[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8640-8684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02414]



[[Page 8639]]

Vol. 87

Tuesday,

No. 31

February 15, 2022

Part II





 Consumer Product Safety Commission





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16 CFR Parts 1112, 1130, and 1241





Safety Standard for Crib Mattresses; Final Rule

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

[[Page 8640]]


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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.

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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-full-size crib mattresses, 
as well as after-market 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: <a href="/cdn-cgi/l/email-protection#086262617a6f64486b787b6b266f677e"><span class="__cf_email__" data-cfemail="177d7d7e65707b577467647439707861">[email protected]</span></a>.

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.
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    \1\ https://www.cpsc.gov/s3fs-public/RCA-Petition_CP_15-2_Requesting_Ban_on_Supplemental_Mattresses_for_Play_Yards_with_Non-Rigid_Sides_052517.pdf.
    \2\ Although 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 ``after-market'' 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.
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    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\
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    \3\ Previously, 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.
    \4\ On January 26, 2022, the Commission voted 4-0 to issue this 
final rule. Commissioner Trumka issued a statement in connection 
with his vote.
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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

[[Page 8641]]

Specification for Crib Mattresses, to address the associated 
hazards.\6\
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    \5\ ASTM International website: www.astm.org, About ASTM 
International.
    \6\ The 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.
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    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. NPR <SUP>7</SUP>
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    \7\ The 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/s3fs-public/Notice-of-Proposed-Rulemaking-Safety-Standard-for-Crib-Mattresses.pdf?mDLf.MBLutFluwt6QFjeZRhYdNLFRR.J. This final rule 
also relies on information in Staff's NPR Briefing Package.
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    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 after-market 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-full-size 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 non-full-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 after-market 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:
    <bullet> 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

[[Page 8642]]

equipment manufacturer, but still limit such mattresses to a maximum of 
1\1/2\ inches, as required by ASTM F406.
    <bullet> 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\
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    \8\ See Tab C of Staff's Final Rule Briefing Package.
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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:
    <bullet> 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;
    <bullet> 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
    <bullet> Safety Information--The final rule modifies the 
requirements for on-product and package labeling, to include important 
clarifications, and to communicate better to consumers the risks and 
preventative actions related to SIDS and suffocation.\9\
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    \9\ See Tab D, Appendix A of Staff's Final Rule Briefing 
Package.
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    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/Final-Rule-Safety-Standard-for-Crib-Mattresses.pdf?VersionId=62bEXbfu7.mIoiiLfn_fbMWtFnEsgGON.

II. Product Description

A. Scope of Products Within the Final Rule <SUP>10</SUP>
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    \10\ See Staff's Final Rule Briefing Package at Tab C for 
additional information on the scope of ASTM F2933-21.
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    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:
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    \11\ Section 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.''
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    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 
27\1/4\ in. wide and 51\5/8\ in. long. The interior dimensions of full-
size cribs are 28 <plus-minus> \5/8\ in. (710 <plus-minus> 16 mm) wide 
and 52\3/8\ <plus-minus> \5/8\ in. (1,330 <plus-minus> 16 mm) long. 
Full-size crib mattresses come in a variety of designs and are made of 
a broad array of materials. Full-size 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--Non-full-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-full-size 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-full-size 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 after-
market, 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, non-full-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, after-market, non-
rectangular, and rectangular non-full-size crib mattresses.
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    \12\ We 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.
    \13\ The 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''.
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    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

[[Page 8643]]

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 after-market 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 <SUP>14</SUP>
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    \14\ See Staff's Final Rule Briefing Package at Tab E for 
additional information on the marketing and use of crib mattresses.
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    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.
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    \15\ November 2019 Statista estimates, Grand View Research.
    \16\ Based on staff's compiled search results of data available 
on the internet, April-June 2021.
    \17\ Price estimated from data available on the internet, 
collected between April-June 2021.
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    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.
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    \18\ Determinations were made using information from Dun & 
Bradstreet, as well as from websites.
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    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 <SUP>14</SUP>

    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-full-size) 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.
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    \19\ Respondents 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).
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    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\
---------------------------------------------------------------------------

