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[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Proposed Rules]
[Pages 22291-22303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6947]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / 
Proposed Rules

[[Page 22291]]

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1217

[No. CPSC-2010-0022]
RIN 3041-AC79

Safety Standard for Toddler Beds

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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

SUMMARY: Section 104(b) of the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA'') requires the United States Consumer Product Safety 
Commission (``Commission,'' ``CPSC'') to promulgate consumer product 
safety standards for durable infant or toddler products. These 
standards are to be ``substantially the same as'' applicable voluntary 
standards or more stringent than the voluntary standard if the 
Commission concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is proposing a safety standard for toddler beds in response to the 
direction under section 104(b) of the CPSIA. The proposed safety 
standard would address entrapment in bed end structures, entrapment 
between the guardrail and side rail, entrapment in the mattress support 
system, and component failures of the bed support system and 
guardrails. The proposed standard also addresses corner post extensions 
that can catch items worn by a child.

DATES: Submit comments by July 12, 2010.
    Submit comments relating to the instructional literature and bed 
and carton marking required by the proposed rule, as these materials 
relate to the Paperwork Reduction Act, by May 28, 2010.

ADDRESSES: Comments relating to the instructional literature and bed 
and carton marking required by the proposed rule relating to the 
Paperwork Reduction Act should be directed to the Office of Information 
and Regulatory Affairs, OMB, Attn: CPSC Desk Officer, FAX: 202-395-
6974, or e-mailed to oira_submission@omb.eop.gov.
    Other comments, identified by Docket No. CPSC-2010-0022, may be 
submitted by any of the following methods:
    1. Electronic Submissions. Submit electronic comments to the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. (To ensure timely processing of 
comments, the Commission is no longer directly accepting comments 
submitted by electronic mail (e-mail). The Commission encourages you to 
submit electronic comments by using the Federal eRulemaking Portal, as 
described above.)
    2. Written Submissions. Submit written submissions in the following 
ways:
    a. Fax: 301-504-0127.
    b. Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions): Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received, including 
any personal information provided, may be posted without change to 
/www.regulations.gov">http://www.regulations.gov">http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Accordingly, we recommend that you not submit 
confidential business information, trade secret information, or other 
sensitive information that you do not want to be available to the 
public.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket number, CPSC 2010-0022, into the ``Search'' box and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Technical information: Celestine Kiss, 
Division of Human Factors, Directorate for Engineering Sciences, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; telephone (301)504-7739, e-mail ckiss@cpsc.gov. Legal 
information: Harleigh Ewell, Office of the General Counsel, Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301)504-7683; e-mail hewell@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background--The Consumer Product Safety Improvement Act as Applied 
to Durable Infant or Toddler Products

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA,'' 
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(b) of the 
CPSIA requires the Commission to promulgate consumer product safety 
standards for durable infant or toddler products. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standard if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product. The term ``durable infant or 
toddler product'' is defined in section 104(f) of the CPSIA as a 
durable product intended for use, or that may be reasonably expected to 
be used, by children under the age of 5 years. Toddler beds are one of 
the products specifically identified in section 104(f)(2) of the CPSIA 
as a durable infant or toddler product.
    In this document, the Commission proposes a safety standard for 
toddler beds. The proposed standard is largely the same as a voluntary 
standard developed by ASTM International (formerly the American Society 
for Testing and Materials), ASTM F 1821-09 Standard Consumer Safety 
Specification for Toddler Beds, but with several modifications that 
strengthen the standard. The ASTM standard is copyrighted, but can be 
viewed as a read-only document, only during the comment period on this 
proposal, at http://www.astm.org/cpsc.htm, by permission of ASTM. 
Documents that support statements in this notice are identified by 
[Ref. ], where  is the number of the reference 
document as listed below in section M of this notice.

B. The Product

    The ASTM voluntary standard defines a toddler bed as any bed sized 
to accommodate a full-size crib mattress having minimum dimensions of 
51\5/8\ inches in length and 27\1/4\ inches in width and that is 
intended to provide free access and egress to a child not less

[[Page 22292]]

than 15 months of age and weighing no more than 50 pounds.

C. Incident Data [Ref. 2]

    1. Introduction. CPSC databases did not have a dedicated product 
code for identifying incidents before 2005 that involved toddler beds. 
Accordingly, the data discussed below begins with the year 2005. The 
data come from two databases: (1) Actual injuries and fatalities of 
which the Commission is aware; and (2) estimates derived from reports 
of emergency-room treatment in a statistical sample of hospitals that 
makes up the National Electronic Injury Surveillance System 
(``NEISS''). The CPSC staff is aware of 4 fatalities and 81 nonfatal 
incidents (with and without injuries) related to toddler beds that were 
reported to have occurred since 2005.
    2. Fatalities. Of the four fatalities reported to CPSC staff, two 
resulted from entrapments. The first death was the result of a 6-month-
old infant getting entrapped in the footboard while sleeping on a 
toddler bed. The second death involved a 13-month-old getting entrapped 
in the side rail of a flipped-over toddler bed while playing with an 
older sibling. The third death was due to asphyxiation when a 10-month-
old was napping in an inflatable children's bed. (Although an 
inflatable children's bed does not meet the definition of a toddler bed 
that is in ASTM F 1821-09, this incident was coded as associated with a 
toddler bed.) The last fatality was a strangulation death of a 3-year-
old on the cord of mini blinds located over his toddler bed. (The ASTM 
F 1821-09 standard addresses this hazard with a warning label. The 
Commission does not have information indicating whether the toddler bed 
involved in this death bore such a warning label.) It is notable that 
three of the four reported fatalities involved victims under the age of 
15 months, which is recommended in the current ASTM voluntary standard 
as the minimum age for use of a toddler bed. The ASTM standard requires 
a label warning against using the bed with children under 15 months.
    3. Nonfatal Incidents. Of the 81 nonfatal incidents known to the 
CPSC staff that were associated with a child on a toddler bed, 26 
involved injuries. Three of the injuries were fractures of limbs. The 
vast majority of the injuries were bumps and bruises. Sprains, scrapes, 
and lacerations were some of the other reported injuries associated 
with toddler beds.
    Listed below are the hazard patterns identified among the reports 
of nonfatal incidents:
     Entrapment was the most commonly reported hazard. 
Approximately 31 percent of the incidents involved entrapment of a 
limb. The associated injuries, if any, ranged from fractures to sprains 
to bruises. More serious, potentially fatal, entrapments of head or 
body in the side rails, in the mesh covering of the side rails, or 
between the mattress-support rails were reported in 14 percent of the 
incidents.
     Broken, loose, or detached components of the bed, such as 
the guardrail, hardware, or other accessories, were the next most 
commonly reported problems. However, only two injuries--one laceration 
and one ingestion--resulted from these problems.
     Product integrity issues, mostly integrity of the 
mattress-support, were the next most commonly encountered hazard. These 
often resulted in the collapse of the bed, causing the child to fall 
through.
     Inadequate mattress-fit issues were the next most common 
hazard. A few children suffered sprains and broken limbs from being 
caught in the gap between the mattress and the bed frame.
     Finally, there were some complaints of paint/coating 
issues, bed height/clearance issues, and inadequacy of guardrails, 
assembly instructions, and recalls.
    Among the nonfatal incidents that reported the child's age (67 out 
of 81), the age ranged between 11 months to 6 years. Nearly 66 percent 
of these incidents reported the age to be between 15 and 24 months. 
About 16 percent of the incidents involved children less than 15 months 
of age. However, it was not always clear that the reported age 
pertained to the child who was the regular user of the toddler bed. 
Three of the 81 nonfatal incident reports involved inflatable 
children's beds, which do not conform to the ASTM definition of toddler 
beds and are not included within the scope of the proposed standard.
    4. National Injury Estimates. There were an estimated 1,380 
injuries related to toddler beds that were treated in hospital 
emergency departments in the United States over the 4-year period from 
2005 to 2008. The injury estimates for individual years are not 
reportable because the numbers each year fail to meet NEISS's 
publication criteria. There was no statistically significant increase 
or decrease observed in the estimated injuries from one year to the 
next, and there was no statistically significant trend observed over 
the 2005-2008 period. No deaths were reported through NEISS. For the 
emergency department-treated injuries related to toddler beds, the 
following characteristics occurred most frequently:
     Hazard--falls out of the toddler bed to a lower level 
(87%).
     Injured body part--head (30%) and face (24%).
     Injury type--lacerations (26%) and contusions/abrasions 
(20%).
     Disposition--treated and released (nearly 100%).
    The age of patients in these injuries ranged between 4 months and 6 
years, with nearly 53 percent between 18 months and 2 years. It was not 
always clear whether the patient injured was the usual user of the 
toddler bed.

