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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112, 1130 and 1241
[CPSC Docket No. 2020–0023]
Safety Standard for Crib Mattresses
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
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. The Commission is
proposing a safety standard for crib
mattresses. The scope of the proposed
rule includes full-size and non-full-size
crib mattresses, as well as after-market
mattresses for play yards and non-fullsize cribs. The Commission is also
proposing to amend CPSC’s consumer
registration requirements to identify crib
mattresses within the scope of the
proposed rule as durable infant or
toddler products, and proposing to
amend CPSC’s list of notice of
requirements (NORs) to include such
crib mattresses.
DATES: Submit comments by January 11,
2021.
ADDRESSES: Comments related to the
Paperwork Reduction Act aspects of the
marking, labeling, and instructional
literature requirements of the proposed
mandatory standard for crib mattresses
should be directed to the Office of
Information and Regulatory Affairs, the
Office of Management and Budget, Attn:
CPSC Desk Officer, Fax: 202–395–6974,
or emailed to oira_submission@
omb.eop.gov.
Other comments, identified by Docket
No. CPSC–2020–0023, may be
submitted electronically or in writing:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: http://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC does not accept comments
SUMMARY:
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submitted by electronic mail (email),
except through www.regulations.gov.
CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal, as
described above.
Mail/Hand Delivery/Courier Written
Submissions: Submit comments by
mail/hand delivery/courier to: Division
of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East-West Highway, Bethesda, MD
20814; telephone: (301) 504–7479;
email: [email protected].
Instructions: All submissions must
include the agency name and docket
number for this notification. CPSC may
post all comments received without
change, including any personal
identifiers, contact information, or other
personal information provided, to:
https://www.regulations.gov. Do not
submit electronically: Confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information, please
submit it according to the instructions
for mail/hand delivery/courier
submissions.
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–2020–0023, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Hope E J. Nesteruk, Project Manager,
Directorate for Engineering, U.S.
Consumer Product Safety Commission,
5 Research Place, Rockville, MD 20850;
telephone: (301) 987–2547; email:
[email protected].
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
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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.
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 F2933–19 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. This NPR will
use the defined term ‘‘after-market’’ mattress.
Section 3.1.1 of ASTM F2933–19 defines an ‘‘aftermarket 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 F2933–19 states that it 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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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules
The Commission issues this notice of
proposed rulemaking (NPR) under
section 104 of the CPSIA to propose a
mandatory consumer product safety
standard for crib mattresses.3 Unless
otherwise stated, the term ‘‘crib
mattresses’’ in this NPR includes
products within the scope of the
voluntary standard for crib mattresses,
ASTM F2933–19, Standard Consumer
Safety Specification for Crib Mattresses
(ASTM F2933–19): Full-size crib
mattresses, non-full-size mattresses, and
after-market mattresses for play yards
and non-full-size crib mattresses.
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.4 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,
3 Previously, on November 21, 2016, the
Commission issued a notice of proposed
rulemaking 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 proposed 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 ASTM International website: www.astm.org,
About ASTM International.
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Standard Consumer Safety
Specification for Crib Mattresses, to
address the associated hazards.
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
infant sleep products, 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. The Commission proposes to
amend part 1130 to include ‘‘crib
mattresses’’ within the scope of ASTM
F2933, as durable infant or toddler
products. As set forth in section IX of
this preamble, the Commission
previously explained that the statutory
product list is not exhaustive, and the
Commission has added products to the
list of durable infant or toddler
products. The Commission proposes 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.
C. NPR Overview
Pursuant to section 104 of the CPSIA,
the Commission proposes to issue a
mandatory standard for crib mattresses,
incorporating by reference ASTM
F2933–19, with modifications to make
the standard more stringent, to further
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reduce the risk of injury associated with
the use of crib mattresses. Proposed
modifications in this NPR address: (1)
Suffocation hazards associated with crib
mattresses, due to overly soft mattresses,
by adding a test for mattress firmness
based on sections 6 and 8 of AS/NZS
8811.1:2013—Methods of testing infant
products—Method 1: Sleep Surfaces—
Test (AS/NZS 8811.1); (2) entrapment
hazards associated with full-size crib
mattresses, due to poor mattress fit from
compression by sheets, by repeating the
dimensional conformity test and
measuring for corner gaps, after
installing a shrunken (by washing twice)
cotton sheet; (3) entrapment hazards
associated with after-market, non-fullsize crib mattresses, due to lack of
dimensional requirements for
rectangular-shaped products, by
extending the dimensional requirements
in ASTM F2933–19 section 5.7.2 to all
non-full-size crib mattresses, regardless
of mattress shape, and regardless of
whether the mattress is sold with a nonfull-size crib or as an after-market
mattress; (4) laceration hazards
associated with coils and springs
breaking and poking through mattresses,
by adding a cyclic impact test for
mattresses that use coils and springs;
and (5) the risks of SIDS and suffocation
related to infant positioning, soft
bedding, and gap entrapment, by
improving the labeling and instructional
literature requirements to communicate
risks better to consumers, and to clarify
requirements for manufacturers and test
labs.
The Commission also proposes to
amend the consumer registration rule,
part 1130, to identify ‘‘crib mattresses’’
as a category of ‘‘durable infant or
toddler products’’ subject to the rule.
Finally, the Commission proposes 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.
This NPR is based on information
provided in the September 30, 2020,
Staff Briefing Package: Draft Notice of
Proposed Rulemaking for Crib
Mattresses 5 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-SafetyStandard-for-Crib-Mattresses.pdf?mDLf.
MBLutFluwt6QFjeZRhYdNLFRR.J.
5 As well as supplemental and after-market
mattresses used in play yards and portable cribs.
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules
II. Product Description
NPR 6
A. Scope of Products Within the
The scope of the NPR includes all crib
mattresses 7 within the scope of ASTM
F2933–19, which addresses three types
of crib mattresses:
1. Full-size crib mattresses—Full-size
crib mattresses within the scope the
proposed rule are typically sold
separately from the crib in which they
are intended to be used. Industry refers
to full-size crib mattresses as a
‘‘standard’’ crib mattress. 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
F2933–19 requires that the dimensions
of a full-size crib mattress shall measure
at least 271⁄4 in. wide and 515⁄8 in. long.
The interior dimensions of full-size
cribs are 28 ± 5⁄8 in. (710 ± 16 mm) wide
and 523⁄8 ± 5⁄8 in. (1330 ± 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 inner-spring
coils or foam. Inner-spring mattresses
often have a layer of foam or batting
between the springs and the ticking.
2. Non-full-size crib mattresses—Nonfull-size cribs are cribs that differ in
dimension or shape from ‘‘standard’’
full-size cribs. The NPR addresses all
non-full-size crib mattresses, regardless
of whether they are sold separately
(after-market), or are sold with a nonfull-size crib (referred to as original
equipment manufactured mattresses or
OEM mattresses), and regardless of
whether they are rectangular or nonrectangular in shape.8 Because non-fullsize cribs do not come in a standard
size, non-full-size crib mattresses do not
have defined dimensions. Rather, ASTM
6 See
Staff’s NPR Briefing Package at Tab B for
additional information on the scope of ASTM
F2933–19.
7 Section 3.1.4 of ASTM F2933–19 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 F2933–19 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.’’
8 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.
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F2933–19 sets a minimum effective cribside height for non-full-size cribs and a
maximum gap between the mattress
edge and the crib side.9 Section 5.7.2.1
of ASTM F2933–19 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 F2933–19 requires that
after-market, non-rectangular, non-fullsize crib mattresses be identical to the
OEM non-full-size crib mattresses they
are intended to replace, but only
requires warning labels regarding
dimensions on after-market, rectangularshaped, non-full-size crib mattresses.
The Commission proposes in the NPR to
extend this dimensional requirement to
all after-market, non-full-size cribs,
including non-rectangular and
rectangular, non-full-size mattresses.
3. After-market mattresses for play
yards—After-market mattresses are
products sold separately from a play
yard,3 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
yard mattresses, but does not address
after-market play yard mattresses. This
Commission proposes in the NPR to
address after-market mattresses for play
yards, as set forth in ASTM F2933–19
section 5.9, by requiring that they meet
the same specifications and
performance requirements for OEM play
yard mattresses. Additionally, the NPR
would require 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.
9 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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B. Market Description 10
Crib mattresses are designed to be
used with infant sleep products, such as
full-size cribs, non-full-size cribs,
bassinets and cradles, and play yards, 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
2018.11 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, and 7 percent are mini
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 highend foam core. Crib mattresses are
sometimes also sold with waterproof
covers and fitted sheets, specifically
designed to be used with the mattress.
While some manufacturers produce a
large variety of crib mattress models,
others produce only a small selection.
Many crib mattresses are GreenGuard
Certified, which is a UL-sponsored
standard intended to reduce the
emissions of volatile organic
compounds from products.12
Additionally, many full-size crib
mattresses are advertised online as
meeting the CPSC mattress and mattress
pad flammability requirements.13
If finalized, a mandatory rule for crib
mattresses will require third party
testing for conformance to the new crib
mattress rule, 16 CFR part 1241, and 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 11
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
10 See Staff’s NPR Briefing Package at Tab F for
additional information on the marketing and use of
crib mattresses.
11 November 2019 Statista estimates, Grand View
Research.
12 https://www.ul.com/resources/ul-greenguardcertification-program.
13 Review of manufacturers’ websites, product
labels, and materials.
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children in 2013.14 This represented
about 73 percent of the estimated 12.6
million total cribs owned by households
(i.e., about 3.4 million cribs were
owned, but not in use). Cribs, for the
purposes of the DNPES, included both
full-size and non-full-size cribs, which
are designed to be used with a crib
mattress; therefore, staff estimates at
least 9.2 million (full-size and non-fullsize) crib mattresses were in use in
2013.15 According to DNPES results, 84
percent of respondents indicated they
used a fitted sheet on the crib
mattresses, and 50 percent indicated
they used a mattress pad. Six percent of
respondents indicated that nothing was
placed under the child in the crib, other
than the intended mattress, indicating
that the crib mattress was used bare.
According to the same survey, an
estimated 5.8 million play yards were in
use in households with young children.