    \21\ Child Care Center estimate of entire United States (2018, 
April 27). http://childcarecenter.us/.
    \22\ U.S. Bureau of Labor Statistics, ``Quarterly Census of 
Employment and Wages,'' April 2018. http://www.bls.gov/iag/tgs/iag721.htm.
    \23\ Staff contacts included phone inquiries with day care and 
hotel establishments.
---------------------------------------------------------------------------

III. Incident Data and Hazard Patterns <SUP>24</SUP>
---------------------------------------------------------------------------

    \24\ See Staff's Final Rule Briefing Package at Tab B, for 
additional information on staff's review of crib mattress incidents.
---------------------------------------------------------------------------

    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

[[Page 8644]]

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\
---------------------------------------------------------------------------

    \25\ Of the 494 reports, 21 were from the NEISS.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \26\ NEISS 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \27\ None 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.
    \28\ Staff 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.
    \29\ CPSC 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.

 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         April 1, 2020-April 30, 2021       January 1, 2010-
----------------------------------------------------------    (reported incidents in the NPR)     (reported incidents since the NPR)     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         April 1, 2020-April 30, 2021         January 1, 2010-April 30, 2021
---------------------------------------    (reported incidents in the NPR)     (reported incidents since the NPR)              (total reports)
                                       -----------------------------------------------------------------------------------------------------------------
       Year of incident or death                                                Fatal reports                          Total fatal       Total nonfatal
                                          Fatal reports     Nonfatal reports         \29\         Nonfatal reports       reports            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.


[[Page 8645]]

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-    April 1, 2020-    January 1, 2010-
--------------------------------------------------------   March 31, 2020     April 30, 2021     April 30, 2021
                                                                           -------------------
                                                        -------------------                   ------------------
                    Hazard category                           Reported           Reported
                                                          incidents in the   incidents since      Total fatal
                                                                NPR              the NPR            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-
month-old, one 12-month-old, one 21-month-old, 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-    April 1, 2020-    January 1, 2010-
--------------------------------------------------------   March 31, 2020     April 30, 2021     April 30, 2021
                                                                           -------------------
                                                        -------------------                   ------------------
                    Hazard category                           Reported           Reported
                                                          incidents in the   incidents since     Total nonfatal
                                                                NPR              the NPR            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.


[[Page 8646]]

    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 
<SUP>30</SUP>
---------------------------------------------------------------------------

    \30\ Staff's NPR Briefing Package at Tabs C and E contain more 
detailed analysis of incidents and hazards associated with crib 
mattress use.
---------------------------------------------------------------------------

    After reviewing the incident data, CPSC staff identified various 
mattress-use 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,

[[Page 8647]]

and gaps/pockets between mattresses and infant product 
sides.<SUP>31 32 33</SUP> 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.'' 
<SUP>35 36</SUP> Health and safety advocates, including the AAP, 
CDC,\37\ CPSC, and Kids in Danger (KID) \38\ support these efforts.
---------------------------------------------------------------------------

    \31\ The 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%2FAboutSUIDandSIDS.htm; accessed July 20, 2020.
    \32\ The 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.
    \33\ Sudden 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.
    \34\ See https://www.aappublications.org/news/2016/10/24/SIDS102416; accessed May 7, 2020.
    \35\ See https://www.cpsc.gov/Safety-Education/Neighborhood-Safety-Network/Posters/Safe-Sleep-for-Babies; accessed May 6, 2020.
    \36\ See https://www.cpsc.gov/safety-education/safety-guides/kids-and-babies-cribs/safe-sleepbare-best and https://www.nationwidechildrens.org/family-resources-education/health-wellness-and-safety-resources/helping-hands/safe-sleep-practices-for-babies; accessed May 11, 2020.
    \37\ See https://www.cdc.gov/vitalsigns/safesleep/index.html; 
accessed May 2, 2020.
    \38\ See https://kidsindanger.org/protect-your-child/sleep/; 
accessed May 6, 2020.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \39\ See 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%202017_3.pdf; 
accessed September 14, 2020.

