Expanded Program Justification

This memo provides an update and requests changes to the use of full-size baby cribs and non-full size baby cribs verification of compliance form approved on 5/03/2013, under Control No. 3041-0161.

Background

Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the United States Consumer Product Safety Commission (CPSC or Commission,) to promulgate consumer product safety standards for durable infant or toddler products. On December 28, 2010, the Commission issued a final rule establishing safety standards for full-size and non-full-size baby cribs in response to the direction under section 104(b) of the CPSIA (75 Fed. Reg. 81766). Section 104(c) of the CPSIA specifies that the crib standards cover used as well as new cribs. The crib standards apply to anyone who manufactures, distributes or contracts to sell a crib; to child care facilities, and others holding themselves out to be knowledgeable about cribs; to anyone who leases, sublets or otherwise places a crib in the stream of commerce; and to owners and operators of places of public accommodation affecting commerce.

The Commission staff conducted a childcare facility inspection pilot program in 2012 that included visits to approximately 50 childcare centers in six states. Results of the pilot program will be used to expand the program in FY2013, although size of the expansion would be dependent on the availability of CPSC resources. The Commission will contract with numerous State designated inspection officials to visit 260 additional facilities to measure compliance with the crib safety standards. Information from those visits would be recorded on the form.

The proposed changes to the inspection program include an increase in visited facilities from 50 to 260 resulting in burden hours increasing from 17.5 to 65 hours. The time for completion of the form, 15 minutes per visited facility, has not changed. As the agency having authority over the crib standards, the Commission’s contracted representatives will be visiting childcare facilities as part of on-going programs to assure compliance with the regulation for full-size and non-full size baby cribs.