This represented about 54 percent of the
estimated 10.9 million total play yards
owned by households (i.e., about 5.1
million play yards were owned, but not
in use). Most play yards are designed to
be used with a play yard mattress;
therefore, staff estimates at least 5.8
million play yard mattresses were in use
in 2013. Twenty-five percent of
respondents indicated that nothing was
placed under the child in the play yard,
other than the intended mattress; 12
percent indicated they used a mattress
pad, but no respondents indicated that
they used a fitted sheet.
The DNPES did not cover child care
facilities. One childcare industry
group’s 2018 directory 16 lists more than
115,000 licensed childcare 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 721.17 Based on
the Commission’s contacts with
childcare and lodging facilities, crib,
play yard, and crib mattresses are
commonly used in such
establishments.18
III. Incident Data and Hazard
Patterns 19
Staff of CPSC’s Directorate for
Epidemiology, Division of Hazard
Analysis (EPHA), searched the
Consumer Product Safety Risk
Management System 20 (CPSRMS) and
the National Electronic Injury
Surveillance System (NEISS) for
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fatalities, incidents, and concerns
associated with crib mattresses, reported
to have occurred between January 1,
2010 and March 31, 2020.21 Staff
identified 21 NEISS cases associated
with a crib mattress. Because the data
did not meet the minimum criteria for
reporting an estimate,22 staff included
the 19 NEISS injuries and two NEISS
fatalities with the other reported
incident data for crib mattresses.
A. Incident Severity
The Commission is aware of 439
reports associated with a crib mattress.
Table 1 presents the severity of the
reported cases, in order of severity. Of
the 439 reports, 116 reports (26 percent)
involved a fatality; 15 reports (3
percent) required an infant to receive
treatment in an emergency room; and 4
reports (1 percent) required hospital
admission. Reports for 199 incidents (45
percent) describe incidents that resulted
in no injuries; and 16 reports (4 percent)
describe no actual incidents or injuries.
In the 199 incident reports with no
injuries reported, staff observed that,
generally, caregivers intervened once
they identified a problem with the crib
mattress, and the mattress was no longer
used after the caregiver identified the
hazard.
TABLE 1—REPORTS ASSOCIATED WITH CRIB MATTRESSES BY SEVERITY, JANUARY 1, 2010–MARCH 31, 2020
Number of
reports
Severity
%
Fatalities ...................................................................................................................................................................
Emergency Department Treatment Received .........................................................................................................
Hospital Admission ..................................................................................................................................................
Seen by Medical Professional .................................................................................................................................
First Aid Received by Non-Medical Professional ....................................................................................................
Level of care not known ..........................................................................................................................................
Incident, No Injury ....................................................................................................................................................
No First Aid or Medical Attention Received ............................................................................................................
No Incident, No Injury ..............................................................................................................................................
Unspecified ..............................................................................................................................................................
116
15
4
1
1
66
199
8
16
13
26
3
1
<1
<1
15
45
2
4
3
Total ..................................................................................................................................................................
439
100
Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.
14 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.
15 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., unsurveyed homes of older adults providing
care for grandchildren).
16 Child Care Centers estimate entire U.S. (2018,
April 27). http://childcarecener.us/.
17 U.S. Bureau of Labor Statistics, ‘‘Quarterly
Census of Employment and Wages,’’ April 2018.
http://www.bls.gov/iag/tgs/iag721.htm.
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18 Staff contacts included phone inquiries with
daycare and hotel establishments.
19 See Staff’s NPR Briefing Package at Tab A, for
additional information on staff’s review of crib
mattress incidents.
20 CPSRMS is the epidemiological database that
houses all anecdotal reports of incidents received
by CPSC, ‘‘external cause’’-based death certificates
purchased by CPSC, all in-depth investigations of
these anecdotal reports, as well as investigations of
select NEISS injuries. Examples of documents in
CPSRMS are: Hotline reports, internet reports, news
reports, medical examiner’s reports, death
certificates, retailer/manufacturer reports, and
documents sent by state/local authorities, among
others.
21 Some of the nonfatal reports described
concerns about potential hazards associated with a
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crib mattress, without an actual incident occurring.
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.
22 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.
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B. Hazard Categories for Fatal and
Nonfatal Reports
incidents and concerns associated with
crib mattresses that were reported to
have occurred between January 1, 2010
and March 31, 2020. Table 2 presents
The Commission is aware of 116
reported deaths and 323 nonfatal
hazard categories, which are further
defined in the Fatal Reports and
Reported Nonfatal Incidents and
Concerns sections below.
TABLE 2—FATAL AND NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY, JANUARY 1,
2010–MARCH 31, 2020
Fatal
reports
Hazard category
Nonfatal
reports
Total
reports
Chemical/Flammability .................................................................................................................
Coil or Spring ...............................................................................................................................
Crib Mattress Used in a Play Yard ..............................................................................................
Expand or Inflate .........................................................................................................................
Face in Mattress ..........................................................................................................................
Fit Issues .....................................................................................................................................
Found Prone ................................................................................................................................
Mattress Falls Apart .....................................................................................................................
Softness .......................................................................................................................................
Multiple Contributing Factors (MCF) ...........................................................................................
Other ............................................................................................................................................
0
0
2
0
13
20
66
0
0
15
0
23
124
1
6
1
88
3
18
36
17
6
23
124
3
6
14
108
69
18
36
32
6
Total ......................................................................................................................................
116
323
439
Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.
C. Fatal Reports
mattresses that were reported to have
occurred between January 1, 2010 and
The Commission is aware of 116
reported deaths associated with crib
March 31, 2020. Table 3 presents hazard
categories associated with fatalities.
TABLE 3—REPORTED FATALITIES ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY, JANUARY 1, 2010–
MARCH 31, 2020
Reported
deaths
Hazard category
%
Crib Mattress Used in a Play Yard ..........................................................................................................................
Face in Mattress ......................................................................................................................................................
Fit Issues .................................................................................................................................................................
Found Prone ............................................................................................................................................................
Multiple Contributing Factors (MCF) .......................................................................................................................
2
13
20
66
15
2
11
17
57
13
Total ..................................................................................................................................................................
116
100
Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.
1. Crib Mattress Used in a Play Yard:
Two percent of the fatalities involved
use of a crib mattress in a play yard (2
out of 116). 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: Eleven percent
(13 out of 116) 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, other than a sheet, was present
in the sleeping environment in some of
these reports, but the bedding was not
touching the infant, nor did staff
determine that the bedding was a
contributing factor in the death.
3. Fit Issues: Seventeen percent (20
out of 116) of fatalities involved issues
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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-seven percent
(66 out of 116) 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 did not determine that
bedding was a contributing factor in the
deaths.
5. Multiple Contributing Factors
(MCF): Thirteen percent (15 out of 116)
of fatalities involved multiple factors
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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.
CPSC staff identified the age and
gender of the infant in every reported
fatality. The oldest-aged children
associated with crib mattress fatalities
were: One 3-year-old, and two 2-yearold children. Staff observed
considerably more reported prone
fatalities between the ages of 1 month
and 5 months, and most of the deaths
in the fit, face in mattress, and MCF
hazard categories involved infants
between the ages of 1 month and 8
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months, compared to other ages. Of the
116 reported fatalities associated with
crib mattresses, 74 deaths (64 percent)
were male and 42 deaths (36 percent)
were female.
D. Nonfatal Reports and Concerns
The Commission is aware of 323
reported nonfatal incidents and
concerns associated with crib mattresses
67911
that were reported to have occurred
between January 1, 2010 and March 31,
2020. Table 4 presents the hazard
categories associated with nonfatal crib
mattress reports.
TABLE 4—NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY, JANUARY 1, 2010–MARCH
31, 2020
Nonfatal
reports
Hazard category
%
Chemical/Flammability .............................................................................................................................................
Coil or Spring ...........................................................................................................................................................
Crib Mattress Used in a Play Yard ..........................................................................................................................
Expand or Inflate .....................................................................................................................................................
Face in Mattress ......................................................................................................................................................
Fit Issues .................................................................................................................................................................
Found Prone ............................................................................................................................................................
Mattress Falls Apart .................................................................................................................................................
Softness ...................................................................................................................................................................
Multiple Contributing Factors (MCF) .......................................................................................................................
Other ........................................................................................................................................................................
23
124
1
6
1
88
3
18
36
17
6
7
38
<1
2
<1
27
1
6
11
5
2
Total ..................................................................................................................................................................
323
100
Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.
As shown in Table 4, 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.23
We describe the non-fatal incidents
associated with each identified hazard
category as follows:
1. Chemical/Flammability: Seven
percent (23 out of 323) of the nonfatal
incidents reported a crib mattress
having a chemical odor (5), causing
rashes (7), or not meeting mandatory
federal flammability standards (11).
Infants were reported to have suffered
from rashes and upper respiratory
issues.
2. Coil or Spring: Thirty-eight percent
(124 out of 323) of nonfatal incidents
involved a coil or spring found
protruding through the crib mattress. A
2-year-old received two stitches in the
hospital emergency department for a
laceration injury. Another 2-year-old
with a toe laceration was treated and
released from the hospital emergency
department.
3. Crib Mattress Used in a Play Yard:
Less than 1 percent (1 out of 323) of
nonfatal incidents involved an infant’s
back being scratched by protruding coils
or springs of a crib mattress being used
in a play yard.
4. Expand or Inflate: Two percent (6
out of 323) of nonfatal incidents
23 In the most recent 2 years, from January 2018
to March 2020, CPSC observed fewer nonfatal
reports of coil or spring issues associated with crib
mattresses, compared to years 2014 through 2017.
Eighty-nine percent (78 out of 88 nonfatal reports)
of nonfatal reports involving fit issues occurred
between 2010 and 2015.
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involved a crib mattress that failed to
expand or inflate properly. Staff
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 323) of nonfatal
incidents involved an infant found
limp, pale, and with blue around the
lips while face down in contact with a
crib mattress. Staff found no other
details about the sleep environment in
this incident. The 1-month-old infant
was admitted to the hospital.