    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 1\3/8\ 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 full-size 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.
---------------------------------------------------------------------------

    \40\ Per 16 CFR part 1219, and by reference ASTM F1169-1919, a 
full-size crib must have interior dimensions of 28 <plus-minus> \5/
8\ inches wide by 52\3/8\ <plus-minus> \5/8\ inches long. Per the 
existing voluntary standard for crib mattresses, ASTM F2933-21, a 
full-size crib mattress shall measure at least 27\1/4\ inches wide 
by 51\5/8\ inches long by 6 inches thick.
    \41\ According 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 3\3/10\ 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.
    \42\ See https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Full-Size-Baby-Cribs/, accessed May 1, 
2020.
---------------------------------------------------------------------------

    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 <SUP>43</SUP>
---------------------------------------------------------------------------

    \43\ See Briefing Memorandum, Staff's Final Rule Briefing 
Package.
---------------------------------------------------------------------------

    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 non-compliance 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 <SUP>44</SUP>
---------------------------------------------------------------------------

    \44\ See Staff's NPR Briefing Package at Tab B.
---------------------------------------------------------------------------

    As stated in the NPR, the Commission is aware of two international 
voluntary standards pertaining to crib mattresses: \45\
---------------------------------------------------------------------------

    \45\ The 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.
---------------------------------------------------------------------------

    <bullet> BS EN 16890:2017--Children's Furniture--Mattresses for 
cots and cribs--Safety requirements and test methods (BS EN 16890); and
    <bullet> 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

[[Page 8648]]

assessment is applicable to ASTM F2933-21 as well.\46\
---------------------------------------------------------------------------

    \46\ See Staff's Final Rule Briefing Package at Tab C.
---------------------------------------------------------------------------

    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 after-market 
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 <SUP>47</SUP>
---------------------------------------------------------------------------

    \47\ See 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.
---------------------------------------------------------------------------

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:
    <bullet> Sharp points and sharp edges,\48\
---------------------------------------------------------------------------

    \48\ Tapered 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.
---------------------------------------------------------------------------

    <bullet> Small parts,
    <bullet> Lead and other toxic substances in paints,
    <bullet> Finger entrapment,
    <bullet> Mattress dimension conformity,
    <bullet> Mattress thickness, and
    <bullet> 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):
    <bullet> 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):
    <bullet> Revised scope to include a new section 1.5, stating the 
standard was developed in accordance with internationally recognized 
principles on standardization;
    <bullet> Added definition of ``after-market mattress for play yard 
or non-full-size crib,'' to section 3, Terminology;
    <bullet> Added a new requirement for after-market 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 Non-Full-Size Baby Cribs/Play Yards;
    <bullet> Added additional marking and labeling requirements for 
after-market mattresses in sections 7.5 through 7.7. To comply with 
these sections, after-market 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/fabric-sided and rigid-
sided, non-rectangular products, including as follows: After-market 
mattresses shall have all the warnings that the original manufacturer 
had and provide instructions that are on the original mattress, and 
both the after-market 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):
    <bullet> 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):
    <bullet> 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 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) 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 1\1/2\ 
inches, as required by ASTM F406.
    <bullet> 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 <SUP>49</SUP>
---------------------------------------------------------------------------

    \49\ See Tab C of Staff's Final Rule Briefing Package for the 
full assessment of ASTM F2933-21.
---------------------------------------------------------------------------

    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

[[Page 8649]]

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 after-market 
mattresses with a different floor support structure than the OEM 
mattress (e.g., an after-market non-segmented 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 non-

[[Page 8650]]

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, non-full-size-cribs, and to after-market 
mattresses for non-full-size cribs and play yards:
    <bullet> Sec.  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 non-full-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.
    <bullet> Sec.  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 
after-market mattresses for non-rectangular, non-full-size cribs, as 
described below for Sec.  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.
    <bullet> Sec.  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.
    <bullet> Sec.  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-full-size cribs, and states that after-market 
mattresses for soft-sided and non-rectangular, 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 <SUP>50</SUP>
---------------------------------------------------------------------------

    \50\ Staff'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.
---------------------------------------------------------------------------

    ASTM developed ASTM F2933 to mitigate the risk of injury associated 
with the use of crib mattresses. Hazard-mitigation 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
----------------------------------------------------------------------------------------------------------------
                                      Applicable       How addressed in        Adequacy
         Hazard pattern               mattresses         ASTM F2933-21        assessment           Comments
----------------------------------------------------------------------------------------------------------------
Chemical/Flammability Hazards     All...............  16 CFR part 1303    Adequate..........  Assessed as
 (odors, rash).                                        Ban of Lead-                            adequate in NPR.
                                                       Containing Paint                        No change in
                                                       16 CFR part 1500                        standard.
                                                       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.