D. The ASTM Voluntary Standard

    The ASTM F 1821-09 voluntary standard contains requirements 
addressing a number of hazards. The requirements include:
    1. Toddler beds must comply with CPSC's regulations at 16 CFR part 
1303 (ban of lead in paint), 1500.48 (sharp points), 1500.49 (sharp 
edges), 1500.50 through 1500.53 (use and abuse tests), and part 1501 
(small parts that present choking, aspiration, or ingestion hazards), 
both before and after the product is tested according to the standard.
    2. Toddler beds must not present scissoring, shearing, or pinching 
hazards.
    3. Openings must meet specified dimensions in order to prevent 
finger entrapment.
    4. Openings that will permit passage of a specified block with a 
wedge on one end are prohibited in order to protect against torso 
entrapment.
    5. The distance that corner posts may extend above the upper edge 
of an end or side panel is limited.
    6. Protective components shall not be removable with a specified 
force after torque and tension tests.
    7. There are requirements for marking and labeling each bed and its 
retail carton, and for warning statements on the bed. There are 
requirements for the permanency of labels and warnings.
    8. The mattress shall be supported and contained so that it does 
not move horizontally to cause a horizontal opening that will allow the 
passage of the wedge block when tested.
    9. There are tests for the physical integrity of the mattress 
support system and its attachments and the side rails.
    10. There are wedge block tests for openings in the guardrails and 
end structures that could cause entrapment.
    11. There is a probe test to protect against entrapment in 
partially-bounded openings in the bed.

[[Page 22293]]

    12. Instructions must be provided with the bed.
    13. Warning statements are required on the bed to address 
entrapment and strangulation hazards.

E. Description of the Proposed Rule and Its Changes to the ASTM 
Standard

    Due to the significant number of incidents reported regarding 
component failures of bed support systems and guardrails, the 
Commission's staff has recommended additional testing requirements to 
address those types of incidents. Accordingly, the Commission proposes 
a new 16 CFR 1217 that, if finalized, would adopt the ASTM standard F 
1821-09 by reference, but with some changes and additions that would 
strengthen the ASTM standard's provisions.

1. Scope, Application, and Effective Date (Proposed Sec.  1217.1)

    Proposed Sec.  1217.1 would state that part 1217 establishes a 
consumer product safety standard for toddler beds manufactured or 
imported after a date that would be 6 months after the publication date 
of a final rule in the Federal Register.

2. Requirements for Toddler Beds (Proposed Sec.  1217.2)

a. The Applicable ASTM Standard (Proposed Sec.  1217.2(a))
    Proposed Sec.  1217.2(a) would explain that, except as provided in 
Sec.  1217.2(b), each toddler bed as defined in ASTM F 1821-09, 
``Standard Consumer Safety Specification for Toddler Beds,'' must 
comply with all applicable provisions in ASTM F 1821-09. The proposal 
also would explain how interested parties may obtain a copy of the ASTM 
standard or inspect a copy at the CPSC.
b. Minimum Height for the Upper Edge of Guardrails (Proposed Sec.  
1217.2(b)(1) Through (3))
    Proposed Sec.  1217.2(b)(1) through (3) would revise the ASTM 
standard to require that guardrails be a minimum height of 5 inches 
above the manufacturer's recommended sleeping surface. This is intended 
to help prevent falls. Although the proposed standard does not require 
guardrails, persons who choose to have guardrails on their toddler beds 
should be able to rely on the guardrail performing the function of 
helping to prevent falls. The 5-inch minimum height is widely adopted 
by industry as a minimum height for guardrails in bunk beds [Ref. 3].
c. Structural Integrity of Guardrails (Proposed Sec.  1217.2(b)(4) and 
1217.2(b)(6))
    In addition to the already existing test for guardrail openings, 
the Commission, at proposed Sec.  1217.2(b)(4) and 1217.2(b)(6), would 
add a test for the overall stability of guardrails using a 50-lb force 
while the bed is firmly secured. The force is to be applied in the 
center along the length of the guardrail and then repeated with the 
force applied directly over each of the outermost legs of the 
guardrail. This additional test is intended to prevent children from 
falling out of bed; it is also calculated to ensure that the guardrails 
remain intact when children lean against them or attempt to use them to 
climb into bed. The 50-lb force was chosen because that is the maximum 
weight of a child that should use a toddler bed [Ref. 3]. After testing 
in accordance with 7.9, the guardrail shall not be broken or detached 
or create a condition that would present any of the hazards described 
in section 5. The guardrail also shall not be deformed or displaced so 
as to create a hazard addressed by the performance requirements of 
section 6.
d. Slat/Spindle Testing for Guardrails, Side Rails, and End Structures 
(Proposed Sec.  1217.2(b)(5) and 1217.2(b)(7))
    Currently, the torso wedge is used in combination with a 25-pound 
force (``lbf'') on guardrails and end structures in the most adverse 
orientation to assure that the slats or spindles (hereafter referred to 
collectively as ``slats'') do not break and allow an opening in which a 
child could become entrapped. Proposed Sec.  1217.2(b)(5) and 
1217.2(b)(7) would modify the existing ASTM test requirements in the 
following ways.
    First, 25 percent of all slats, rather than just those of the end 
structures and guardrails, would be tested using 80 lbf instead of 25 
lbf. The slats that present the least resistance to bending shall make 
up the 25 percent, except that when a slat is selected for testing with 
80 lbf, neither of its adjacent slats shall be tested at that force. 
The 80 lbf is chosen on the basis of tests performed by the 
Commission's staff on 18 cribs or toddler beds that were involved in 
actual breakage incidents in the field (``incident beds'') and on two 
samples of a model of a crib that has been widely sold to consumers and 
has not been reported to have been involved in a breakage incident 
(``the non-incident crib'') [Ref. 3].
    There is very little anthropometric data available to help 
determine the forces a child can apply to a bed slat. The tests of the 
slats of the non-incident crib produced failures of the slats at forces 
ranging from 85 lb to 123.5 lb [Ref. 3]. Since there have not been any 
incidents reported for this model crib despite its wide distribution, 
it is reasonable to conclude that the occupants of this crib can exert 
a force on the slats that is somewhat less than the minimum failure 
force of 85 lb obtained for this crib. The 18 incident beds tested had 
minimum failure forces ranging from 28.8 lb to 78.8 lb [Ref. 3]. Taken 
together, these two sets of failure forces support setting a maximum 
test force of 80 lb.
    However, when testing the non-incident crib model, the Commission's 
staff observed that testing adjacent slats significantly compromised 
the integrity of the bed rails [Ref. 3]. This occurred even at the 
lower end of the range of failure forces, i.e., 85 to 90 lb. Therefore, 
it is plausible that testing all slats to 80 lbf would have a similar 
effect and be too stringent a test. Accordingly, the Commission is 
proposing that 25 percent of the slats be tested to 80 lbf so that 
adjacent slats would not have to be tested at that force. The 
Commission proposes that the remaining 75 percent of slats be tested at 
60 lbf. This reduction in force is intended to compensate for any 
damage to the bed rail caused by testing an adjacent slat to 80 lbf and 
is a much higher force than the 25 lbf specified in the current ASTM 
standard. The Commission concludes that the force of 60 lb is adequate 
for these remaining slats since the slats with geometry that is most 
likely to bend (and thus break) will have been tested to the full 80 
lbf.
e. Improved Warning Label (Proposed Sec.  1217.2(b)(8)) [Ref. 4]
    ASTM F 1821-09 is intended to minimize entrapments in bed end 
structures, between the guardrail and side rail, and in the mattress 
support system. Entrapment of a child's head or neck can result in 
asphyxiation. Section 8.4 of ASTM F 1821-09 specifies warning 
statements to be included on toddler beds. Section 8.4.3 of ASTM F 
1821-09 states that the warnings shall include the following label, 
exactly as stated:

[[Page 22294]]

[GRAPHIC] [TIFF OMITTED] TP28AP10.000

    Section 8.4.4 of ASTM F 1821-09 specifies additional required 
warning statements that address the following:
    1. The minimum mattress dimensions for use on the bed;
    2. The use of provided guardrails to avoid the formation of gaps 
that could pose an entrapment hazard;
    3. The placement of the bed relative to cords from blinds or 
drapes;
    4. The placement of strings, cords, or similar objects around a 
child's neck; and
    5. The suspension of strings over the bed.
    Like the warning label specified in section 8.4.3 of ASTM F 1821-
09, all of these additional warning statements appear to be intended to 
address entrapment and strangulation hazards. Proposed Sec.  
1217.2(b)(6) would revise these warning requirements to reduce the risk 
of injury associated with the use of toddler beds.
    The Commission's Human Factors staff believes that the warnings 
section of ASTM F 1821-09 is confusing as it is currently organized, 
with explicit warning language for only certain information, 
``additional'' warning statements that leave the applicable hazards 
open to interpretation, and redundancies between these two sets of 
required warning information [Ref. 4]. The additional warning 
statements specified in section 8.4.4 of ASTM F 1821-09 apparently 
address the same hazards addressed by the warning label specified in 
section 8.4.3 of ASTM F 1821-09. (Section 8.4.4.3 of ASTM F 1821-09 
requires an additional warning statement about placing the bed near the 
cords of blinds and drapes, yet this issue is already addressed 
explicitly in the warning label specified in 8.4.3 of ASTM F 1821-09.) 
In addition, the warning label specified in section 8.4.3 of ASTM F 
1821-09 merges two distinct hazards into a single label, making it 
difficult to tell what warning information is associated with each 
hazard. To address these issues, the Human Factors staff suggested that 
all of the required warnings specified in section 8.4 of ASTM F 1821-09 
be presented as two separate warnings, one addressing the entrapment 
hazard and the other addressing the strangulation hazard, and proposed 
Sec.  1217.2(b)(8) reflects the two warnings.
    (i) Entrapment warning.
    ASTM F 1821-09 specifies different warning requirements for toddler 
beds that employ a removable guardrail as the mattress containment 
means. Specifically, section 8.4.4.2 of ASTM F 1821-09 states that 
toddler beds that employ a removable guardrail for this purpose shall 
include a warning statement telling consumers that the guardrail must 
be used to avoid the formation of a gap between the mattress and the 
bed that could cause entrapment. However, this warning statement would 
not be needed for toddler beds that did not present an entrapment 
hazard with the guardrail removed. Thus, the Commission proposes that 
this warning statement would not be required for toddler beds that meet 
the performance requirements of sections 5.8.2 (torso entrapment), 6.1 
(mattress retention), 6.2 (mattress support system integrity), 6.3 
(mattress support system attachment to end structures), 6.4 (mattress 
support system openings), 6.6 (end structure openings), and 6.7 
(partially bounded openings) of ASTM F 1821-09 with the guardrails 
removed. With this in mind, the Commission proposes two alternative 
labels that address the entrapment hazard: One for toddler beds with 
removable guardrails that will not meet these performance requirements 
with the guardrail removed and one for all other toddler beds.
    The entrapment warning for beds with removable guardrails where the 
beds present an entrapment hazard when the guardrails are removed would 
read as follows:
[GRAPHIC] [TIFF OMITTED] TP28AP10.001

    The entrapment warning for all other beds would read as follows:

[[Page 22295]]

[GRAPHIC] [TIFF OMITTED] TP28AP10.002

    These warnings would use the type-size requirements described in 
the standard, and the safety alert symbol design is consistent with the 
latest version of ANSI Z535.4 (2007), American National Standard for 
Product Safety Signs and Labels. The primary differences between these 
proposed warnings and the relevant portions of the current ASTM 
warnings are the following:
    1. The proposed warnings do not state ``ENTRAPMENT HAZARD,'' which 
would be analogous to the original ``ENTRAPMENT/STRANGULATION HAZARD'' 
statement in the original warning;
    2. The proposed warning places greater emphasis on the 
subpopulation most at risk and the hazard consequences;
    3. The proposed warning includes a more explicit description of the 
mechanism that creates the entrapment hazard; and
    4. The proposed warning omits the statement in the label in the 
voluntary standard concerning the possibility of serious injury or 
death from not following the warnings.
    To the CPSC staff's knowledge, the minimum age recommendation of 15 
months for toddler beds is based largely on the increased entrapment 
potential for children younger than this. Thus, the statement that 
``[i]nfants have died in toddler beds from entrapment and 
strangulation,'' which appears in the original warning, has been 
carried over, with deletion of the reference to the strangulation 
hazard, to the proposed entrapment warning label as, ``Infants have 
died in toddler beds from entrapment.'' Given that this statement 
already explicitly references ``entrapment,'' the CPSC staff concluded 
that including an initial ``ENTRAPMENT HAZARD'' statement would 
introduce unnecessary redundancy. Furthermore, omitting this statement 
from the warning allows greater emphasis on the consequences of the 
hazard (death, in this case) and the subpopulation most at risk of 
dying from exposure to the hazard. This greater emphasis on the 
consequences of the hazard is done by: (1) Moving the statement, 
``Infants have died in toddler beds from entrapment,'' toward the 
beginning of the warning message; and (2) reformatting this statement 
in all-uppercase, boldface type. The ASTM F 1821 subcommittee has 
pointed out that there continue to be incidents with toddler beds 
involving children younger than the intended age for these products, so 
emphasizing the at-risk population is important [Ref. 4]. In addition, 
warnings and persuasion research has found that the degree of 
seriousness of a perceived threat plays a significant role in whether 
one complies with a warning, so emphasizing the potential for death 
would tend to increase the efficacy of a warning [Ref. 4].
    The statement in the original warning, ``Failure to follow these 
warnings * * * could result in serious injury or death,'' is unlikely 
to have a substantial impact on injuries or warning compliance. The 
warning already communicates the safety importance of its content via a 
safety alert symbol, the word ``WARNING,'' and a description of the 
hazard and its consequences, so telling consumers that not following 
the warning could result in serious injury or death is redundant at 
best. In contrast, explicit hazard information in a warning has been 
found to lead to higher levels of perceived hazardousness and greater 
intent to comply with the warning. The original warning message did not 
specify the source of entrapment or how entrapment might lead to death, 
and it is unclear whether many consumers could readily and correctly 
infer this information. The sentence, ``Openings in and between bed 
parts can entrap head and neck of a small child,'' is intended to 
remedy this situation by providing a more explicit description of the 
mechanism that creates the hazard. The Commission also is keeping the 
warning to follow the assembly instructions because consumer 
misassembly has been a problem with similar products, such as cribs, 
and could lead to entrapment.
    Section 8.4.4.1 of ASTM F 1821-09 states that additional warning 
statements shall address the minimum mattress size. The language of 
this section implies that the precise mattress dimensions should be 
provided, both in English and metric units. Section 8.3.2 of ASTM F 
1821-09, however, already specifies that both the bed and its retail 
carton shall be clearly and legibly marked with the intended mattress 
for the bed, including the precise dimensions in both English and 
metric units. The Human Factors staff, therefore, concluded that 
repeating precise dimensions within the warning is unnecessary and may, 
by making the warning longer, discourage some consumers from reading 
it. Therefore, proposed Sec.  1217.2(b)(8) would have the warning label 
include the statement ``ONLY use full-size crib mattress of the 
recommended size'' instead of repeating the dimensions of the 
recommended mattress.
    (ii) Strangulation warning.
    To address the strangulation hazard, the Commission, at proposed 
Sec.  1217.2(b)(8), is proposing the following warning label for all 
toddler beds:

[[Page 22296]]

[GRAPHIC] [TIFF OMITTED] TP28AP10.003

    Like the proposed entrapment warning labels, this warning would use 
the type-size requirements described in the standard, and the safety 
alert symbol design is consistent with ANSI Z535.4-2007, American 
National Standard for Product Safety Signs and Labels. This warning 
largely reflects all of the information relevant to hazards that was 
required in the original warnings. A warning statement about not 
placing items with a string, cord, or ribbon around a child's neck 
would be more effective with an additional clarifying sentence, ``These 
items may catch on bed parts.'' Without this sentence, consumers may 
find it difficult to infer how the presence of a cord around a child's 
neck is relevant to the toddler bed or how the cord and bed interact to 
create the potential for strangulation. Concern has been raised about 
the label statement warning that a string, cord, or ribbon around a 
child's neck may catch on bed parts. The concern is that the label 
statement does not point out that strings, cords, or ribbons around a 
child's neck can catch on many other items as well and that the 
Commission recommends against the use of such items for children. The 
Commission invites comments regarding this concern.

F. 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). To allow time for toddler beds to come 
into compliance after the final rule is issued, the Commission proposes 
that the standard would become effective 6 months after publication of 
a final rule as to products manufactured or imported on or after that 
date. The Commission invites comments on how long it would take 
manufacturers of toddler beds to come into compliance with the rule.

G. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that are subject to public comment and review by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520). We describe the provisions in this section of 
the document with an estimate of the annual reporting burden. Our 
estimate includes the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing each collection of information.
    We particularly invite comments on: (1) Whether the collection of 
information is necessary for the proper performance of the CPSC's 
functions, including whether the information will have practical 
utility; (2) the accuracy of the CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.
    Title: Safety Standard for Toddler Beds.
    Description: The proposed rule would require each toddler bed and 
convertible crib to comply with ASTM F 1821-09, ``Standard Consumer 
Safety Specification for Toddler Beds.'' Sections 8 and 9 of ASTM F 
1821-09 contain requirements for marking and instructional literature.
    Description of Respondents: Persons who manufacture or import 
toddler beds.
    We estimate the burden of this collection of information as 
follows:

                                                       Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Number of         Frequency of       Total Annual        Hours per         Total burden
                      16 CFR Section                          respondents         responses          responses           response            hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1217.2(a)................................................                44                 10                440                0.5                220
--------------------------------------------------------------------------------------------------------------------------------------------------------

    There are no capital costs or operating and maintenance costs 
associated with this collection of information.
    Our estimates are based on the following:
    Proposed Sec.  1217.2(a) would require each toddler bed and 
convertible crib to comply with ASTM F 1821-09. Sections 8 and 9 of 
ASTM F 1821-09 contain requirements for marking and instructional 
literature that are disclosure requirements, thus falling within the 
definition of ``collections of information'' at 5 CFR 1320.3(c).
    Section 8.1.1 of ASTM F 1821-09 requires that the name and place of 
business (city, state, mailing address, including zip code and 
telephone number) of the manufacturer, importer, distributor, of the 
manufacturer, distributor, or seller be clearly and legibly marked on 
each bed and its retail carton. Section 8.1.2 of ASTM F 1821-09 
requires that each bed and its retail carton be clearly and legibly 
marked with the model number, stock number, catalog number, item 
number, or other symbol expressed numerically or otherwise, such that 
only articles of identical construction, composition and dimensions 
bear identical markings and requires the manufacturer to change the 
model number whenever a significant structural or design modification 
is made that affects its conformance with this consumer safety 
specification.

[[Page 22297]]

Section 8.1.3 of ASTM F 1821-09 requires a code mark or other means 
that identifies the date (month and year as a minimum) of manufacture 
and permits future identification of any given model and that such mark 
be clearly and legibly marked on each bed and its retail carton.
    There are 73 known firms supplying toddler beds to the United 
States market. Twenty-nine of the 48 firms are known to already produce 
labels that comply with sections 8.1.1, 8.1.2, and 8.1.3 of the 
standard, so there would be no additional burden on these firms. The 
remaining 44 firms are assumed to already use labels on both their 
products and their packaging, but would need to make some modifications 
to their existing labels. The estimated time required to make these 
modification is about 30 minutes per model. Assuming that, on average, 
each of these firms supplies 10 different models of toddler beds or 
convertible cribs, the estimated burden hours associated with labels is 
30 minutes x 44 firms x 10 models per firm = 13,200 minutes or 220 
annual hours.
    The Commission estimates that hourly compensation for the time 
required to create and update labels is $27.78 (Bureau of Labor 
Statistics, September 2009, all workers, goods-producing industries, 
Sales and office, Table 9). Therefore, the estimated annual cost 
associated with the Commission's proposed labeling requirements is 
approximately $6,112 ($27.78 per hour x 220 hours = $6,111.60, which we 
have rounded up to $6,112).
    Section 9.1 of ASTM F 1821-09 requires instructions, where 
applicable, for assembly, maintenance, cleaning, folding, and warning 
information to be supplied with the bed. Toddler beds and convertible 
cribs are products that generally require some assembly and 
maintenance, and products sold without such information would not be 
able to successfully compete with products supplying this information. 
Under OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort, and 
financial resources necessary to comply with a collection of 
information that would be incurred by persons in the ``normal course of 
their activities'' are excluded from a burden estimate where an agency 
demonstrates that the disclosure activities needed to comply are 
``usual and customary.'' Therefore, because the CPSC is unaware of 
toddler beds or convertible cribs that: (a) Generally require some 
assembly and maintenance, but (b) lack any instructions to the user 
about these topics, we tentatively estimate that there are no burden 
hours associated with the instruction requirement in section 9.1 of 
ASTM F 1821-09. This is because any burden associated with supplying 
instructions with a toddler bed or convertible crib would be ``usual 
and customary'' and not within the definition of ``burden'' under OMB's 
regulations.
    Based on this analysis, the requirements of the proposed toddler 
bed rule would impose a burden to industry of 220 hours at a cost of 
$6,112 annually.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted the information collection requirements of 
this rule to OMB for review. Interested persons are requested to fax 
comments regarding this information collection by May 28, 2010, to the 
Office of Information and Regulatory Affairs, OMB (see ADDRESSES).