6. Fit Issue: Twenty-seven percent (88
out of 323) of nonfatal incidents
involved issues with the fit of a crib
mattress in the sleeping environment. 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. A 3-month-old
went into cardiac arrest and was
admitted to the hospital after being
found between a crib mattress and a crib
frame. Six children between the ages of
6 months old and 2 years old, and a 10year-old with Rett syndrome,24 were
24 According to https://www.rettsyndrome.org,
‘‘Rett syndrome is a rare genetic neurological
disorder that occurs almost exclusively in girls and
leads to severe impairments, affecting nearly every
aspect of the child’s life: Their ability to speak,
walk, eat, and even breathe easily. The hallmark of
Rett syndrome is near-constant repetitive hand
movements. Rett syndrome is usually recognized in
children between 6 to 18 months as they begin to
miss developmental milestones or lose abilities they
had gained.’’
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treated and released from the hospital
emergency department due to
entrapment between a crib mattress and
crib rails, and sustaining injuries, such
as an arm or leg fracture, a mid-back
injury, a foot injury, lip hematoma, and
a nursemaid’s elbow.
7. Found Prone: One percent (3 out of
323) 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.
Among these three infants, an 8-monthold was admitted to the hospital after
being found breathing poorly; and two
infants received treatment in the
emergency department: A 4-month-old
was found breathing poorly, and a 1month-old was found not breathing,
while vomiting and choking.
8. Mattress Falls Apart: Six percent
(18 out of 323) of nonfatal incidents
involved part of a crib mattress coming
apart. In most of these reports, the
seams of the mattress unraveled,
creating: 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
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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 1 incident involved a 2year-old who was treated and released
from the hospital emergency department
due to ingesting plastic pieces of a crib
mattress.
9. Softness: Eleven percent (36 out of
323) of nonfatal incidents involved a
crib mattress inner cushioning that was
reportedly too soft. Staff found 17
reports of depressions or indentations in
the crib mattress, accompanied by the
following descriptions: ‘‘bunches up/
squishy,’’ ‘‘depression/dips/
indentation/sinks in/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. Three reports allege that a
crib mattress is too thin and that the
inner cushioning is too soft.
10. Multiple Contributing Factors
(MCF): Five percent (17 out of 323) of
nonfatal incidents involved multiple
factors that played a role, of which the
crib mattress was likely one factor. Staff
found that in 10 reports, an infant was
found wedged between a crib mattress
and the crib rail, while an arm, leg, or
foot was caught in between the slats of
the crib. Additionally, one infant in a
sleep sack was found face down while
reportedly attempting to turn over, and
another child was found face down in
a crib while having a seizure. Among
the most serious injuries reported were
two children who were treated and
released from the hospital emergency
department: A 5-month-old received a
leg fracture after becoming entrapped
under a crib mattress while also having
an arm caught between the slats of the
crib, and an 18-month-old was found
face down on a crib mattress while
having a seizure.
11. Other: Two percent (6 out of 323)
of nonfatal incidents involved
miscellaneous other issues associated
with a crib mattress. Reports in this
category include: 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 7-month-old
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infant who was ‘‘tangled in a crib
mattress’’ was admitted to the hospital
due to a leg fracture. The 9-month-old
who was ‘‘stuck on a crib mattress’’ was
treated and released from the hospital
emergency department due to a
nursemaid’s elbow.
E. Explanation of Hazards Associated
With Crib Mattress Use 25
After reviewing the incident data,
CPSC staff identified various mattressuse factors associated with deaths and
serious injuries related to sudden and
unexpected infant death (SUID),
including, but not limited to, prone
positioning of sleeping infants, soft
bedding added to sleep areas, and gaps/
pockets between mattresses and infant
product sides.26 27 28 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
‘‘ABC’s of safe sleep’’ (alone (no bed
sharing), back-sleeping, and crib
uncluttered),29 and ‘‘Safe Sleep/Bare is
Best.’’ 30 31 Health and safety advocates,
25 Staff’s NPR Briefing Package at Tabs C and E
contain more detailed analysis of incidents and
hazards associated with crib mattress use.
26 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%2F
www.cdc.gov%2Fsids%2FAboutSUIDandSIDS.htm;
accessed July 20, 2020.
27 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.
28 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.
29 See https://www.aappublications.org/news/
2016/10/24/SIDS102416; accessed May 7, 2020.
30 See https://www.cpsc.gov/Safety-Education/
Neighborhood-Safety-Network/Posters/Safe-Sleepfor-Babies; accessed May 6, 2020.
31 See https://www.cpsc.gov/safety-education/
safety-guides/kids-and-babies-cribs/safe-sleepbarebest and https://www.nationwidechildrens.org/
family-resources-education/health-wellness-andsafety-resources/helping-hands/safe-sleeppractices-for-babies; accessed May 11, 2020.
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including the AAP, CDC,32 CPSC, and
Kids in Danger (KID) 33 support these
efforts.
To make infant sleep environments
more comfortable, caregivers commonly
use soft bedding and after-market
mattresses, instead of, or in addition to,
an OEM mattress. Infants can maneuver
themselves into vulnerable positions in
a sleep environment, from which they
cannot free themselves:
Infants in the age range associated with
fatal incidents, i.e., between 2 and 6 months,
develop new skills, such as rolling over and
crawling, in stages. According to Bayley
(1969), several developmental milestones
occur within the first 6 months of life; some
notable motor skills typically achieved are
turning from side to back (average age: 1.8
months old), turning from back to side
(average age: 4.4 months old), and turning
from back to stomach (average age: 6.4
months old). Children as young as 8 to 12
weeks are likely to move around a play yard,
including moving to the edge and possibly
moving into vulnerable situations. However,
children may not be able to remove
themselves by reversing their actions because
they may not have developed the skill.34
Infants can become trapped in a gap
between a crib mattress and the side
wall(s) of their sleep environment, with
their nose and mouth pressed against
the mattress or side wall, experiencing
compromised airflow. Gap entrapment
is a hazard associated with ill-fitting
mattresses in full-size cribs, play yards,
and non-full-size cribs. To minimize the
risk for entrapment in a gap, a full-size
crib and full-size crib mattress that meet
the applicable standards would allow a
maximum side gap of 13⁄8 inches.35
Given non-flexible sides and infant head
dimensions,36 requirements in these
32 See https://www.cdc.gov/vitalsigns/safesleep/
index.html; accessed May 2, 2020.
33 See https://kidsindanger.org/protect-yourchild/sleep/; accessed May 6, 2020.
34 See page 5, https://www.cpsc.gov/s3fs-public/
Petition%20CP%2015-2%20-%20Petition
%20Requesting%20Ban%20on%Supplemental%
20Mattress%20for%20Play%20Yards%
20with%20Non-Rigid%20Sides%20-%
20May%2010%20217_3.pdf; accessed September
14, 2020.
35 Per 16 CFR part 1219, and by reference ASTM
F1169–19, a full-size crib must have interior
dimensions of 28 ± 5⁄8 inches wide by 523⁄8 ± 5⁄8
inches long. Per the existing voluntary standard for
crib mattresses, ASTM F2933–19, a full-size crib
mattress shall measure at least 271⁄4 inches wide by
515⁄8 inches long by 6 inches thick.
36 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 33⁄10 inches, which is
more than twice as wide as the maximum allowable
side gap between full-size cribs and full-size crib
mattresses. ESHF staff selected head ‘‘breadth,’’ as
opposed to length or height, to err on the side of
caution, as head breadth is the smallest of these
three head dimensions that could cause a fatal
entrapment. Similarly, staff selected the 5th
percentile measurement for 0-to-3-month-old
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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.37 Still, incidents of gap
entrapment involving these products
continue to occur, including when the
full-size crib and non-compressed fullsize crib mattress measure the
appropriate dimensions. For example,
gaps involving full-size crib mattresses
can develop if the mattresses are too
soft, such as when the mattress is
compressed by mattress sheets.
Gaps between the infant’s mattress
and sleep product sides are especially
hazardous when after-market mattresses
with thicker depth dimensions than the
OEM mattress are used in products with
flexible (e.g., mesh or fabric) sides, such
as play yards and non-rigid-sided
portable cribs. The side walls of these
products typically expand more towards
the center of the side wall, and,
consequently, as the thickness of
mattresses used in these products
increases, the risk of gap entrapment
often increases as well.
F. Product Recalls 38
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.
67913
IV. International Standards for Crib
Mattresses 39
The Commission is aware of two
international voluntary standards
pertaining to crib mattresses: 40
• BS EN 16890:2017—Children’s
Furniture—Mattresses for cots and
cribs—Safety requirements and test
methods (BS EN 16890); and
• Australian/New Zealand Standard
8811.1:2013—Methods of testing infant
products (AS/NZS 8811.1).
Table 5 compares each of these
international standards to ASTM
F2933–19 to assess how each standard
addresses the identified hazard patterns
and other common hazards. Tab B of
Staff’s NPR Briefing Package contains a
more detailed analysis of the
comparison, and how each standard
addresses the hazard patterns described
in Table 5.
TABLE 5—COMPARISON OF CRIB MATTRESS VOLUNTARY STANDARDS BY HAZARD PATTERN
Hazard pattern
Chemical Hazards
Coil or Spring .........
Crib Mattress Used
in a Play Yard.
Expand or Inflate ...
Face in Mattress ....
Fit Issues ...............
Found Prone ..........
Mattress Falls Apart
Softness .................
ASTM F2933
AS/NZS 8811.1
EN 16890
Comments
16 CFR part 1303 Ban of Lead-Containing Paint, 16 CFR part 1500
Hazardous Substances Act Regulations.
Prohibition of sharp points ...................
Not addressed ......
Provision for specific controlled toxic
substances.
ASTM is adequate to address US incident data.
Not addressed ......
Prohibition of sharp points ...................
Labeling requirements, requirements Not addressed ......
for after-market mattresses and required testing to ASTM F406 mattress requirements.
Dimensional
conformity,
mattress Not addressed ......
thickness, and labeling requirements.
Labeling requirements ......................... Firmness test ........
Labeling requirements .........................
NPR proposes addition of cyclic testing.
ASTM more stringent.
Dimensional conformity, labeling requirements.
Firmness test .......................................
Dimensional conformity and after-market mattress requirements.
Labeling requirements .........................
Dimensional conformity, conical probe
test, cyclic test.
Firmness test .......................................
Mattress seam stitching requirement
and small parts prohibition.
Not addressed ......................................
Not addressed ......
Firmness test ........
Not addressed ......
Firmness test ........
Mattress seam stitching requirement
and small parts prohibition.
Firmness test .......................................