[[Page 8651]]

 
Coil or Spring (laceration).....  Coil or spring      Prohibition of      Inadequate........  Final rule
                                   mattresses          sharp points                            includes
                                   (primarily full-    (Section 5.2).                          additional cyclic
                                   size).                                                      testing to
                                                                                               identify
                                                                                               potential for
                                                                                               springs to break
                                                                                               through surface
                                                                                               during
                                                                                               foreseeable use
                                                                                               and misuse.
Crib Mattress Used in a Play      Aftermarket play    Labeling            Adequate..........  Section VI.A.3 of
 Yard (suffocation due to ill-     yard mattresses.    requirements,                           the preamble
 fitting mattress).                                    requirements for                        assesses the
                                                       after-market                            revised
                                                       mattresses.                             requirements for
                                                       Testing                                 after-market
                                                       requirements                            mattresses.
                                                       harmonized with
                                                       ASTM F406.
                                                       (Sections 5.9 and
                                                       7.5).
Expand or Inflate (suffocation    Foam products,      Dimensional         Adequate..........  Hazard is
 due to ill-fitting mattress       typically full-     conformity,                             adequately
 that does not expand or inflate   size and shipped    mattress                                addressed with
 properly).                        as ``bed in a       thickness, and                          F2933's
                                   box''.              labeling                                dimensional
                                                       requirements                            conformity and
                                                       (Section 5.7).                          mattress
                                                                                               thickness.
Face in Mattress (suffocation)..  All...............  Labeling            Inadequate: See     Final rule
                                                       requirements        also ESHF \51\      contains a
                                                       (Section 7.3).      memo (Tab D).       firmness test
                                                                                               based on sections
                                                                                               6 and 8 of AS/NZS
                                                                                               8811.1 and
                                                                                               revised labeling.
Fit Issues (suffocation due to    All...............  Dimensional         Inadequate........  Final rule
 ill-fitting mattress).                                conformity and                          contains
                                                       after-market                            additional fitted
                                                       mattress                                sheet compression
                                                       requirements                            test for full-
                                                       (Sections 5.7 and                       size mattresses
                                                       5.9).                                   and extends
                                                                                               dimensional
                                                                                               requirements in
                                                                                               section 5.7 to
                                                                                               all after-market
                                                                                               non-full-size
                                                                                               crib mattresses.
Found Prone (suffocation due to   All...............  Labeling            Inadequate: See     Final rule
 prone position).                                      requirements        also ESHF memo      contains a
                                                       (Section 7.3).      (Tab D).            firmness test
                                                                                               based on sections
                                                                                               6 and 8 of AS/NZS
                                                                                               8811.1 and
                                                                                               revised labeling.
Mattress Falls Apart (choking/    All...............  Mattress seam       Adequate..........  Assessed as
 ingestion).                                           stitching                               adequate in NPR.
                                                       requirement and                         No change in
                                                       small parts                             standard.
                                                       prohibition
                                                       (Sections 5.3 and
                                                       5.8).
Softness (suffocation due to      All...............  Not addressed.....  Inadequate........  Final rule
 soft surface).                                                                                contains a
                                                                                               firmness test
                                                                                               based on sections
                                                                                               6 and 8 of AS/NZS
                                                                                               8811.1.
Multiple Contributing Factors     All...............  General             Inadequate........  Some of these
 (MCF) (e.g., entrapment in                            requirements and                        contributing
 bumper pads, limb entrapment,                         warning labels                          factors are
 crib sharing with another                             (Sections 5 and                         addressed by
 infant, existing health                               7).                                     additional
 condition).                                                                                   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             Adequate..........  This category
                                                       requirements and                        includes hazards
                                                       warning labels                          which are out of
                                                       (Sections 5 and                         scope of the ASTM
                                                       7).                                     standard or for
                                                                                               which the cause
                                                                                               is unclear.
----------------------------------------------------------------------------------------------------------------

1. Hazard Pattern--Chemical/Flammability Hazards
---------------------------------------------------------------------------

    \51\ CPSC's Directorate for Engineering Sciences, Division of 
Human Factors (ESHF).
---------------------------------------------------------------------------

    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

[[Page 8652]]

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 after-market play yard 
mattresses must meet the same requirements as OEM mattresses. These 
revisions will increase the availability of properly fitting after-
market mattresses, and will reduce the likelihood of caregivers using 
an ill-fitting 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.
---------------------------------------------------------------------------