I. Certification

    Section 14(a) of the Consumer Product Safety Act (``CPSA'') imposes 
the requirement that products subject to a consumer product safety rule 
under the CPSA, or to a similar rule, ban, standard, or regulation 
under any other act enforced by the Commission, must be certified as 
complying with all applicable CPSC-enforced requirements. 15 U.S.C. 
2063(a). Such certification must be based on a test of each product or 
on a reasonable testing program or, for children's products, on tests 
on a sufficient number of samples by a third party conformity 
assessment body accredited by the Commission to test according to the 
applicable requirements. As discussed above in section H, section 
104(b)(1)(B) of the CPSIA refers to standards issued under that 
section, such as the rule for toddler beds being proposed in this 
notice, as ``consumer product safety standards.'' Furthermore, the 
designation as consumer product safety standards subjects such 
standards to certain sections of the CPSA, such as section 26(a) 
regarding preemption. By the same reasoning, such standards would also 
be subject to section 14 of the CPSA. Therefore, any such standard 
would be considered to be a consumer product safety rule to which 
products subject to the rule must be certified.
    In addition, the CPSIA is another act enforced by the Commission, 
and the standards issued under section 104(b)(1)(B) of the CPSIA are 
similar to consumer product safety rules. For this reason also, toddler 
beds will need to be tested and certified as complying with the safety 
standard when it becomes effective. Because toddler beds are children's 
products, they must be tested by a third-party conformity assessment 
body accredited by the Commission. In the future, the Commission will 
issue a notice of requirements to explain how laboratories can become 
accredited as a third party conformity assessment bodies to test to the 
new safety standard. (Toddler beds also must comply with all other 
applicable CPSC requirements, such as the lead content and phthalate 
content requirements in sections 101 and 108 of the CPSIA, the tracking 
label requirement in section 14(a)(5) of the CPSA, and the consumer 
registration form requirements in section 104 of the CPSIA.) The 
Commission seeks comment on what it may cost to comply with all of the 
CPSC requirements outlined above, including the proposed modifications 
in section E, and how these costs will impact toddler bed 
manufacturers.

J. Environmental Considerations

    The Commission's environmental review regulation at 16 CFR Part 
1021 has established categories of actions that normally have little or 
no potential to affect the human environment and therefore do not 
require either an environmental assessment or an environmental impact 
statement. The proposed rule is within the scope of the Commission's 
regulation, at 16 CFR 1021.5(c)(1), which provides a categorical 
exclusion for rules to provide design or performance requirements for 
products. Thus, no environmental assessment or environmental impact 
statement for this rule is required.

K. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires 
agencies to consider the impact of proposed rules on small entities, 
including small businesses. Section 603 of the RFA requires that CPSC 
staff prepare an initial regulatory flexibility analysis and make it 
available to the public for comment when the general notice of proposed 
rulemaking is published. The initial regulatory flexibility analysis 
must describe the impact of the proposed rule on small entities and 
identify any alternatives that may reduce the impact. Specifically, the 
initial regulatory flexibility analysis must contain:
    1. A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply;
    2. A description of the reasons why action by the agency is being 
considered;

[[Page 22298]]

    3. A succinct statement of the objectives of, and legal basis for, 
the proposed rule;
    4. A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities subject to the requirements 
and the type of professional skills necessary for the preparation of 
reports or records; and
    5. An identification, to the extent possible, of all relevant 
federal rules that may duplicate, overlap, or conflict with the 
proposed rule.
    In addition, the initial regulatory flexibility analysis must 
contain a description of any significant alternatives to the proposed 
rule that would accomplish the stated objectives of the proposed rule 
while minimizing the economic impact on small entities.
    Toddler beds and convertible cribs are typically produced or 
marketed by juvenile product manufacturers and distributors or by 
furniture manufacturers and distributors, some of which have separate 
divisions for juvenile products. The CPSC's staff believes that there 
are currently at least 73 known manufacturers or importers that supply 
toddler beds and/or convertible cribs to the United States market. 
Approximately 48 suppliers are domestic manufacturers (66 percent), 13 
are domestic importers (18 percent), 11 are foreign manufacturers (15 
percent), and the remaining firm is a foreign supplier who imports from 
other countries and exports to the United States. (For sources of 
information used in this initial regulatory flexibility analysis, see 
Ref. 5.)
    Under Small Business Administration (SBA) guidelines, a 
manufacturer of toddler beds or convertible cribs is small if it has 
500 or fewer employees and an importer is small if it has 100 or fewer 
employees. Based on these guidelines, 11 of the domestic importers and 
34 domestic manufacturers known to be supplying the United States 
market are small. (Six of these small domestic manufacturers have 
between 100 and 500 employees.) There are an additional eight domestic 
manufacturers of unknown size, most of which are likely to be small as 
well. (In fact, there was sufficient information to include seven of 
these firms as small in the analysis that follows.) However, there are 
probably additional unknown small manufacturers and importers operating 
in the United States market as well.
    The Juvenile Products Manufacturers Association (JPMA), the major 
United States trade association that represents juvenile product 
manufacturers and importers, runs a voluntary Certification Program for 
several juvenile products. Approximately 29 firms that supply toddler 
beds and/or convertible cribs to the United States market are compliant 
with the current ASTM voluntary standard (40 percent). (Twenty-six of 
these firms are JPMA-certified as compliant, while an additional three 
firms claim compliance. Of the small domestic businesses, 11 
manufacturers (27 percent) and 6 importers (55 percent) are JPMA-
certified as ASTM-compliant. Additionally, there are two small 
manufacturers that claim compliance with the ASTM standard that are not 
part of JPMA's Certification Program.
    The most recent United States birth data shows that there are 
approximately 4.3 million births per year. The vast majority of these 
babies eventually use cribs for sleeping purposes, although there is 
some evidence that play yards are becoming a common substitute. In 
fact, according to a 2005 survey conducted by the American Baby Group 
(2006 Baby Products Tracking Study), 22 percent of new mothers own 
convertible cribs. Approximately 16 percent of convertible cribs were 
handed down or purchased second-hand.\1\ If these rates hold, this 
suggests annual convertible crib sales of about 795,000 (0.22 x 0.84 x 
4.3 million births per year). Of those consumers with non-convertible 
cribs, some proportion of them will eventually use toddler beds when 
their children get older. However, consumers may choose to use a twin 
or larger bed and use portable bed rails rather than use a separate 
toddler bed. Assuming that approximately 50 percent elect to use 
toddler beds and that approximately 50 percent of those buy them new, 
this would mean that around 839,000 toddler beds are sold per year 
(0.78 non-convertible cribs x 4.3 million births x 0.5 use toddler beds 
x 0.5 buy them new).\2\ Adding this to the estimate of convertible 
cribs yields a total of approximately 1.6 million units (convertible 
cribs and toddler beds) sold per year that might be affected by the 
proposed toddler bed standard.
---------------------------------------------------------------------------

    \1\ The data on second-hand products for new mothers was not 
available. Instead, data for new mothers and expectant mothers was 
combined and broken into first-time mothers and experienced mothers. 
Data for first-time mothers and experienced mothers was averaged to 
calculate the approximate percentage that was handed down or 
purchased second-hand.
    \2\ Any per-year estimate for toddler beds will be approximate 
since when parents make such a purchase for their child is likely to 
vary.
---------------------------------------------------------------------------

    Reason for Agency Action and Legal Basis for the Proposed Rule. 
Section 104 of the CPSIA requires the CPSC to promulgate a mandatory 
standard for toddler beds that is substantially the same as, or more 
stringent than, the voluntary standard. The Commission is proposing 
four additional requirements to the current ASTM standard. The first 
would assure more structurally sound guardrails. The second is intended 
to reduce the likelihood of entrapments due to broken slats/spindles. 
The third would improve the safety of guardrails by adding height 
requirements. The fourth, modified warnings, is intended to emphasize 
that deaths in toddler beds have occurred due to entrapments and 
strangulation. The Commission concludes that the more stringent 
standard would reduce the risk of future injuries and deaths associated 
with toddler beds and convertible cribs.
    Compliance Requirements of the Proposed Rule. The Commission 
proposes adopting the voluntary ASTM standard for toddler beds with 
four additions. Key components of ASTM F 1821--09 include:
     Mattress retention requirements intended to control the 
horizontal position of the mattress and prevent torso entrapments, as 
well as assure that the mattress does not fall too far below the 
mattress support when used by a child of the maximum recommended weight 
(50 lbs);
     Mattress support systems requirements intended to prevent 
disengagement which might result in a sharp edge or an opening in which 
a child might become entrapped;
     Requirements for mattress support systems attached to end 
structures intended to assure that the mattress support system remains 
attached to the end structures and does not create a hazard, such as 
sharp edges or openings in which a child might become entrapped;
     Requirements for guardrails intended to prevent openings 
in guardrails in which children might be trapped; and
     End structures intended to prevent openings in end 
structures in which children might be trapped.
    The voluntary standard also includes: (1) Requirements for several 
features to prevent entrapment and cuts (minimum and maximum opening 
size, hazardous sharp points or edges, and edges that can scissor, 
shear, or pinch); (2) torque and tension tests to assure that 
components cannot be removed; (3) requirements for partially bounded 
openings; (4) marking and labeling requirements; (5) requirements for 
the permanency and adhesion of labels; (6) requirements for 
instructional literature; and (7) requirements to address corner post 
extensions, which may catch various children's items and pose a choking 
hazard.