Multiple Contributing Factors
(MCF).
Small Parts ............
General requirements and instructional
literature.
Not addressed ......
General requirements and instructional
literature.
Prohibited per 16 CFR part 1501 ........
Not addressed ......
Same as ASTM ....................................
Sharp Points/Edges
Prohibited per 16 CFR 1500 ................
Not addressed ......
Flammability ...........
Prohibited per 16 CFR 1632 and 1633
Not addressed ......
Small Openings .....
Openings between 0.210″ and 0.375″
prohibited.
Not addressed ......
Prohibited but no performance requirements.
Must comply with EN 71–2:2011 and
EN 597–1.
Not addressed ......................................
infants to reduce the likelihood of death or serious
injury to those most vulnerable to the identified
hazards.
37 See https://www.cpsc.gov/Business-Manufacturing/Business-Education/Business-
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Guidance/Full-Size-Baby-Cribs/, accessed May 1,
2020.
38 See Staff’s NPR Briefing Package at Tab D.
39 See Staff’s NPR Briefing Package at Tab B.
40 The Commission is also aware of a draft,
unpublished, standard, ISO 23767 Children’s
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ASTM more stringent.
NPR proposes mattress firmness test
based on sections 6 and 8 of AS/
NZS 8811.1 firmness test, in addition to label requirements in ASTM
F2933–19.
NPR proposes fitted sheet compression test.
NPR proposes mattress firmness test
based on sections 6 and 8 of AS/
NZS 8811.1 firmness test, in addition to label requirements in ASTM
F2933–19.
ASTM more stringent.
NPR proposes mattress firmness test
based on sections 6 and 8 of AS/
NZS 8811.1 firmness test.
ASTM General Requirements are adequate but safety info is inadequate.
ASTM is adequate to address U.S. incident data.
ASTM is more stringent.
ASTM is adequate to address U.S. incident data.
ASTM is adequate and more stringent.
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.
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TABLE 5—COMPARISON OF CRIB MATTRESS VOLUNTARY STANDARDS BY HAZARD PATTERN—Continued
ASTM F2933
AS/NZS 8811.1
EN 16890
Comments
Label Permanency
Hazard pattern
Must not detach with <15-lb. pull force
Not addressed ......
ASTM is adequate and more stringent.
Dimensional Conformity.
Entanglement .........
Must be at least 27.25″ x 51.625″ during application of forces.
All accessible stitching must be lock
stitching.
All accessible stitching must be lock
stitching.
Mattresses shall have same thickness,
floor support structure and attachment method as the mattress it is intended to replace.
Warning labels required, instructions
not required.
Not addressed ......
Must not detach after 30 attempts to
remove with feeler gauge.
Must be within 10 mm of nominal dimensions.
Maximum free length of 220 mm .........
Seam Stitching .......
After-Market Mattresses.
Warning Labels/Instructions.
With the exception of mattress
firmness, the Commission concludes
that ASTM F2933–19 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 F2933–19 is more
comprehensive because it also addresses
non-full-size crib mattresses and aftermarket mattresses for play yards and
non-full-size cribs. Furthermore, the
Commission notes that ASTM F2933–19
was developed through collaboration
between CPSC staff and stakeholders,
and has been revised three times in the
attempt to address incident data
provided by CPSC staff. Therefore, the
Commission concludes that ASTM
F2933–19, 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 41
A. History of ASTM F2933
The ASTM Committee F15 on
Consumer Products first published the
voluntary standard for crib mattresses in
2013, as ASTM F2933–13, Standard
Consumer Safety Specification for Crib
Mattresses. The first publication
established requirements for the
standard and addressed the following
issues:
• Sharp points and sharp edges,42
• Small parts,
• Lead and other toxic substances in
paints,
• Finger entrapment,
41 See Staff’s NPR Briefing Package at Tab B for
additional information about the history and
performance requirements in ASTM F2933–19.
42 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.
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Not addressed ......
Not addressed ......
Not addressed ......
Not addressed ......
Seams must not be penetrated >6 mm
with 12 mm diameter probe.
Not addressed ......................................
Instructions required/warning labels do
not address as many hazards.
• Mattress dimension conformity,
• Mattress thickness, and
• Marking and labeling.
Since 2013, ASTM has revised and
updated the voluntary standard three
times to address safety issues, as
outlined below:
ASTM F2933–16 (approved 12/1/
2016):
• Revised warning label permanency
requirements in 5.6.1, to include
requirement that ‘‘[n]on-coated paper
warning label shall not be applied on
either side of sleeping surface.’’ Added
a note under this section, stating that
non-coated paper label may absorb
water and can deteriorate.
ASTM F2933–18 (approved 8/15/
2018):
• Revised scope to include a new
section 1.5, stating the standard was
developed in accordance with
internationally recognized principles on
standardization.
• Added definition of ‘‘after-market
mattress for play yard or non-full-size
crib,’’ to section 3, Terminology.
• Added a new requirement for aftermarket mattresses for play yards and
non-full-size crib mattresses in section
5, General Requirements, stating that
after-market mattresses for soft-sided
and non-rectangular, rigid-sided
products shall have the same thickness,
floor support structure, and attachment
method as the mattress it is intended to
replace and shall meet the specifications
of Mattress Vertical Displacement test
from ASTM F406–19, Standard
Consumer Safety Specification for NonFull-Size Baby Cribs/Play Yards.
• Added additional marking and
labeling requirements for after-market
mattresses in sections 7.5 through 7.7.
To comply with these sections, aftermarket mattresses and their retail
packaging shall include specified
suffocation warning language related to
hazardous gaps and stacked mattresses.
Sections 7.5 and 7.6 have additional
requirements that distinguish between
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ASTM is adequate and more stringent.
ASTM is adequate to address U.S. incident data.
ASTM is adequate and more stringent.
ASTM is more stringent; NPR proposes to extend dimension requirements in 5.7.2 to all after-market
non-full-size crib mattresses.
ASTM is inadequate. See human factors assessment in Tab C of Staff’s
NPR Briefing Package.
types of products. Section 7.5 has
requirements specific to mesh/fabricsided and rigid-sided, non-rectangular
products, including as follows: Aftermarket mattresses shall have all the
warnings that the original manufacturer
had and provide instructions that are on
the original mattress, and both the aftermarket mattress and the retail packaging
shall identify the brand and model
numbers of products in which it is
intended to be used. Section 7.6
contains requirements specific to rigid
sided rectangular products including as
follows: After-market mattresses and
their retail packaging shall have a
specified statement regarding mattress
dimensions and fit.
ASTM F2933–19 (approved 6/15/
2019):
• Added a new requirement for
mattress seam stitching in section 5,
General Requirements, requiring that all
seam stitching that is accessible to the
occupant be lock stitching.
B. Description of Performance
Requirements in ASTM F2933–19
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
F2933–19 contains the following four
additional requirements that apply
specifically to mattresses for cribs, nonfull-size-cribs, and to after-market
mattresses for non-full-size cribs and
play yards:
• § 5.7 Mattress Dimensions:
Describes the dimensional requirements
for full-size mattresses and OEM nonfull-size crib mattresses, to prevent an
infant from becoming wedged in a gap
caused by a too small crib mattress. To
ensure 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
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box with a force prescribed in the test
method.
• § 5.7.2.2 Mattress Thickness:
Applies to OEM non-full-size crib
mattresses, to prevent occupants from
falling out of the product. The
requirement states that a mattress
supplied with a non-full-size crib shall
have a thickness that will provide a
minimum effective crib-side height
dimension of at least 20 inches when
the crib side is in its highest adjustable
position and the mattress support is in
its lowest adjustable position.
Additionally, the mattress shall have a
thickness that will provide a minimum
effective crib-side height dimension of
at least 3 inches when the crib side is
in its lowest adjustable position, and the
mattress support is in its highest
adjustable position.
• § 5.8 Mattress Seam Stitching:
Applies to all crib mattresses within the
scope of the standard, and requires that
all seam stitching that is accessible to
the occupant be lock stitching to
prevent accessible stitching from
becoming loose and creating a small
part or strangulation hazard.
• § 5.9 After-Market Mattress for
Play Yards and Non-Full-Size Cribs:
Applies to after-market mattresses for
play yards and non-full-size cribs, and
requires that mesh/fabric sided
products, and rigid sided nonrectangular products, must have the
same thickness, floor support structure,
and attachment method as the mattress
it is intended to replace. Accordingly,
after-market mattresses for play yards
and non-rectangular rigid sided
products must be identical to the OEM
mattress.43 After-market mattresses
must also meet the Mattress Vertical
Displacement test in ASTM F406.44
Finally, section 5.9.1.3 requires
‘‘replacement’’ mattresses intended to
be used in the bassinet of a play yard
with a bassinet attachment to meet the
requirements of ASTM F2194, when
tested with each brand and model the
mattress is intended to replace.
VI. Assessment of the Voluntary
Standard ASTM F2933–19
A. Adequacy of Performance
Requirements 45
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
67915
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 of Staff’s
NPR Briefing Package, respectively, the
requirements in the current voluntary
standard, ASTM F2933–19, 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 F2933–19 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, found prone, and softness. The
warning labeling for factors within
multiple contributing factors (such as,
face in mattress, found prone, and
softness) are also inadequate.
Accordingly, the Commission proposes
additional requirements in the NPR to
make the standard more stringent, to
further reduce the risks of death and
injury from these hazard patterns. Table
6 summarizes CPSC’s assessment of the
adequacy of ASTM F2933–19 to address
the identified hazard patterns.
TABLE 6—ADEQUACY OF ASTM F2933–19 IN ADDRESSING IDENTIFIED HAZARD PATTERNS
Identified hazard pattern
(potential injury)
Applicable mattresses
How addressed in ASTM F2933–19
Adequacy
Comments
Chemical/Flammability Hazards (odors,
rash).
All ..........................
Adequate ..............
Staff’s NPR Briefing Package (SBP)
Tab B.
Coil or Spring (laceration) .....................
Coil or spring mattresses (primarily
full-size).
16 CFR part 1303—Lead-Containing
Paint; 16 CFR part 1500—Hazardous Substances Act Regulations
(Sections 5.1 and 5.4); 16 CFR part
1632—Flammability of Mattresses
and Mattress Pads; 16 CFR part
1633—Flammability (Open Flame)
of Mattress Sets.