    \52\ Nearly half (11 out of 23) of fatal incidents identified 
since the NPR are associated with fit issues.
---------------------------------------------------------------------------

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 tight-fitting 
sheet.
[GRAPHIC] [TIFF OMITTED] TR15FE22.000

    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

[[Page 8653]]

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 already-allowed 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.
---------------------------------------------------------------------------

    \53\ The dimensional requirements are unchanged in ASTM F2933-
21.
    \54\ 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 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.
---------------------------------------------------------------------------

    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.
[GRAPHIC] [TIFF OMITTED] TR15FE22.001

    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

[[Page 8654]]

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 
28\5/8\ 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.
---------------------------------------------------------------------------

    \55\ Staff 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.
---------------------------------------------------------------------------

    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-
Full-Size 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 after-market mattresses meet 
the same requirements as OEM play yard and non-full-size crib 
mattresses, as specified in ASTM F406. The dimensional requirements for 
after-market non-full-size crib mattresses in section 5.9 of ASTM 
F2933-21 currently only apply to non-rectangular, non-full-size crib 
mattresses, and the dimensional requirements in section 5.7 of the 
standard only apply to OEM non-full-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

[[Page 8655]]

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.
---------------------------------------------------------------------------

    \56\ Stitching patterns often contribute to uneven surfaces on 
crib mattresses.
---------------------------------------------------------------------------

    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 full-size 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.
---------------------------------------------------------------------------

    \57\ See NPR at 85 FR 67913-14 and 67918 for a discussion of the 
AS/NZ 8811.1:2013 test for mattress firmness.
---------------------------------------------------------------------------

    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 <SUP>58</SUP>
---------------------------------------------------------------------------

    \58\ The 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \59\ All 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.
---------------------------------------------------------------------------

    <bullet> A description of the hazard;
    <bullet> information about the consequences of exposure to the 
hazard; and
    <bullet> instructions regarding appropriate hazard-avoidance 
behaviors.
    Section 7 of ASTM F2933 specifies requirements for marking and 
labeling for full-size crib mattresses, non-full-size crib mattresses, 
and after-market mattresses for play yards and non-full-size 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:
---------------------------------------------------------------------------

    \60\ The NPR discusses safety information inadequacies at 85 FR 
67918-21.
---------------------------------------------------------------------------

    <bullet> Clarifying the definition of ``conspicuous'' in section 3, 
Terminology;

[[Page 8656]]

    <bullet> Improving marking and labeling requirements in section 7, 
Marking and Labeling; and
    <bullet> 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.
---------------------------------------------------------------------------

    \61\ The 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.
    \62\ The 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.
    \63\ The 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.
    \64\ For 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.
    \65\ ANSI 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.
    \66\ ASTM 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.
    \67\ Since 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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \68\ See Appendix B to Staff's Final Rule Briefing Package.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 rigid-sided non-rectangular products. 
Several ASTM members argued that these warnings are not suitable for 
after-

[[Page 8657]]

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 NPR-proposed 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 non-persuasive, and the motion passed with 11 
affirmatives, one negative, and six abstentions. The full F15 committee 
upheld the subcommittee's non-persuasive 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.
---------------------------------------------------------------------------

    \70\ See Ballot F15 (21-02), item 13, note 7 in Appendix A to 
Tab D of Staff's Final Rule Briefing Package.
---------------------------------------------------------------------------

    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 ASTM-balloted 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> In section 7.5, changed ``The blank in the mattress fit 
statement beginning with `If a gap is larger than,' needs to be

[[Page 8658]]

filled with `1\3/8\ 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 `1\1/2\ 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 1\3/8\ inches to 1\1/2\ 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 (1\1/2\ 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> For Figure 10, now renumbered as Figure 11, changed the 
caption from ``Example of Warning Label for After-Market 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\
---------------------------------------------------------------------------

    \71\ See 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.
[GRAPHIC] [TIFF OMITTED] TR15FE22.002

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.