[[Page 22299]]

    Based on CPSC staff recommendations, the Commission proposes to 
modify the existing ASTM standard by revising the entrapment/
strangulation warnings, and adding three new requirements for guardrail 
height, slat/spindle strength, and structural integrity for guardrails:
     Guardrail height. The proposed rule would require that 
guardrails be a minimum height of 5 inches above the manufacturer's 
recommended sleeping surface. This will help prevent falls.
     Slat/spindle strength. The proposed rule adds a new 
requirement to test the strength of spindles and slats in guardrails, 
side rails, and end structures using an 80-lb force.
     Structural integrity for guardrails. In addition to the 
existing test for guardrail openings, the proposed rule would add a 
test for the overall stability of guardrails using a 50-lb force while 
the bed is firmly secured. This additional test is intended to help 
prevent children from falling out of bed; it is also calculated to 
ensure that the guardrails remain intact when children lean against 
them or attempt to use them to climb into bed.
     Entrapment/strangulation warnings. The proposed rule would 
modify the existing warnings by adding a more detailed description of 
mechanisms creating the hazard and separating the entrapment and 
strangulation messages into two warning labels. This is intended to 
increase the efficacy of the warning by emphasizing the potential for 
death for each of the two different mechanisms.
    As explained earlier in section F of this preamble, toddler beds 
and convertible cribs entering commerce would need to meet the new 
requirements if they are manufactured or imported after 6 months from 
the date of publication of the final rule. In other words, the 
standard, if finalized, would not apply retroactively.
    The recommended slat/spindle strength requirement may help prevent 
incidents where slats break and children are either cut, fall through 
the opening, or become entrapped. This proposed modification to the 
current voluntary standard could potentially add significant costs to 
toddler bed and convertible crib suppliers. Preliminary testing 
indicates that some toddler beds and convertible cribs currently on the 
market would meet this requirement with no further modifications, while 
others would not.
    Plastic toddler beds would be exempt from the slat/spindle 
requirement, because they do not have wooden slats/spindles and have 
not been associated with the hazards addressed by this requirement. 
Therefore, we believe that some products will need to be modified to 
meet the slat/spindle requirement, which is likely to affect at least a 
few firms.
    Suppliers may also need to make product modifications to meet the 
revised structural integrity requirement and new height requirement for 
guardrails. No testing has been performed so far that would indicate 
how many products currently on the market would meet these 
requirements, but it appears that at least some products will be able 
to meet the guardrail height requirements. It is possible for firms to 
eliminate guardrails from their products entirely as a way to address 
the proposed guardrails requirements if they can comply with the other 
requirements of the proposed standard without the guardrail in place 
(guardrails themselves are not required). However, it would be 
unreasonable to assume that all of the firms whose products may require 
modifications can or will take this approach. Therefore, it is expected 
that at least some products will require modifications to meet these 
guardrail requirements and that at least a few firms will be affected.
    In meeting the slat/spindle strength and guardrail structural 
integrity requirements, it is possible that firms may improve the 
quality of materials used to make the slats/spindles or guardrails. 
(Plastic toddler beds and convertible cribs would not need to make such 
modifications since they have not been associated with the identified 
risks from these parts.) For wooden toddler beds and convertible cribs, 
switching to a stronger material is unlikely to exceed more than a few 
dollars per unit. For example, using white ash rather than western 
white pine improves average strength properties by an average of 74 
percent (http://www.woodbin.com/ref/wood/strength_table.htm) while 
increasing the price of the material by an average of 26 percent 
(http://www.willardbrothers.net/ORDER%20FORM.htm) for a maximum of 
$1.55 more for the largest quantity listed. These cost differentials 
are based on raw lumber costs which would affect firms differently, 
depending upon how much wood was used in their particular product. 
Metal toddler beds/convertible cribs are less common than products made 
from wood or plastic, but material changes should not be substantially 
more expensive than for wooden products. Alternatively, firms could 
undertake product redevelopment to develop compliant toddler beds, 
which would likely be more expensive than using alternate materials. 
Therefore, it is likely that at least some firms would select the less 
expensive option.
    Increasing the height of guardrails may help prevent children from 
falling from the bed. As discussed above, the proposed rule would not 
require guardrails to be included with toddler beds or convertible 
cribs, so firms with noncompliant products have the option of 
eliminating guardrails entirely if their products will comply with the 
other requirements of the proposed standard with the guardrails 
removed. Alternatively, they could redesign their product (or the 
guardrail portion of their product) to make their guardrails higher. If 
the second option is taken, there will likely be some cost associated 
with product redevelopment, as well as some increased costs for 
additional materials.
    The remaining requirements, entrapment and strangulation warnings, 
are expected to have only a minimal impact on current suppliers of 
toddler beds or convertible cribs. The revised warnings would be only a 
minor modification for firms currently complying with the ASTM 
standard. Even for those firms supplying toddler beds without such a 
warning or with a warning that differs from the one outlined in the 
current voluntary standard, the costs associated with printing a 
revised warning or a completely new warning would be low.
    Other Federal Rules. CPSC staff has not identified any federal or 
state rule that either overlaps or conflicts with the staff's draft 
proposed rule.
    Impact on Small Businesses. There are 73 firms currently known to 
be marketing toddler beds and/or convertible cribs in the United 
States. Six are large domestic manufacturers, 1 is a domestic 
manufacturer of unknown size, 2 are large domestic importers, and 12 
are foreign firms. The impact on the remaining 52 small firms--34 firms 
known to be small domestic manufacturers, 7 firms that are presumed to 
be small domestic manufacturers, and 11 small domestic importers--is 
the focus of the remainder of this analysis.
    Small Domestic Manufacturers. For the most part, the impact of the 
proposed standard on small manufacturers will differ based on whether 
they currently comply with the voluntary ASTM standard. If they do not, 
as is the case with 28 firms, the impact could be significant. These 
firms would likely have to undergo product redevelopment. As explained 
below, the cost of such an effort for toddler beds and convertible 
cribs is unknown, but could be substantial for some firms.
    Product development costs include product design, development and