Prohibition of sharp points (Section
5.2).
Inadequate ............
Crib Mattress Used in a Play Yard (suffocation due to ill-fitting mattress).
Aftermarket play
yard mattresses.
Adequate ..............
Expand or Inflate (suffocation due to illfitting mattress that does not expand
or inflate properly).
Foam products,
typically full-size
and shipped as
‘‘bed in a box’’.
All ..........................
Labeling requirements, requirements
for after-market mattresses. Testing
requirements
harmonized
with
ASTM F406. (Section 7.5).
Dimensional
conformity,
mattress
thickness, and labeling requirements
(Section 5.7).
Propose additional cyclic testing to
identify potential for springs to break
through surface during foreseeable
use and misuse. SBP Tab B.
SBP Tabs B & C.
Adequate ..............
SBP Tab B.
Labeling requirements (Section 7.3) ....
Inadequate ............
Dimensional conformity and after-market mattress requirements (Sections
5.7 and 5.9).
Inadequate ............
NPR proposes a test based on sections 6 and 8 of AS/NZS 8811.1
firmness test. SBP Tabs B & C.
NPR proposes additional fitted sheet
compression test for full-size crib
mattresses and extending dimensional requirements in section 5.7 to
all after-market, non-full-size crib
mattresses. SBP Tab B.
Face in Mattress (suffocation) ..............
Fit Issues (suffocation due to ill-fitting
mattress).
All ..........................
43 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,
Standard Consumer Safety Specification for NonFull-Size Baby Cribs/Play Yards (ASTM F406).
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44 The purpose of requiring after-market
mattresses to be identical to OEM mattresses is to
reduce the risk of infant entrapment and suffocation
associated with after-market mattresses that are too
thick, or that do not fit correctly or attach to a play
yard or non-full-size crib. ASTM developed this
requirement in collaboration with CPSC staff and
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the ASTM Play Yard Vertical Displacement Task
Group and the Play Yard Mattress Fit and
Thickness Task Group.
45 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.
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TABLE 6—ADEQUACY OF ASTM F2933–19 IN ADDRESSING IDENTIFIED HAZARD PATTERNS—Continued
Identified hazard pattern
(potential injury)
Applicable mattresses
How addressed in ASTM F2933–19
Adequacy
Comments
Found Prone (suffocation due to prone
position).
All ..........................
Labeling requirements (Section 7.3) ....
Inadequate ............
Mattress Falls Apart (choking/ingestion)
All ..........................
Adequate ..............
Softness (suffocation due to soft surface).
All ..........................
Mattress seam stitching requirement
and small parts prohibition (Sections
5.3 and 5.8).
Not addressed ......................................
Propose additional mattress firmness
test based on sections 6 and 8 of
AS/NZS 8811.1 and strengthening
warning label requirements. SBP
Tabs B & C.
SBP Tab B.
Multiple Contributing Factors (MCFs,
e.g., entrapment in bumper pads,
limb entrapment, crib sharing with
another infant, existing health condition).
All ..........................
General requirements and warning labels (Sections 5.7 and 7.3).
Inadequate ............
1. Coil or Spring Lacerations
Laceration hazards due to an exposed
coil or spring accounted for 124 of the
440 incident reports (38% of nonfatal
incidents). Currently, ASTM F2933–19
does not address this hazard. A cyclic
test could address this hazard, by
loading and unloading any mattress that
contains coils or springs for a set
number of cycles, to exercise metal coil
springs and identify springs that cannot
withstand normal use without breaking,
or that may otherwise break the surface
of the mattress.
In July 2018, the ASTM Crib Mattress
Cyclic Testing task group discussed a
cyclic impact test based on the Mattress
Support Vertical Impact Test from
section 7.4 of ASTM F1169–19 (the
standard for full-size cribs). At the
F15.66 Crib Mattress subcommittee
meeting held in October 2018, the
subcommittee discussed both the
Mattress Support Vertical Impact Test
and the Mattress Durability Roller
Testing for spring/coil mattresses, based
on ASTM F1566, Standard Test
Methods for Evaluation of Innersprings,
Boxsprings, Mattresses or Mattress Sets,
section 7, as possible cycle loading tests.
In the following months, CPSC staff and
other members of the Crib Mattress
Cyclic Testing task group performed
variations of the Mattress Support
Vertical Impact Test to determine a test
that would be most applicable to crib
mattresses with coil springs.
On April 29, 2019, CPSC staff sent a
letter to the subcommittee chair in
response to ballot F15 (19–04), stating
staff’s initial test results. In the task
group meeting in July 2019, staff and
one manufacturer discussed the results
of their continued testing and refined
the requirements. The task group
focused testing on the Mattress Support
Vertical Impact Test because this test
uses the same equipment employed in
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Inadequate ............
full-size crib testing. After replicating
the full-size crib impact test (45 pounds
dropped 750 times), staff assessed that
the test was too onerous. During task
group discussions, consensus was to
lower the weight to 30 pounds and
increase the number of cycles to 1,000.
ASTM has not held additional task
group meetings or issued ballots on this
issue since the July 2019 task group
meeting. The Commission’s proposed
requirement in the NPR to address coils
and springs is based on the last work of
the task group, and the test requires a
30-pound impactor drop, similar to the
full-size crib standard, on a mattress in
four specified locations for a total of
1000 impacts. Tab B of Staff’s NPR
Briefing Package provides additional
details of staff’s work to address coil
and spring lacerations and the proposed
cyclic test.
2. Fit Issues
Fit issues are associated with 108 of
439 incidents; 20 were fatal, and 88
were nonfatal. In these reports, gaps
between the crib mattress and the crib
rail or play yard mesh, on one or more
areas around the perimeter of a crib
mattress, created a wedging or
entrapment hazard. Reports of
mattresses that fail to expand, compress,
or buckle, indicate the potential to form
hazardous gaps between the corner of a
crib and the corner of the mattress. This
hazard can arise when a fitted sheet is
placed on the mattress, creating large
corner gaps that could lead to
entrapment. Fit issues can also occur
when a mattress is not dimensionally
appropriate for use with a specific crib.
a. Mattress Compression With Fitted
Sheet
ASTM F2933–19 contains a mattress
dimensional conformity test intended to
address hazardous gaps between the
edge of a crib and the mattress.
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Propose additional mattress firmness
test based on sections 6 and 8 of
AS/NZS 8811.1 firmness test. SBP
Tab B.
Some MCFs addressed by proposed
additional requirements, while others
are related to another product use
or other factor out of the scope of
the crib mattresses standard.
However, staff testing found that tightfitting sheets over crib mattresses can
create gaps between the corners of the
mattress and the interior corner of the
crib, creating an entrapment hazard.
ASTM F2933–19 does not adequately
addresses this mattress compression
issue that creates an entrapment hazard
between a full-size crib mattress and the
side or corner of a full-size crib.
For further examination, staff
obtained 11 full-size crib mattresses and
eight 100 percent cotton full-size crib
mattress sheets to investigate this
reported hazard pattern. Staff washed
four sets of sheets twice in hot water
then dried them at the highest
temperature setting; staff did not wash
the remaining four sheet sets. Staff
measured the length and width of two
corner seams of the eight mattress sheets
with the corner seams straightened.
Staff measured length and width by
holding the innermost ends of two
adjacent corner seams, separating them
until a straight edge was formed, and
measuring the straight edge.
Staff set aside for mattress testing the
smallest sheet of each group, as
determined by the smallest length and
width dimensions. The sheets were then
fitted on the mattresses to determine the
change in dimensions and whether any
potentially hazardous gaps were
created. Staff shared the test results,
detailed in Tab B of Staff’s NPR Briefing
Package, with the subcommittee chair
on March 20, 2020, but no ASTM
subcommittee or task group meetings for
crib mattresses have occurred since
then, due to the COVID–19 pandemic.
To strengthen the standard, the
Commission proposes in the NPR to add
a test for full-size mattresses to assess
compression and fit issues caused by a
tight-fitting sheet. This additional test
may also help with complaints around
mattresses inflating or expanding,
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because the proposed test would repeat
the dimensional conformity test.
b. Dimension Requirements for AfterMarket Non-Full-Size Crib Mattresses
ASTM F2933–19 addresses
dimensional requirements for non-fullsize crib mattresses in two places:
Section 5.7, which addresses mattresses
67917
ASTM F2933–19, because size
requirements prevent hazardous gaps
from forming between the edge of a
mattress and the side of the crib, where
infants can become entrapped and
suffocate. Table 7 presents the types of
crib mattresses covered by ASTM F2933
and the current dimensional
requirements for each mattress type.
‘‘supplied with’’ a non-full-size crib
(OEM mattresses), and section 5.9,
which addresses after-market mattresses
for non-full-size cribs (mattresses
purchased separately from a crib, which
are not intended by the OEM as a
replacement mattress). Dimensional
requirements for non-full-size crib
mattresses are a key requirement in
TABLE 7—CURRENT PERFORMANCE REQUIREMENTS FOR CRIB MATTRESS DIMENSIONS
Full-Size ..............................
Play Yards ..........................
Rectangular NFS ................
Non-Rectangular NFS ........
All ........................................
Original * .............................
After-market ........................
Original * .............................
After-market ........................
Original * .............................
After-market ........................
ASTM
F2933–19
16 CFR 1221
ASTM F406
16 CFR 1220
ASTM F406
ASTM
F2933–19
ASTM
F2933–19
Crib
mattresses
Play
yards
Non-full-size
cribs
Crib
mattresses
Crib
mattresses
5.7.1.1
5.16.2
5.17
5.7.2
5.9.1
X
........................
........................
X
........................
........................
........................
........................
........................
X **
........................
........................
X
X
........................
........................
........................
X
X
X*
* Includes ‘‘replacement mattresses,’’ which are assumed to be sold by an original equipment manufacturer (OEM) and equivalent in dimension
and specification to the original mattress (see ASTM F2933–19 section 3.1.1.1).
** After-market play yard mattresses that are also used in a bassinet attachment to that play yard must also meet ASTM F2194, for bassinets.
Table 7 demonstrates a gap in the
dimensional requirements for aftermarket, rectangular-shaped, non-fullsize crib mattresses in section 5.9 ASTM
F2933–19 (shaded), which does not
appear to have a performance
requirement for mattress dimension.
