(21) Instead of complying with 

sections 7.5, 7.5.1, 7.5.2, 7.5.3, 7.5.3.1, 

and 7.5.3.2 of ASTM F2933–21, comply 

with the following: 

(i) 7.5 Warning Statements—Each 

mattress shall have warning statements 

to address the following, at a minimum, 

unless otherwise specified. The blank in 

the mattress fit statement beginning 

with ‘‘If a gap is larger than,’’ needs to 

be filled with ‘‘11⁄2 in. (3.8 cm)’’ for fullsize crib mattresses and ‘‘1 in. (2.5 cm)’’ 

for all other mattresses. 

(ii) Note 6—Address means that 

verbiage other than what is shown can 

be used as long as the meaning is the 

same or information that is productspecific is presented. 

SIDS AND SUFFOCATION HAZARDS 

ALWAYS place baby on back to sleep 

to reduce the risks of SIDS and 

suffocation. 

Babies have suffocated: 

• on pillows, comforters, and extra 

padding 

• in gaps between a wrong-size 

mattress, or extra padding, and side 

walls of product. 

NEVER add soft bedding, padding, or 

an extra mattress. 

USE ONLY one mattress at a time. 

DO NOT cover the faces or heads of 

babies with a blanket or over-bundle 

them. Overheating can increase the risk 

of SIDS. 

ALWAYS check mattress fit every 

time you change the sheets, by pushing 

mattress tight to one corner. Look for 

any gaps between the mattress and the 

side walls. If a gap is larger than ll, 

the mattress does not fit—do not use it. 

(iii) Renumber section 7.3.1 of ASTM 

F2933–21 to section 7.5.1. 

(iv) In section 7.5.1, replace the 

reference to ‘‘7.3’’ with a reference to 

‘‘7.5.’’ 

(v) In section 7.5.1, replace the term 

‘‘Only use’’ with the term ‘‘USE ONLY.’’ 

(vi) Renumber section 7.3.2 of ASTM 

F2933–21 to section 7.5.2. 

(vii) In section 7.5.2, replace the term 

‘‘For non-full-size crib mattresses’’ with 

the term ‘‘For non-full-size crib 

mattresses and after-market mattresses 

for play yards and non-full-size cribs.’’ 

(viii) In section 7.5.2, replace the 

reference to ‘‘7.3’’ with a reference to 

‘‘7.5.’’ 

(ix) In section 7.5.2, replace the term 

‘‘Only use’’ with the term ‘‘USE ONLY.’’ 

(x) Renumber section 7.3.3 of ASTM 

F2933–21 to section 7.5.3. 

(xi) In section 7.5.3, replace the term 

‘‘may be included’’ with ‘‘are permitted, 

and replace the term ‘‘7.3 and 7.4’’ with 

‘‘7.5 and 7.6’’. 

(22) Instead of complying with 

sections 7.6, 7.6.1, 7.6.1.1, 7.6.1.2, or 7.7 

of ASTM F2933–21, comply with the 

following: 

(i) 7.6 The following warning 

statement shall be included exactly as 

stated in this paragraph (b)(22)(i) and 

shall be located at the bottom of the 

warnings on each mattress: 

DO NOT remove these important 

safety warnings. 

(ii) 7.7 Additional Marking and 

Warnings for After-Market Mattresses 

for Play Yards and Non-Full-Size 

Cribs—The mattress shall have: 

(iii) 7.7.1 All warnings added by the 

original manufacturer which are in 

addition to those required by this 

standard. 

(iv) 7.7.2 Assembly/attachment 

instructions that were provided on the 

original mattress. 

(v) 7.7.3 The specific brand(s) and 

model(s) number(s) of the product(s) in 

which it is intended to be used. 

(vi) 7.7.4 For Rigid Sided 

Rectangular Products—the following 

statement shall appear exactly as stated 

in this paragraph (b)(22)(vi) (the blanks 

are to be filled in as appropriate). 

This mattress measures ll long, 

ll wide, and ll thick when 

measured from seam to seam. 

(23) Add the following paragraphs as 

section 7.8 of ASTM F2933–21: 

(i) 7.8 Warning Design for Retail 

Packages. 

(ii) 7.8.1 The warnings and 

statements are not required on the retail 

package if they are on the mattress and 

are visible in their entirety through the 

retail package. Cartons and other 

materials used exclusively for shipping 

the mattress are not considered retail 

packaging. 

(iii) 7.8.2 Warning Statements—Each 

mattress’ retail package shall have 

statements to address the following, at 

a minimum, and as specified in 7.4.1, 

7.4.2, and 7.4.4–7.4.6. 

(iv) 7.8.2.1 For full-size crib 

mattresses, each mattress’ retail package 

shall be labeled with the warnings and 

statements specified in 7.5 and 7.5.1. 

(v) 7.8.2.2 For non-full-size crib 

mattresses and after-market mattresses 

for play yards and non-full-size cribs, 

each mattress’ retail package shall be 

labeled with the warnings and 

statements specified in 7.5, 7.5.2, 7.7.1– 

7.7.4, as applicable. 

(24) Add the following figures to 

section 7 of ASTM F2933–21: 

BILLING CODE 6355–01–P 


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(i) Figure 8. 


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FIG. 8 Examples of Left Aligned Text. 

This figure is not shown in actual size. 
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(ii) Figure 9. 


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SIDS AND SUFFOCATION HAZARDS 

ALWAYS place baby on back to sleep to reduce the risks of SIDS 

and suffocation. 

Babies have suffocated: 

• on pillows, comforters, and extra padding 

• in gaps between a wrong-size mattress, or extra padding, 

and side walls of product. 

NEVER add soft bedding, padding, or an extra mattress. 