[[Page 8659]]

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 twice-washed 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 full-size-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-than-nominal 
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.
---------------------------------------------------------------------------

    \72\ The 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.
---------------------------------------------------------------------------

    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

[[Page 8660]]

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 non-full-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 after-market 
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.
---------------------------------------------------------------------------

    \73\ ASTM F2933-21, section 5.8.1.2.
    \74\ ASTM F2933-21, section 7.5.3.1.
---------------------------------------------------------------------------

    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

[[Page 8661]]

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-full-size crib mattresses should meet the same requirements as OEM 
mattresses. The Commission addressed these points in the NPR, by 
proposing that after-market, 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.
[GRAPHIC] [TIFF OMITTED] TR15FE22.003

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.]


[[Page 8662]]


    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 ill-fitting 
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 hazardous-use warnings. 
Recent regulations use capitalization in this manner: \75\ All-caps 
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.
---------------------------------------------------------------------------

    \75\ For 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?lHExt6trsEuD56jiQTi7Ab0TjzdVQ_HH.
---------------------------------------------------------------------------

    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

[[Page 8663]]

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/fabric-sided products.\76\ 
Staff found that the play yard mattress warning urged by the commenter 
returned a 5.4 Flesch-Kincaid 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:
---------------------------------------------------------------------------

    \76\ Figure 9 in the Appendix of the ESHF memorandum of the 
Commission NPR Briefing Package on Crib Mattresses.

[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).
---------------------------------------------------------------------------

    \77\ Figure 8 in the Appendix of the ESHF memorandum of Staff's 
NPR Briefing Package.
    \78\ Leonard, 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \79\ https://www.cpsc.gov/s3fs-public/2021-07-08-ASTM-Play-Yard-Ad-hoc-language-meeting.pdf.
---------------------------------------------------------------------------

    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:
    <bullet> 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;
    <bullet> 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

[[Page 8664]]

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;
    <bullet> 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;
    <bullet> IBR violates the First Amendment because it does not allow 
free dissemination of the law and discussion of its contents; and
    <bullet> 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. Sec. Sec.  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

[[Page 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 Sec.  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, 
later-enacted, 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 
<plus-minus> 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.

[[Page 8666]]

[GRAPHIC] [TIFF OMITTED] TR15FE22.004

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 [deg]C [122 [deg]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 28\5\[bdsol]<INF>8</INF> 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[deg], and repeat steps 3 and 4.


[[Page 8667]]


[GRAPHIC] [TIFF OMITTED] TR15FE22.005

    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 After-Market Non-Full-Size Crib 
Mattresses

    To further reduce the risk of injury associated with after-market, 
non-full-size 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 non-full-size crib mattresses.
    ASTM F2933-21 includes additional requirements for after-market 
non-rectangular 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, non-full-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 after-market, 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.

[[Page 8668]]

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:
    <bullet> Improved definition of ``conspicuous'' to clarify that 
the warning label's placement must make it visible to someone who 
positions the mattress for use;
    <bullet> Updated the general marking and labeling requirements;
    <bullet> Improved warning labels and examples;
    <bullet> Re-organized and clarified the marking and labeling 
requirements for manufacturers, test labs, and other viewers of the 
standard;
    <bullet> Added warning requirements for full-size crib mattress 
packaging and improved the warning requirements for packaging of 
after-market mattresses for play yards and non-full-size cribs; and
    <bullet> 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 CPSC-accepted 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 hook-on-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'':
    [ssquf] Children's folding chairs,
    [ssquf] changing tables,
    [ssquf] infant bouncers,
    [ssquf] infant bathtubs,
    [ssquf] bed rails, and
    [ssquf] 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

[[Page 8669]]

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, non-full-size crib mattresses, and after-market 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: <a href="/cdn-cgi/l/email-protection#c5a6b5b6a6e8aab685a6b5b6a6eba2aab3"><span class="__cf_email__" data-cfemail="dab9aaa9b9f7b5a99ab9aaa9b9f4bdb5ac">[email protected]</span></a>.

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 <SUP>80</SUP>
---------------------------------------------------------------------------

    \80\ See Tab E of Staff's Final Rule Briefing Package for 
additional information on the RFA.
---------------------------------------------------------------------------

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 after-market 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.
---------------------------------------------------------------------------

    \81\ The size guidelines are established by the SBA.
---------------------------------------------------------------------------

    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.