[[Page 22300]]

marketing staff time, product testing, and focus group expenses. These 
costs can be very high, particularly when there are multiple products, 
but they can be treated as new product expenses and amortized over 
time. If a firm deals with multiple products subject to the proposed 
standard, there may be some economies of scale for some of these 
development stages that would reduce the marginal costs for each new 
product being redeveloped. Other one-time costs include the retooling 
of manufacturing equipment, which could be gradually recouped over the 
sales of numerous units. There are also expected to be increased costs 
of production. Producing toddler beds and convertible cribs that have 
greater structural integrity, stronger slats/spindles, and higher 
guardrails may require additional raw materials or possibly heavier 
materials. In addition to increasing the costs of production, this 
could increase shipping costs as well.
    Even if these firms are able to pass their increased costs on to 
consumers, the impact could still be considerable. This is because 
firms manufacturing toddler beds and convertible cribs are not simply 
competing against other producers of toddler beds and convertible 
cribs. They also compete against producers of substitute products, 
firms whose products would not be subject to the proposed standard. 
Toddler bed producers must compete with producers of twin (or possibly 
larger) beds that can be used with portable guardrails, while 
convertible cribs must compete with these same products for larger 
children and with standard cribs for smaller children.
    There is expected to be less of an impact on the 13 firms that are 
known to comply with the current voluntary standard. At least some of 
these firms should be able to comply with the new requirements without 
product modifications other than labeling. The remaining firms may opt 
to redesign their products as well, which, again, would result in some 
one-time costs and a possible increase in production costs. It is also 
possible, however, that they may be able to select a potentially less 
expensive option to address some of the recommended requirements. A 
modification in the materials used may be sufficient for many products, 
and the associated cost is not expected to exceed a few dollars per 
unit.
    There are two manufacturers that do not comply with the current 
voluntary ASTM standard that would be affected differently by the 
proposed standard. These firms take already manufactured toddler beds 
and convertible cribs, decorate them (often with original artwork), and 
then sell them as a final product. Because these firms do not make the 
underlying toddler beds and convertible cribs, the impact of the 
proposed standard on these firms will be the same as that of an 
importer. These firms would need to find a new supplier of compliant 
products if their current supplier does not make the necessary 
modifications. The new products would presumably be of higher quality, 
as well as more expensive since some of the original manufacturer's 
production costs (and possibly redevelopment costs) are likely to be 
passed on to these firms.
    The scenario described above assumes that only those firms that are 
JPMA-certified or claim ASTM compliance will pass the voluntary 
standard's requirements. This is not necessarily the case. CPSC staff 
has identified many cases where products not certified by JPMA actually 
comply with the relevant ASTM standard; however, there is insufficient 
evidence of this for toddler beds and convertible cribs to quantify 
this impact. Additionally, the effect of the new and modified 
requirements may be less substantial than outlined above to the extent 
that some products may already comply with foreign standards with some 
more rigorous requirements. However, there is insufficient information 
to quantify this effect. Therefore, the Commission invites comments 
from small businesses affected by this proposal explaining the economic 
impact it will impose on them.
    Small Domestic Importers. The majority of small domestic importers 
(six out of 11) comply with the current voluntary standard. At least 
some of these firms should not need to make any product modifications 
(other than labeling) to meet the proposed standard. However, those 
whose products do require modifications will need to find an alternate 
supplier if their existing one does not come into compliance. The new 
products will presumably be of higher quality, as well as more 
expensive. However, the actual price increase is unknown and likely to 
vary based upon the degree of modification required. All of the 
remaining five firms not now in compliance with the ASTM voluntary 
standard would need to either require their current supplier to make 
the modifications necessary to comply with the standard or find other 
suppliers that did comply. Depending on the degree to which their 
toddler beds and convertible cribs are out of compliance with the 
voluntary standard, the price increase (as well as the increases in 
quality and safety) could be relatively high. To the extent that some 
of these firms may actually comply with the current voluntary standard 
or one or more of the new/modified requirements in the proposed 
standard, the impact of the proposed rule would be lower.
    For the most part, the impact of the proposed rule on importers 
should be smaller than that on manufacturers. Even if importers respond 
to the rule by discontinuing the import of noncomplying toddler beds 
and convertible cribs, either by replacing them with a complying 
product or another juvenile product, deciding to import an alternative 
product would be a reasonable and realistic way to offset any lost 
revenue. The one exception would be firms for which convertible cribs 
or toddler beds and their associated products (i.e., matching 
furniture) form the core of their product line. For these firms, a 
substantial price increase could possibly drive them out of business or 
require them to rebuild their business based on alternative products.
    Alternatives. Under section 104 of the CPSIA, the primary 
alternative that would reduce the impact on small entities is to make 
the voluntary standard mandatory with no modifications. (This option 
may not be feasible, given the CPSIA's direction for the Commission to 
issue more stringent standards if that would further reduce the risk of 
injury associated with durable nursery products.) For small domestic 
manufacturers that already meet the requirements of the voluntary 
standard, adopting the standard without modifications may reduce their 
costs relative to the proposed rule, but only marginally. Similarly, 
limiting the requirements of a final rule to those now in the voluntary 
standard would probably have little beneficial impact on small 
manufacturers that do not currently meet the requirements of the 
voluntary standard. This is because, for these firms, most of the cost 
increases would be associated with meeting the requirements of the 
current voluntary standard, rather than the changes associated with the 
proposed rule. The difference for importers, whether compliant with the 
voluntary standard or not, is also likely to be minimal.
    Conclusion. The proposed rule could have a significant impact on a 
substantial number of small entities. Even if all the small firms that 
are JPMA-certified as compliant with ASTM's voluntary standard did not 
require any changes other than labeling to comply with the proposed 
standard, there would still be 63 percent (33 out of 52 firms) that 
would probably need to redevelop their products to comply.

[[Page 22301]]

This would typically need to be done for multiple products for each 
firm. (To the extent that some of the products not certified by JPMA 
may still comply, the impact will be reduced.) Firms supplying products 
that already comply with the voluntary standard may not need to make 
any product modifications (other than labeling) to meet the proposed 
rule, but this applies to only 42 percent of the known small firms. 
Some of these firms, and basically all of the other small firms, will 
need to make at least some modifications to their toddler beds and 
convertible cribs to comply with the proposed rule. The extent of these 
costs is unknown, but since product redevelopment would likely be 
necessary in many cases, it is possible that the costs could be large 
and have the potential to reduce firms' ability to compete with 
substitute products.
    Nineteen small businesses are believed to have product lines 
consisting entirely or primarily of toddler beds, convertible cribs, 
and related products (such as accompanying furniture). These firms may 
be affected disproportionately by the proposed rule. If the cost of 
developing (or importing) a compliant product proves to be a barrier 
for these firms, the loss of toddler beds and convertible cribs as a 
product category could be significant and may not be easily mitigated 
by the sale of other juvenile products.

L. Request for Comments

    All interested persons are invited to submit their comments to the 
Commission on any aspect of the proposed rule. Comments should be 
submitted in accordance with the instructions in the ADDRESSES section 
at the beginning of this notice.

M. References

    1. CPSC staff memorandum, from Celestine T. Kiss, Project Manager, 
Division of Human Factors, Directorate for Engineering Sciences, and 
Robert J. Howell, Assistant Executive Director, Office of Hazard 
Identification and Reduction, ``Staff's Draft Proposed Rule for toddler 
Beds,'' March 3, 2010, with Tabs A-D.
    2. CPSC staff memorandum, from Risana T. Chowdhury, Division of 
Hazard Analysis, to Celestine T. Kiss, Division of Human Factors, 
Directorate for Engineering Sciences, ``Toddler Beds-Related Deaths, 
Injuries and Potential Injuries, and NEISS Injury Estimates; 2005-
Present,'' January 28, 2010 (Tab A to Ref. 1).
    3. CPSC staff memorandum, from Jacob J. Miller, Division of 
Mechanical Engineering, Directorate for Engineering Sciences, to 
Celestine T. Kiss, Project Manager, Division of Human Factors, 
Directorate for Engineering Sciences, ``Proposed Changes to ASTM F 
1821-09, Standard consumer Safety Specification for Toddler Beds, for 
Incorporation in Staff's Draft Proposed Rule,'' February 23, 2010 (Tab 
B to Ref. 1).
    4. CPSC staff memorandum, from Timothy P. Smith, Engineering 
Psychologist, Division of Human Factors, Directorate for engineering 
Sciences, to Celestine T. Kiss, Project Manager, Division of Human 
Factors, Directorate for Engineering Sciences, ``Warning Statements for 
Toddler Beds (CPSIA Section 104),'' March 3, 2010 (Tab C to Ref. 1).
    5. CPSC staff memorandum, from Jill L. Jenkins, Ph.D., Economist, 
Directorate for Economic Analysis, to Celestine T. Kiss, Project 
Manager for Toddler Beds, Division of Human Factors, Directorate for 
Engineering Sciences, ``Initial Regulatory Flexibility Analysis of 
Proposed Standard for Toddler Beds,'' February 18, 2010 (Tab D to Ref. 
1).