USE ONLY one mattress at a time. 

DO NOT cover the faces or heads of babies with a blanket or overbundle them. Overheating can increase the risk of SIDS. 

ALWAYS check mattress fit every time you change the sheets, 

by pushing mattress tight to one corner. Look for any gaps between 

the mattress and the side walls. If a gap is larger than 1 1⁄2 in. (3.8 

cm}, the mattress does not fit - do not use it. 

DO NOT use this mattress in a crib having interior dimensions that 

exceed 28% by 53 in. (73 by 135 cm) as measured from the 

innermost surfaces of the crib. 

USE ONLY sheets and mattress pads designed specifically for crib 

mattresses. 

FIG. 9 Example of warning label for Full-Size Crib Mattress. 

This figure is not shown in actual size. 
8682 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

(iii) Figure 10. 


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SIDS AND SUFFOCATION HAZARDS 

ALWAYS place baby on back to sleep to reduce the risks of SIDS 

and suffocation. 

Babies have suffocated: 

• on pillows, comforters, and extra padding 

• in gaps between a wrong-size mattress, or extra padding, 

and side walls of product. 

NEVER add soft bedding, padding, or an extra mattress. 

USE ONLY one mattress at a time. 

DO NOT cover the faces or heads of babies with a blanket or overbundle them. Overheating can increase the risk of SIDS. 

ALWAYS check mattress fit every time you change the sheets, 

by pushing mattress tight to one corner. Look for any gaps between 

the mattress and the side walls. If a gap is larger than 1 in. (2.5 

cm), the mattress does not fit - do not use it. 

USE ONLY sheets and mattress pads designed specifically for this 

mattress size. 

[All warnings added by the original manufacturer which are in 

addition to those required by this standard.] 

[Assembly/attachment instructions that were provided on the 

original mattress.] 

[The specific brand(s) and model(s) number(s) of the product(s) in 

which the mattress is intended to be used.] 

DO NOT remove these im ortant safet warnin s. 

FIG. 10 Example of warning label for After-Market Mattress for 

Mesh/Fabric Sided Products and Rigid Sided Non-Rectangular Products. 

Items italicized in brackets are to be added as appropriate. 

This figure is not shown in actual size. 
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8683 

(iv) Figure 11. 

(25) Redesignate section 8 of ASTM 

F2933–21 as section 9. 

(26) Add a new section 8 of ASTM 

F2933–21: 

(i) 8. Instructional Literature. 

(ii) 8.1 Instructions shall be 

provided with the mattress and shall be 

easy to read and understand, and shall 

be in the English language, at a 

minimum. These instructions shall 

include information on assembly, 

maintenance, cleaning, and use, where 

applicable. 

(iii) 8.2 The instructions shall have 

statements to address the following, at 

a minimum. 

(iv) 8.2.1 All warnings included in 

section 7.5, as applicable. 


lotter on DSK11XQN23PROD with RULES2ER15FE22.015</GPH>

SIDS AND SUFFOCATION HAZARDS 

ALWAYS place baby on back to sleep to reduce the risks of SIDS 

and suffocation. 

Babies have suffocated: 

• on pillows, comforters, and extra padding 

• in gaps between a wrong-size mattress, or extra padding, 

and side walls of product. 

NEVER add soft bedding, padding, or an extra mattress. 

USE ONLY one mattress at a time. 

DO NOT cover the faces or heads of babies with a blanket or overbundle them. Overheating can increase the risk of SIDS. 

ALWAYS check mattress fit every time you change the sheets, 

by pushing mattress tight to one corner. Look for any gaps between 

the mattress and the side walls. If a gap is larger than 1 in. (2.5 

cm), the mattress does not fit - do not use it. 

USE ONLY sheets and mattress pads designed specifically for this 

mattress size. 

[All warnings added by the original manufacturer which are in 

addition to those required by this standard.] 

[Assembly/attachment instructions that were provided on the 

original mattress.] 

[The specific brand(s) and model(s) number(s) of the product(s) in 

which the mattress is intended to be used.] 

This mattress measures_ long,_ wide, and_ thick when 

measured from seam to seam. [Fill in blanks as appropriate.] 

DO NOT remove these im ortant safet warnin s. 

FIG. 11 Example of warning label for After-Market 

Mattress for Rigid Sided Rectangular Non-Full-Size Cribs. 

Items italicized in brackets are to be added as appropriate. The blanks are to be filled in as 

appropriate. This figure is not shown in actual size. 
8684 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

(v) 8.2.2 All additional markings and 

warnings included in section 7.7, as 

applicable. 

(vi) 8.3 The warnings in the 

instructions shall meet the requirements 

specified in 7.4.4, 7.4.5, and 7.4.6, 

except that sections 6.4 and 7.2–7.6.3 of 

ANSI Z535.4 need not be applied. 

However, the signal word and safety 

alert symbol shall contrast with the 

background of the signal word panel, 

and the cautions and warnings shall 

contrast with the background of the 

instructional literature. 

(vii) Note 7—For example, the signal 

word, safety alert symbol, and the 

warnings may be black letters on a 

white background, white letters on a 

black background, navy blue letters on 

an off-white background, or some other 

high-contrast combination. 

(viii) 8.4 Any instructions provided 

in addition to those required by this 

section shall not contradict or confuse 

the meaning of the required 

information, or be otherwise misleading 

to the consumer. 

(ix) Note 8—For additional guidance 

on the design of warnings for 

instructional literature, please refer to 

ANSI Z535.6, American National 

Standard: Product Safety Information in 

Product Manuals, Instructions, and 

Other Collateral Materials. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2022–02414 Filed 2–14–22; 8:45 am] 

BILLING CODE 6355–01–C 


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