The Commission proposes in the NPR to
address this gap by expanding the nonfull-size crib mattress requirements in
5.7.2, which currently only apply to
OEM mattresses, to apply to all non-fullsize crib mattresses.
Although the after-market
requirements in section 5.9 are
purportedly intended to apply to ‘‘Aftermarket mattress for play yard and nonfull size crib,’’ the requirements in
section 5.9.1 are limited to ‘‘mesh/fabric
sided products’’ (meaning play yards)
and ‘‘rigid sided non-rectangular
products’’ (meaning non-rectangular
non-full-size cribs). Because section 5.7
of ASTM F2933–19 only applies to OEM
mattresses, no performance
requirements in the standard apply to
after-market, rectangular-shaped, nonfull-size crib mattresses. CPSC staff
reviewed the rationales for changes to
the after-market requirements for crib
mattresses in the ASTM standards, and
notes that the ASTM intentionally
limited performance requirements in
section 5.9.1 by omitting rectangular
mattresses for rigid-sided products (i.e.,
rectangular non-full-size cribs). Staff
reviewed ASTM minutes and ballot F15
(17–02), which implemented this
requirement in F2933; however, staff
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could not determine the rationale for
limiting the requirements to only nonrectangular products.
Although ASTM F2933–19 contains
no dimension requirements for aftermarket, rectangular-shaped, non-fullsize crib mattresses, the standard does
contain warning requirements
pertaining to the size of after-market
mattresses for rectangular non-full-size
cribs. Staff’s NPR Briefing Package
details these warnings requirements in
section 7 of ASTM F2933–19. Generally,
solely relying on a warning label puts
the onus on the consumer to read,
understand, and follow the direction to
only use an OEM mattress. CPSC staff
concluded that warnings alone are
insufficient to address the hazards
associated with ill-fitting, after-market,
non-full-size crib mattresses.
3. Found Prone, Face Into Mattress, and
Softness
CPSC staff separated the hazard
patterns for found prone, face into
mattress, and softness in the incident
review, as reflected in Table 6.
However, due to available details in
each incident, CPSC staff considers
these hazard patterns to be related.
Accordingly, the Commission’s
proposed modifications in the NPR
related to each of these hazard patterns
may address incidents associated with
all three hazard patterns.
Staff found that in 57 percent (66 out
of 116) of the reported fatalities and
three reported nonfatal incidents (1%),
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the infant was found in a prone position
(face down) with no mention of whether
the face of the child was in contact with
the crib mattress or crib sheet, and no
mention of whether the face was
obstructed by other crib bedding or
other items in the sleep environment.
However, in 11 percent (13 out of 116)
of fatalities, when discovered, the child
was found prone and the report
specifically indicated the face of the
child was in contact with a crib mattress
or crib sheet covering the crib mattress.
Based on the available information
about each fatality, staff found that some
reports indicate that bedding was
present in the sleeping environment, but
bedding was not touching the infant or
did not appear to be a contributing
factor in the death. Additionally, staff
found that in 11 percent (36 out of 323)
of the nonfatal incidents, the report
stated that a crib mattress inner
cushioning was too soft. Although these
incidents did not involve a fatality, soft
bedding, such as pillows and
comforters, is associated with infant
fatalities, and staff deduces that an
excessively soft mattress (i.e., one that
may mold around or otherwise occlude
an infant’s airway), such as mattresses
made of memory foam,46 could present
the same hazard.
Pillows, and other soft, pillow-like
objects can pose a suffocation hazard to
46 Memory foam is a viscoelastic-foam product
that is sensitive to pressure and temperature and
intended to conform to the body.
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infants by conforming to the face and
blocking the nose and mouth. A crib
mattress must be sufficiently firm to
prevent a child’s nose and mouth from
being obstructed by a mattress that is
too soft and pillow-like. Prone
positioning is a known risk factor for
SUID, and may be related to limited
physical and developmental capabilities
of infants, who may not arouse
themselves in a low-oxygen situation.
Suffocation-type asphyxial deaths (e.g.,
smothering) involve occlusion of
airways and can occur when an infant
is placed to sleep or rolls into a prone
position on a surface capable of
conforming to the body or face of an
infant, such that the mouth and nose are
physically blocked, preventing air
passage. Moreover, published guidance
from the American Academy of
Pediatrics (AAP) states: ‘‘A soft sleeping
surface (e.g., memory foam) can increase
the risk of rebreathing or suffocation’’ 47;
and ‘‘Soft mattresses, including those
made from memory foam, could create
a pocket (or indentation) and increase
the chance of rebreathing or suffocation
if the infant is placed in or rolls over to
the prone position.’’ 48 Tab E of Staff’s
NPR Briefing Package contains
additional information about the
suffocation hazard.
Other than through warnings, ASTM
F2933–19 does not address mattress
firmness or softness hazards potentially
related to prone and face into mattress
incidents. ASTM F2933–19 contains
warning requirements regarding prone
positioning; however, based on CPSC
staff’s analysis, warnings alone are
inadequate to address the suffocation
hazard. The Commission proposes in
the NPR a performance requirement to
measure mattress firmness, to address
some prone-positioning deaths 49—in
which it was not clear that that face was
in the mattress. In a letter to the ASTM
subcommittee chair for crib mattresses,
dated December 11, 2019, staff
recommended that the subcommittee
continue their previous work on
mattress firmness. The firmness task
group met on January 8, 2020, to discuss
this recommendation. In a task group
meeting held on February 13, 2020, staff
verbally shared the results of staff’s
testing to AS/NZS 8811.1:2013 and a
47 https://www.aafp.org/afp/2017/0615/
p806.html.
48 https://pediatrics.aappublications.org/content/
138/5/e20162938#ref-19.
49 Many factors contribute to prone positioning
deaths, and suffocation face down in a soft mattress
is just one possible factor. Staff could not
definitively associate soft mattresses with specific
incidents. However, staff did not associate incidents
with firm mattresses, and staff is aware of deaths
associated with other products with conforming
surfaces (e.g., pillows, blankets).
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draft test method in ISO/CD 23767,
although most members had yet to
perform any testing. Staff also shared
testing results in a letter to the
subcommittee and task group chair on
March 20, 2020. The task group planned
to discuss CPSC testing results at the
April subcommittee meeting, which was
canceled due to the COVID–19
pandemic. CPSC staff’s testing, detailed
in Tab B of Staff’s NPR Briefing Package,
found few failures with either test
method, based on 11 sample mattresses
available from big box retail stores.
After evaluating the hazards
associated with soft surfaces, the
Commission proposes in the NPR
additional performance requirements to
make the standard more stringent, to
further reduce the risk of death and
injury associated with mattresses that
are too soft and have the ability to
conform to an infant’s face. Although
the warning label change and the
firmness test will not make prone
sleeping safe, they may help to reduce
the instances in which an infant
maneuvers into a prone position with its
face in the mattress that could have been
mitigated with a firmer surface. CPSC
staff determined that the AS/NZS
8811.1:2103 is more repeatable and
more stringent than the draft test in ISO/
CD 23767. Accordingly, the Commission
proposes a mattress firmness test in the
NPR for all crib mattresses within the
scope of the standard that is based on
sections 6 and 8 of AS/NZS
8811.1:2013.50 Tab B of Staff’s NPR
Briefing Package contains additional
details regarding staff’s testing of
mattress firmness and the rationale for
recommending the addition of the
performance test based on AS/NZS
8811.1:2013.
B. Adequacy of Marking, Labeling, and
Instructions 51
Universally, labeling experts view
warning about a hazard as less effective
at addressing hazards than either
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
50 Staff also used a test based on AS/NZS
8811.1:2013 to address a smothering-type
suffocation hazard presented by crib bumpers
separating from the crib or otherwise protruding
into the sleep area and getting underneath an infant.
In these situations, the crib bumper behaves like a
quilt or soft bedding that is able to conform to, and
occlude, airway openings. Extending the
requirement to the mattress will similarly reduce
the risk of suffocation posed by soft depressions or
indentations in crib mattresses.
51 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.
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design-based approaches because the
effectiveness 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: 52
• A description of the hazard;
• information about the consequences
of exposure to the hazard; and
• instructions regarding appropriate
hazard-avoidance behaviors.
Section 7 of ASTM F2933–19
specifies requirements for marking and
labeling for full-size crib mattresses,
non-full-size crib mattresses, and aftermarket mattresses for play yards and
non-full-size cribs. Based on CPSC
staff’s examination of literature,
incident data, and consumer feedback,
the crib mattress warnings specified in
ASTM F2933–19 do not adequately
address these warning elements
regarding the identified hazards. While
there are warnings pertaining to infant
positioning, soft bedding, and gap
entrapment, the wording and formatting
of the warning message needs to be
improved to communicate the hazards
effectively. Below we summarize the
relevant warnings in ASTM F2933–19
and the Commission’s concerns with the
warnings.
1. Warnings Regarding Infant
Positioning
Regarding positioning babies on their
backs to sleep, ASTM F2933–19
requires the following warning:
Failure to follow these warnings could
result in serious injury or death. To prevent
deaths, the U.S. Consumer Product Safety
Commission (CPSC), the American Academy
of Pediatrics (AAP), and the National
Institute of Child Health and Human
Development (NICHD) recommend the
following:
To reduce the risk of Sudden Infant Death
Syndrome (SIDS) and suffocation,
pediatricians recommend healthy infants be
placed on their backs to sleep, unless
otherwise advised by your physician.
The warning to place babies on their
backs to sleep includes, and is
52 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.
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presented after, a significant amount of
unnecessary text. Given that at least 102
of the 116 deaths involved prone
positioning, many of which indicated
no other known contributing factors, it
is imperative that this warning be as
clear and direct as possible. As
discussed in Tab C of Staff’s NPR
Briefing Package, and the Appendix to
Tab C, the Commission proposes in the
NPR to modify this warning statement
and its position on the warning label to
increase the likelihood of consumers
reading and understanding the hazard of
prone sleeping.
2. Warnings Regarding Soft Bedding
Regarding soft bedding, ASTM
F2933–19 includes the following
warnings:
• Infants can suffocate on soft
bedding. Never place a pillow or
comforter under sleeping infant for
additional padding or as a mattress
substitute.