List of Subjects in 16 CFR Part 1217

    Consumer protection, Infants and children, Incorporation by 
reference, Law enforcement, Safety, Toddler beds.
    For the reasons stated above, and under the authority of 5 U.S.C. 
553, and sections 3 and 104 of Public Law 110-314, 122 Stat. 3016 
(August 14, 2008), the Consumer Product Safety Commission proposes to 
add a new 16 CFR part 1217 as follows:

PART 1217--SAFETY STANDARD FOR TODDLER BEDS

Sec.
1217.1 Scope, application, and effective date.
1217.2 Requirements for toddler beds.

    Authority: Sections 3 and 104 of Pub. L. 110-314, 122 Stat. 3016 
(August 14, 2008).

Sec.  1217.1  Scope, application, and effective date.

    This part 1217 establishes a consumer product safety standard for 
toddler beds manufactured or imported after 6 months after publication 
of the final rule in the Federal Register.

Sec.  1217.2  Requirements for toddler beds.

    (a) Except as provided in paragraph (b) of this section, each 
toddler bed as defined in ASTM F 1821-09, Standard Consumer Safety 
Specification for Toddler Beds, approved April 1, 2009, shall comply 
with all applicable provisions of ASTM F 1821-09, as that standard is 
amended by this part 1217. 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 of this ASTM standard 
from ASTM International, 100 Barr Harbor Drive, PO Box C700, West 
Conshohocken, PA 19428-2959 USA, phone: 610-832-9585; http://www.astm.org/. You may inspect copies at the Office of the Secretary, 
U.S. Consumer Product Safety Commission, Room 820, 4330 East West 
Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal 
regulations/ibr_locations.html.
    (b) Comply with ASTM 1821-09 with the following additions or 
exclusions.
    (1) Instead of the section number of section 6.5 and its 
introductory heading ``Guardrails--'' comply with the following:
    (i) 6.5.1
    (ii) Reserved.
    (2) In addition to section 6.4 of ASTM F 1821-09, comply with the 
following:
    (i) 6.5 Guardrails:
    (ii) [Reserved]
    (3) In addition to complying with the provisions of paragraphs 
(b)(1) and (b)(2) of this section, comply with the following:
    (i) 6.5.2 The upper edge of the guardrails shall be at least 5 in. 
(130 mm) above the sleeping surface when a mattress of a thickness that 
is the maximum specified by the manufacturer's instructions is used.
    (ii) [Reserved]
    (4) In addition to section 6.4 of ASTM 1821-09 comply with the 
following:
    (i) 6.8 Structural Integrity of Guardrails--After testing in 
accordance with 7.9, there shall be none of the hazardous conditions 
described in Section 5.
    (ii) [Reserved.]
    (5) In addition to the changes to ASTM 1821-09 in paragraphs (b) 
(1), (2) and (3) of this section comply with the following:
    (i) 6.9 Slat/Spindle Strength--Toddler beds that contain wooden or 
metal slats or spindles shall meet the performance requirements 
outlined in section 6.9.1.
    (A) 6.9.1 After testing in accordance with the procedure in 7.10, 
there shall be no slat or spindle breakage or separation of a slat or 
spindle from the guardrails, side rails, or end structures.
    (B) [Reserved]
    (ii) [Reserved]
    (6) In addition to section 7.8 of ASTM 1821-09 comply with the 
following:
    (i) 7.9 Test Method for Guardrail Structural Integrity:

[[Page 22302]]

    (A) 7.9.1 Firmly secure the toddler bed on a stationary flat 
surface using clamps. Gradually apply 50 lbf to the uppermost 
horizontal part of the mattress side of the guardrail in a direction 
perpendicular to the plane of the rail. The force should be applied in 
the center along the length of the rail and then repeated with the 
force applied directly over each of the outermost legs of the 
guardrail. The force should be applied in the direction away from the 
mattress within a period of 5 s and maintained for an additional 10 s.
    (B) [Reserved]
    (ii) [Reserved]
    (7) In addition to the changes to ASTM 1821-09 in paragraph (b)(5) 
of this section comply with the following:
    (i) 7.10 Slat/Spindle Testing for Guardrails, Side Rails, and End 
Structures:
    (A) 7.10.1 The spindle/slat static load test shall be performed for 
all slats and spindles with the spindle/slat assemblies removed from 
the bed and supported only on the rail corners through a contact area 
not more than 3 square inches when measured parallel to the 
longitudinal axis of the end of the rail. Besides the corners, the 
upper and lower horizontal rails of both linear and contoured shall be 
free to deflect under the applied force.
    (B) 7.10.2 Gradually, over a period of not less than 2 s or greater 
than 5 s, apply the force specified in 7.10.3 or 7.10.4 at the midpoint 
between the top and bottom of the spindle/slat being tested. This force 
shall be applied through a contact area large enough to not cause 
visible indentation or cutting of the spindle/slat, but not wider than 
1 in. (2.54 cm) when measured parallel to the longitudinal axis of the 
spindle/slat. This weight shall be maintained for 30 seconds.
    (C) 7.10.3 Test, according to 7.10.2, 25% (or the next highest 
percentage if 4 does not divide evenly into the total number) of all 
spindles/slats with a force of 80 lb. Spindles/slats that offer the 
least resistance to bending based upon their geometry shall be selected 
to be tested within this grouping of 25%, except that adjacent 
spindles/slats shall not be tested per 7.10.2. Place an identifying 
mark on all tested spindles/slats.
    (D) 7.10.4 Upon completion of the test described in 7.10.2 and 
7.10.3, gradually apply, over a period of not less than 2 s or greater 
than 5 s, 60 lbf (266.9 N) at the midpoint between the top and bottom 
of all spindles/slats not previously tested under 7.10.2 and 7.10.3. 
This force shall be applied through a contact area large enough to not 
cause visible indentation or cutting of the spindle/slat, but not wider 
than 1 in. (2.54 cm) when measured parallel to the longitudinal axis of 
the spindle/slat. This force shall be maintained for 30 s.
    (E) 7.10.5 End vertical rails that are joined between the slat 
assembly top and bottom rails are not considered slats and do not 
require testing under 7.10.
    (ii) [Reserved]
    (8) Comply with ASTM 1821-09 section 8.4. Instead of complying with 
section 8.4.3, including the warning label, and sections 8.4.4 through 
8.4.5 of ASTM 1821-09, use the following:
    (i) 8.4.3 Toddler beds that meet the performance requirements of 
sections 5.8.2 (torso entrapment), 6.1 (mattress retention), 6.2 
(mattress support system integrity), 6.3 (mattress support system 
attachment to end structures), 6.4 (mattress support system openings), 
6.6 (end structure openings), and 6.7 (partially bounded openings) with 
the guardrails removed may bear the following label, exactly as 
depicted, instead of the label required by section 8.4.4:
[GRAPHIC] [TIFF OMITTED] TP28AP10.004

    (ii) 8.4.4 All toddler beds that do not bear the label allowed for 
certain toddler beds by section 8.4.3, shall bear the following label, 
exactly as depicted:
[GRAPHIC] [TIFF OMITTED] TP28AP10.005

    (iii) 8.4.5 In addition to the label allowed by section 8.4.3 or 
required by section 8.4.4, all toddler beds shall bear the following 
label, exactly as depicted:

[[Page 22303]]

[GRAPHIC] [TIFF OMITTED] TP28AP10.006

    Dated: March 24, 2010
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010-6947 Filed 4-27-10; 8:45 am]
BILLING CODE 6355-01-P
```