[[Page 8670]]

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.
---------------------------------------------------------------------------

    \82\ Based on staff's compiled search results of data available 
on the internet, April-June 2021.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \83\ Crib 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.
---------------------------------------------------------------------------

    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.<SUP>84 85</SUP> 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.
---------------------------------------------------------------------------

    \84\ Manufacturers 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 CPSC-
Accepted Laboratory must serve as the basis for the production of 
the CPC.
    \85\ Mattresses 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \86\ Costs 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.
---------------------------------------------------------------------------

    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 per-unit 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.

[[Page 8671]]

    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.
---------------------------------------------------------------------------

    \88\ Information provided by the crib mattress supplier included 
quotes received from two prominent testing laboratories.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \89\ The 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.
---------------------------------------------------------------------------

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 x 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 cost-efficient 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

[[Page 8672]]

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:
    [ssquf] A title for the collection of information;
    [ssquf] a summary of the collection of information;
    [ssquf] a brief description of the need for the information, and 
the proposed use of the information;
    [ssquf] a description of the likely respondents and proposed 
frequency of response to the collection of information;
    [ssquf] an estimate of the burden that shall result from the 
collection of information; and
    [ssquf] 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR section                              respondents       responses        responses         response          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 x 38 entities x 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 x 380 hours = 
$12,836.40). No operating, maintenance, or capital costs are associated 
with the collection.
---------------------------------------------------------------------------

    \90\ This 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.

---------------------------------------------------------------------------

[[Page 8673]]

    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 foreign-based 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

0
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).


0
2. Amend Sec.  1112.15 by adding paragraph (b)(50) to read as follows:


Sec.  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

0
3. The authority citation for part 1130 continues to read as follows:

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

0
4. Amend Sec.  1130.2 by revising paragraphs (a)(16) and (a)(17), and 
adding paragraph (a)(18) to read as follows:


Sec.  1130.2  Definitions.

* * * * *
    (a) * * *
    (16) Infant bathtubs;
    (17) Bed rails; and
    (18) Crib mattresses.
* * * * *

0
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.


Sec.  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 after-market mattresses 
for play yards and non-full-size cribs.

[[Page 8674]]

Sec.  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 <a href="/cdn-cgi/l/email-protection#cdabbfe3a4a3bebda8aeb9a4a2a38da3acbface3aaa2bb"><span class="__cf_email__" data-cfemail="264054084f4855564345524f4948664847544708414950">[email protected]</span></a>, 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[deg]), 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 27\1/4\ in. (690 mm) wide and 51\5/8\ 
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 Non-Full-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. <plus-minus> \1/8\ in. (1346 mm <plus-minus> 3.2 mm) 
from Wall C and 28\5/8\ in. <plus-minus> \1/8\ in. (727 mm <plus-minus> 
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[deg] 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 
[deg]C [122 [deg]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.

[[Page 8675]]

    (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 <plus-minus> 1 
mm, and an overall mass of 5200 g <plus-minus> 20 g. The lower edge of 
the fixture shall have a radius not larger than 1 mm. Overhanging the 
footprint by 40 mm <plus-minus> 2 mm shall be a flexible, flat bar of 
width 12 mm <plus-minus> 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 <plus-minus> 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-full-size 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.

[[Page 8676]]

[GRAPHIC] [TIFF OMITTED] TR15FE22.006

    (ii) Figure 3.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.007
    

[[Page 8677]]


    (iii) Figure 4.\91\
---------------------------------------------------------------------------

    \91\ Reprinted, 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.
[GRAPHIC] [TIFF OMITTED] TR15FE22.008

    (iv) Figure 5.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.009
    

[[Page 8678]]


    (v) Figure 6.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.010
    
    (vi) Figure 7.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.011
    
    (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'').

[[Page 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 
height-to-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 ``1\1/2\ in. (3.8 cm)'' 
for full-size 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 
product-specific is presented.


SIDS AND SUFFOCATION HAZARDS

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


Babies have suffocated:

<bullet> on pillows, comforters, and extra padding

<bullet> 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 __, 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 __ long, __ wide, and __ 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

[[Page 8680]]

    (i) Figure 8.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.012
    

[[Page 8681]]


    (ii) Figure 9.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.013
    

[[Page 8682]]


    (iii) Figure 10.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.014
    

[[Page 8683]]


    (iv) Figure 11.
    [GRAPHIC] [TIFF OMITTED] TR15FE22.015
    
    (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.

[[Page 8684]]

    (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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