• Do not cover the heads of babies
with a blanket or over bundle them in
clothing and blankets. Overheating can
lead to SIDS.
• [For full-size crib mattresses] Only
use sheets and mattress pads designed
specifically for crib mattresses.
• [For non-full-size crib mattresses]
Only use sheets and mattress pads
designed specifically for this mattress
size.
Staff’s review indicates that unnecessary
wording is included in the warnings
pertaining to soft bedding, and that the
warnings are not clearly organized.
Reports for at least 49 incidents indicate
that caregivers added soft bedding to the
sleep area, and survey 53 and focus
group 54 feedback demonstrates that
consumers commonly use soft bedding
in infant sleep areas. As advocated in
numerous public awareness campaigns
by health and safety professionals,
warnings regarding soft bedding must be
communicated effectively. The
Commission proposes to modify the
warning content and formatting to
53 See section II.C of this preamble for
information about the DNPES.
54 The 2019 ‘‘Consumer Product Safety
Commission (CPSC): Caregiver Perceptions and
Reactions to Safety Messaging Final Report,’’ by
Fors Marsh Group, includes a discussion of
feedback from parents and grandparents who
participated in focus groups pertaining to safe sleep
practices. See Staff’s NPR Briefing Package at Tab
C for more information.
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increase the readability and directness
of the warnings.
including the hazard information for
full-size crib mattresses.
3. Warnings Regarding Gaps
4. Additional Concerns Regarding the
Warnings
Regarding gaps, in addition to
specifying consumers use only sheets
and mattress pads designed for the crib
mattress, ASTM F2933–19 includes the
following warnings:
• [For full-size crib mattresses] Do not
use this mattress in a crib having
interior dimensions that exceed 285⁄8 by
53 in. (73 by 135 cm) as measured from
the innermost surfaces of the crib.
• [For non-full-size rigid sided
rectangular products] Check for proper
fit of the mattress. This mattress
measures lll long, lll wide, and
lll thick when measured from seam
to seam. (The blank is to be filled in.)
• [For play yards and non-full-size
cribs] Suffocation hazard: Babies have
suffocated:
• In gaps between wrong-size
mattress and side walls of product.
• Between the side walls and extra
padding, such as stacked mattresses.
ALWAYS check mattress fit by
pushing mattress tight to one corner.
Look for any gaps between the mattress
and the side walls. If this gap is larger
than 1 in., the mattress does not fit and
should NOT be used.
NEVER stack with another mattress.
Use only ONE mattress.
For full-size crib mattresses, staff’s
review shows that these warnings do
not provide consumers with enough
information about the gap entrapment
hazard. Reports for at least 14 of the
cases resulting in death describe gaps
involving a full-size crib mattress (at
least 119 incident reports including
complaints with and without injuries).
Regarding this hazard, the warnings in
ASTM F2933–19 inform consumers that
only the full-size crib mattress is to be
used in a crib with the specified
dimensions (full-size crib dimensions in
compliance with 16 CFR part 1219), and
that consumers are to use only sheets
and mattress pads designed specifically
for crib mattresses. A single statement
about specified dimensions is not
sufficient, given the prevalence of this
hazard and that factors such as rounded
edges and compression can increase the
size of side wall or corner gaps. The
Commission proposes to modify these
warnings to present more clearly and
accurately the hazard information,
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The Commission has additional
concerns with the safety information
requirements in ASTM F2933–19,
which undercut the effectiveness of the
communication of the identified
hazards. These concerns include, but
are not limited to, the following:
• The definition of ‘‘conspicuous’’ in
section 3 is ambiguous;
• the warning labels do not have a
clear and comprehensive hazard
identifier;
• the packaging requirements for
marking and labeling are limited and
exclude full-size crib mattresses;
• there are no requirements for
warnings in instructional literature;
• the warning message includes a
significant amount of superfluous text,
resulting consequently in warning labels
that are more difficult to understand
and less likely to be read in their
entirety; and
• the requirements in section 7 are
worded and organized poorly, which
may lead to confusion among
manufacturers, test labs, and others
viewing the standard.
The Commission proposes in the NPR
to improve the requirements for safety
information in ASTM F2933–19 to
address the above concerns and further
reduce the risk of injury and death from
the identified hazards. In a side-by-side
redline of the current and proposed
labeling provisions in the Appendix to
Tab C of Staff’s NPR Briefing Package,
staff identifies the specific weaknesses
of ASTM F2933–19 for addressing the
hazards, and provides explanations for
the proposed modifications.
5. Basis for NPR Proposed Modifications
to Safety Information
The Commission proposes in the NPR
substantial modifications to the
requirements for marking and labeling
specified in ASTM F2933–19, including
a new section on instructional literature.
Figure 1 shows a comparison of full-size
crib mattress warning labels compliant
with ASTM F2933–19 current
requirements versus the NPR’s proposed
labeling requirements.
BILLING CODE 6355–01–P
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BILLING CODE 6355–01–C
Proposed modifications to safety
information in the NPR consider
improvements to the safety information
from ASTM F15.66 and additional
members of the ASTM F15 committee
on consumer products.55 Recently,
ASTM F15 balloted changes to ASTM
F2933–19, which were developed by
ASTM F15.66.56 The recommendations
by ASTM F15.66, as well as those
provided in comments by ASTM F15
members on the ballot, include
improvements to the warning content
and format, and clarifications for
55 Since May 2018, staff has been participating in
ASTM F15.66 to address the identified hazards.
Subcommittee members include manufacturers,
safety and health advocacy groups, and other
interested parties.
56 ASTM F15 balloted revisions to ASTM F2933–
19, particularly section 7, on April 6, 2020,
resulting in 97 affirmatives, 7 negatives, and 293
abstentions (ASTM ballot F15 (20–02), item #15,
Proposed Changes to ASTM F2933–19 Standard
Consumer Safety Specification for Crib Mattresses
(WK 72077)). Currently, ASTM F15.66 has not
resolved the negative comments, so ESHF staff has
considered the negative comments in developing
staff’s recommended changes to the safety
information in ASTM F2933–19.
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manufacturers, regulators, and test labs
regarding the requirements of the
standard. Many of the changes
incorporate efforts to align with
recommendations from the Ad Hoc
Language task group.57
In 2016, ASTM juvenile products
standards began adopting ‘‘Ad Hoc’’
labeling recommendations, 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. The warning format
recommendations from Ad Hoc are
based primarily on the requirements of
ANSI Z535.4, while also accounting for
the wide range and unique nature of
durable nursery products, the concerns
raised by industry representatives, and
CPSC staff’s recommendations
57 The ‘‘Recommended Language Approved by
Ad Hoc Task Group Revision E,’’ dated May 28,
2019, documents recommendations from the ASTM
Ad Hoc Language task group for ASTM juvenile
products standards.
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associated with durable nursery product
rulemaking projects over the past
several years. These recommendations
include requirements for the following:
• Content that is ‘‘easy to read and
understand,’’ not contradicted
elsewhere on the product, and in
English, at a minimum;
• conformance to the following
sections of ANSI Z535.4–2011:
Æ ANSI Z535.4, sections 6.1–6.4,
which include requirements related to
safety alert symbol use, signal word
selection, and warning panel format,
arrangement, and shape;
Æ ANSI Z535.4, sections 7.2–7.6.3,
which include color requirements for
each panel; and
Æ ANSI Z535.4, section 8.1, which
addresses letter style;
• minimum text size and text
alignment; and
• the use of bullets, lists, outline, and
paragraph form for hazard-avoidance
statements.
The Ad Hoc recommendations also
include text for general labeling issues,
such as labeling permanency, and
content related to manufacturer contact
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information and date of manufacture.
The majority of the Commission’s
proposed modifications incorporate
recommendations from stakeholders
participating in ASTM F15, but several
proposed modifications in the NPR
deviate from what has been balloted and
recommended by ASTM F15. These
modifications in the NPR are based on
staff’s further consideration of the
available data, and have not yet been
reviewed by ASTM.
VII. Proposed Standard for Crib
Mattresses
The Commission proposes in the NPR
a mandatory standard for crib mattresses
that incorporates by reference ASTM
F2933–19 with modifications to make
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
Commission proposes in the NPR the
following new test for full-size crib
mattresses:
1. To condition the sheet for
compression testing, a store-bought
fitted mattress sheet intended for the
tested mattress size, consisting of 100
percent cotton, shall be washed in hot
water (50 °C [122 °F] or higher) and
dried a minimum of two times on the
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the standard more stringent, to further
reduce the risk of injury associated with
crib mattresses. Below we summarize
the proposed modifications in the NPR.
67921
A. Cyclic Test for Coil or Spring
Lacerations
To further reduce the risk of infant
lacerations from exposed coils and
springs, the Commission proposes in the
NPR to 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 by 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″ piece of plywood or 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 1), for
a total of 1,000 cycles. Cyclic loading
rate shall be one drop every 4 ± 1
seconds.
4. At the conclusion of the cyclic
loading test, the mattress shall be
removed from the test enclosure and
visually inspected for exposed wires or
coil springs.
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 meet the Mattress
Dimension requirements in ASTM
F2933–19.
3.1. A full-size crib mattress shall be
measured according to section 6.2 of the
standard.
3.1.1. After dimensional
measurements are taken, while no force
is being applied, measure the corner gap
between the adjoining Walls C and D
and the crib mattress. See Figure 1 for
illustration. The gap shall not exceed
1.75 in.
3.1.1.1. Corner gap measurements
shall be repeated after rotating the
mattress 180° and repositioning it in the
corner following sections 6.2.2.1 and
6.2.2.2 of ASTM F2933–19.
The Commission is not aware of
incidents related to non-full-size crib
mattresses compressing when sheets are
installed. Therefore, at this time, the
Commission is not proposing a similar
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sheet compression test for non-full-size
crib mattresses. However, the
Commission seeks more information on
whether to require the sheet
compression test for non-full-size crib
mattresses, and whether such a test
would help reduce corner gap
entrapments in non-full-size cribs.
Accordingly, the Commission invites
comments regarding the applicability of
the sheet compression test for non-fullsize crib mattresses and the use of
sheets with non-full-size mattresses.
