Crib Mattress Supporting Statement A_2020

Information Collection Request (ICR)
Safety Standard for Crib Mattresses
Supporting Statement

A.

Justification

1.

Information to be collected and circumstances that make the collection of information
necessary

The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer
Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product
Safety Commission (CPSC) to promulgate consumer product safety standards for durable infant
or toddler products. These standards are to be “substantially the same as” the applicable
voluntary standard, 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. As directed by this statutory requirement, the Commission is proposing a safety
standard for full-size and non-full-size crib mattresses, as well as after-market mattresses for play
yards and non-full size cribs. The Commission is also proposing to amend CPSC’s consumer
registration requirements in 16 CFR part 1130 to identify crib mattresses within the scope of the
rule as durable infant or toddler products, and proposing to amend CPSC’s list of notice of
requirements (NORs) in 16 CFR part 1112 to include such crib mattresses.
The proposed rule would require each crib mattress within the scope of the rule to
comply with ASTM International, F2933-19, Standard Consumer Safety Specification for Crib
Mattresses, with some modifications.
Section 7 of ASTM F2933-19, and a proposed new section 8 in the NPR, contain
requirements for marking, labeling, and instructional literature. Section 7 requirements fall
within the definition of “collection of information,” as defined in 44 U.S.C. 3502(3).
In addition to improved warning format and content, proposed modifications to section
7.1.1 of ASTM F2933-19 would 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. Proposed
modifications to section 7.1.2. of ASTM F2933-19 would also require a code mark or other
means that identifies the date (month and year, as minimum) of manufacture. Proposed
modifications to section 7.2 of ASTM F2933-19 would require marking and labeling on the
product to be permanent.
The NPR also proposes a new section 8 that would require instructions to be supplied
with the crib mattress, however any burden associated with supplying instructions with crib
mattresses would be “usual and customary”. The instructions would be 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.

2.

Use and sharing of collected information

Updates to the warnings format is intended to clarify warning messages for consumers.
The information required in sections 7.1.1, 7.1.2, and 7. 2 is intended to help the CPSC and the
consumer identify the firm and the product, should a safety issue arise. The instructional
literature as proposed in “Safety Standard for Crib Mattresses,” 85 FR 67906 (October 26, 2020),
is meant to prevent safety problems by providing assembly and maintenance information to
consumers.

3.

Use of information technology (IT) in information collection

Information technology will not be used in these requirements. In the proposed rule,
manufacturers are required to provide labeling, marking, and instructional literature. This
disclosure is provided with the purchase of the product.

4.

Efforts to identify duplication

Information being disclosed is manufacturer and product specific. To the extent that
firms do not already comply with the voluntary standard, information provided by these
requirements is not available through any other agency, organization, or individual.

5.

Impact on small businesses

The costs of marking and labeling associated with the standards for crib mattresses may
impact some small firms. CPSC staff estimates that 26 firms manufacture or import full-size and
non-full-size crib mattresses, or after-market play yard mattresses that are subject to the proposed
rule, of which 16 would be considered small businesses according to SBA guidelines.
The statute requiring this action does not contain an exemption for small firms.

6.

Consequences to federal program or policy activities if collection is not conducted or is
conducted less frequently

Stakeholders, consumers, and the government rely on product marking, labeling, and
instructions to inform about assembly of products marking, labeling, and instructions to inform
about safe use and assembly of products and to identify products for recall.

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7.

Special circumstances requiring respondents to report information more often than
quarterly or to prepare responses in fewer than 30 days

No special circumstances will require respondents to produce labels or instructional
material more often than quarterly or in fewer than 30 days.

8.

Consultation outside the agency

The CPSC has requested comments on the proposal to incorporate by reference ASTM
F2933-19, with modifications, and improve warnings and instructions, in the Federal Register,
published October 26, 2020 (85 FR 67906). The notice discusses the information collection
burden and invites public comment on the CPSC’s estimates. The public comment period closes
on January 11, 2021.

9.

Decision to provide payment or gift

CPSC will not provide payment or gift to respondents.

10.

Assurance of confidentiality

No assurance of confidentiality exists for the required information. The information in
the product’s marking, labeling, and instructional literature is not confidential.

11.

Questions of a sensitive nature

None of the required information is of a sensitive nature.

12.

Estimate of hour burden to respondents

The proposed rule would require crib mattresses to comply with ASTM F2933-19,
Standard Consumer Safety Performance Specification for Crib Mattresses, with several
modifications, including modifications to their existing labels and new requirements for the
provision of instructional literature. Proposed modifications to section 7.1.1, 7.1.2, and 7.2
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contains requirements for marking and labeling. These requirements fall within the definition of
“collection of information,” as defined in 44 U.S.C. 3502(3).
Under the OMB’s regulations (5 OFR 1320.3(b)(2)), the time effort, and financial
resources necessary to comply with the 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 CPSC staff’s review of product information online, approximately 80 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 which supply crib
mattresses already provide customer support for use of their children’s products. Therefore, we
tentatively estimate that no burden hours are associated with the proposed section 8 of ASTM
F2933-19, because any burden associated with supplying instructions with crib mattresses would
be “usual and customary” and not within the definition of “burden” under the OMB’s regulation.
We estimate the burden of this collection as follows:
Table 1 – Estimated Annual Reporting Burden
16 CFR section

Number of
Respondents

Frequency
of
Responses

Total
Annual
Responses

Hours per
Response

Total
Burden
Hours

1241.2 (a), (b)

26

12

312

1

312

TOTAL
BURDEN

312

Twenty-six known entities supply crib mattresses to the U.S. market and 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, each entity supplies an average of 12 models of crib mattresses; therefore
the estimated burden associated with labels is 1 hour per model x 26 entities x 12 models per
entity = 312 hours.
We estimate the hourly compensation for the time required to create and update labels is
$32.74 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” March
2020, total compensation for all sales and office workers in goods-producing private industries:
http://www.bls.gov/ncs/). Therefore, the estimated annual cost to industry associated with the
labeling requirements is $10,214.88 ($32.74 per hour x 312 hours = $10,214.88).

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13.

Estimates of Other Total Annual Cost Burden to Respondents or Recordkeepers
Respondents bear no costs beyond those presented in Section A.12. No operating,

maintenance, or capital costs are associated with the collection.
14.

Estimate of annualized costs to the federal government

The estimated annual cost of the information collection requirements to the federal
government is approximately $4,124, which includes 60 staff hours to examine and evaluate the
information as needed for Compliance activities. This is based on a GS-12 level salaried
employee. The average hourly wage rate for a mid-level salaried GS-12 employee in the
Washington, DC metropolitan area (effective as of January 2020) is $46.88 (GS-12, step 5).
This represents 68.2 percent of total compensation (U.S. Bureau of Labor Statistics, “Employer
Costs for Employee Compensation,” June 2020, percentage of wages and salaries for all civilian
management, professional, and related employees: http://www.bls.gov/ncs/). Adding an
additional 31.8 percent for benefits brings average hourly compensation for a mid-level salaried
GS-12 employee to $68.74. Assuming that approximately 60 hours will be required annually,
this results in an annual cost of $4,124.40.
15.

Program changes or adjustments

This is a new information collection request.

16.

Plans for tabulation and publication

Not applicable.

17.

Rationale for not displaying the expiration date for OMB approval

Not applicable.

B.

Collection of Information Employing Statistical Methods
Not applicable.

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