C. Dimension Requirements for AfterMarket Non-Full-Size Crib Mattresses
To further reduce the risk of injury
associated with after-market non-fullsize crib mattresses, the Commission
proposes in the NPR to require a
dimensional performance requirement
for all non-full-size crib mattresses. The
Commission proposes that the current
performance requirements for OEM nonfull-size crib mattresses in section 5.7.2
of ASTM F2933–19 be modified to
apply to all non-full-size crib
mattresses, regardless of whether the
mattress is sold with a crib, and
regardless of the shape of the mattress.
The size and thickness requirements for
OEM non-full-size crib mattresses in
section 5.7.2 of ASTM F2933–19 repeat
the requirements for non-full-size crib
mattresses in section 5.17 of ASTM
F406. To preclude the size requirements
in each standard from unintentionally
diverging in the future, the Commission
proposes in the NPR to revise section
5.7.2 to refer to the requirements for
non-full-size crib mattresses in F406,
rather than repeating the same
requirements in F2933.
D. Corrections to Section 5.9 of ASTM
F2933–19
To accommodate the modification for
non-full-size cribs in section 5.7, the
Commission proposes in the NPR to
remove references to after-market nonfull-size crib mattresses from section 5.9
of ASTM F2933–19, such that section
5.9 focuses solely upon performance
requirements for after-market play yard
mattresses.
The Commission also notes an
inconsistency in the language of ASTM
F2933–19 section 5.9.1.3, which
requires that a ‘‘replacement mattress’’
for a play yard bassinet with a bassinet
attachment meet certain specifications
in ASTM F2194, when tested with each
brand and model it is intended to
replace. This requirement for bassinet
mattresses appears in the section for
‘‘after-market’’ mattresses. Section 3.1.1
of ASTM F2933–19 specifically exempts
‘‘replacement’’ mattresses from the term
‘‘after-market,’’ because ‘‘replacement’’
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mattresses are supplied by an OEM and
are equivalent to the original mattress.
The Commission proposes in the NPR to
clarify that the requirements in section
5.9.1.3 apply to after-market mattresses,
by replacing the term ‘‘replacement,’’
with the word ‘‘after-market.’’
Appendix B to Tab B of Staff’s NPR
Briefing Package contains a redline of
the proposed changes to sections 5.7.2
and 5.9 of ASTM F2933–19. The
Commission invites comments on this
proposal. Staff intends to continue to
work with ASTM to address concerns
with exempting after-market,
rectangular-shaped, non-full-size crib
mattresses from performance
requirements.
E. Mattress Firmness Test
To further reduce the risk of infant
suffocation associated with surface
softness in crib mattresses, the
Commission proposes the following
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
lie 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.
F. Proposed Modifications to Safety
Information
As detailed in Tab C of Staff’s NPR
Briefing Package, and the Appendix to
Tab C, the Commission proposes in the
NPR to include a significant number of
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modifications to the requirements for
the safety information that accompanies
crib mattresses, including warning
labels, packaging, and instructions.
Labeling modifications include the
following:
• Improved definition of
‘‘conspicuous’’ to clarify that the
warning label’s placement must make it
visible to someone who positions the
mattress for use;
• Updated the general marking and
labeling requirements;
• Improved warning labels and
examples;
• Re-organized and clarified the
marking and labeling requirements for
manufacturers, test labs, and other
viewers of the standard;
• Added warning requirements for
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
• 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,
which have not yet been reviewed by
ASTM. While safety information is
unlikely to effectively address the
identified hazards, these modifications
are likely to support the effectiveness of
the proposed performance requirements,
increase the likelihood of consumers
understanding the hazards, and clarify
the requirements for manufacturers, test
labs, and other viewers of the standard.
VIII. Proposed Amendment to 16 CFR
Part 1112 To Include NOR for Crib
Mattresses
The CPSA establishes certain
requirements for product certification
and testing. Products subject to a
consumer product safety rule under the
CPSA, or to a similar rule, ban, standard
or regulation under any other act
enforced by the Commission, must be
certified as complying with all
applicable CPSC-enforced requirements.
15 U.S.C. 2063(a). Certification of
children’s products subject to a
children’s product safety rule must be
based on testing conducted by a CPSCaccepted third party conformity
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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). Thus, the
proposed rule for 16 CFR part 1241,
Standard Consumer Safety
Specification for Crib Mattresses, if
issued as a final rule, would be 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. To meet the
requirement that the Commission issue
an NOR for the crib mattress standard,
as part of this NPR, the Commission
proposes to amend the existing rule that
codifies the list of all NORs issued by
the Commission to add crib mattresses
to the list of children’s product safety
rules for which the CPSC has issued an
NOR.
Test laboratories applying for
acceptance as a CPSC-accepted third
party conformity assessment body to
test to the new standard for crib
mattresses would be 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.
IX. Proposed 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
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that manufacturers of durable infant or
toddler products establish a program for
consumer registration of those products.
Public Law 110–314, section 104(d).
Section 104(f) of the CPSIA defines
the term ‘‘durable infant or toddler
product’’ and lists examples of such
products:
(f) DEFINITION OF DURABLE INFANT OR
TODDLER PRODUCT. As used in this
section, the term ‘‘durable infant or toddler
product’’—
(1) means a durable product intended for
use, or that may be reasonably expected to be
used, by children under the age of 5 years;
and
(2) includes—
(A) full-size cribs and non-full-size cribs;
(B) toddler beds;
(C) high chairs; booster chairs, and hookon-chairs;
(D) bath seats;
(E) gates and other enclosures for confining
a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.
Public Law 110–314, section 104(f).
The product categories listed in
section 104(f)(2) of the CPSIA represent
a non-exhaustive list of durable infant
or toddler product categories, including
infant sleep products such as cribs (fullsize and non-full-size), toddler beds,
bassinets and cradles, and play yards.
Id. 2056a(f)(2). Although crib mattresses
are used with infant sleep products, crib
mattresses are not included in the
statutory list of durable infant or toddler
products.
In 2009, the Commission issued a rule
implementing the consumer registration
requirement. 16 CFR part 1130. As the
CPSIA directs, the consumer registration
rule requires each manufacturer of a
durable infant or toddler product to:
Provide a postage-paid consumer
registration form with each product;
keep records of consumers who register
their products with the manufacturer;
and permanently place the
manufacturer’s name and certain other
identifying information on the product.
When the Commission issued the
consumer registration rule, the
Commission identified six additional
products as ‘‘durable infant or toddler
products’’:
D Children’s folding chairs;
D changing tables;
D infant bouncers;
D infant bathtubs;
D bed rails; and
D infant slings.
16 CFR 1130.2. The Commission stated
that the specified statutory categories
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were not exclusive, but that the
Commission should explicitly identify
the product categories that are covered.
The preamble to the 2009 final
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).
This Commission proposes in the
NPR 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. The
Commission proposes 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.
X. Incorporation by Reference
The Commission proposes to
incorporate by reference ASTM F2933–
19, with modifications to further reduce
the risk of injury associated with crib
mattresses. The Office of the Federal
Register (OFR) has regulations
concerning incorporation by reference. 1
CFR part 51. For a proposed rule,
agencies must discuss in the preamble
of the NPR ways that the materials the
agency proposes to incorporate by
reference are reasonably available to
interested persons or how the agency
worked to make the materials
reasonably available. In addition, the
preamble of the proposed rule must
summarize the material. 1 CFR 51.5(a).
In accordance with the OFR’s
requirements, section V of this preamble
summarizes the provisions of ASTM
F2933–19 that the Commission proposes
to incorporate by reference. ASTM
F2933–19 is copyrighted. By permission
of ASTM, the standard can be viewed as
a read-only document during the
comment period on this NPR, at: http://
www.astm.org/cpsc.htm. To download
or print the standard, interested persons
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may purchase a copy of ASTM F2933–
19 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. Alternatively,
interested parties may inspect a copy of
the standard at CPSC’s Division of the
Secretariat 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:
[email protected].
XI. 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 Commission
proposes a 6-month effective date for a
final rule on crib mattresses. Barring
evidence to the contrary, 6 months is
typically sufficient time for suppliers to
come into compliance with a new
standard, and this amount of time is
typical for other CPSIA section 104
rules. Six months is also the period that
the Juvenile Products Manufacturers
Association typically allows for
products in their certification program
to shift to a new standard once that new
standard is published. Therefore,
juvenile product manufacturers are
accustomed to adjusting to new
standards within this time. The
Commission notes that this NPR for crib
mattresses contains additional testing
requirements and labeling changes, and
that the current global COVID–19
pandemic has affected supply chains.
The Commission invites comments,
particularly from small businesses,
regarding the amount of time they will
need to come into compliance with a
final rule.
XII. Regulatory Flexibility Act 58
A. Introduction
The Regulatory Flexibility Act (RFA)
requires that agencies review a proposed
rule for the rule’s potential economic
impact on small entities, including
small businesses. Section 603 of the
RFA generally requires that agencies
prepare an initial regulatory flexibility
analysis (IRFA) and make the analysis
available to the public for comment
when the agency publishes an NPR. 5
U.S.C. 603. Section 605 of the RFA
provides that an IRFA is not required if
the agency certifies that the rule will
not, if promulgated, have a significant
economic impact on a substantial
number of small entities. The IRFA
58 See Tab F of Staff’s NPR Briefing Package for
additional information on the RFA.
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must describe the impact of the
proposed rule on small entities and
identify significant alternatives that
accomplish the statutory objectives and
minimize any significant economic
impact of the proposed rule on small
entities. Specifically, the IRFA must
contain:
D A description of the reasons why
action by the agency is being
considered;
D a succinct statement of the
objectives of, and legal basis for, the
proposed rule;
D a description of, and where feasible,
an estimate of the number of small
entities to which the proposed rule will
apply;
D 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
D identification, to the extent
possible, of all relevant federal rules
that may duplicate, overlap, or conflict
with the proposed rule.
Additionally, the IRFA must describe
any significant alternatives to the
proposed rule that accomplish the
stated objectives of applicable statutes
and minimize any significant economic
impact of the proposed rule on small
entities. CPSC staff prepared an IRFA
for this rulemaking which appears at
Tab F of the Staff’s NPR Briefing
Package. We provide a summary of the
IRFA below.
B. Agency Action, NPR Objectives,
Product Description, and Market
Description
An explanation of why the agency is
considering issuing a mandatory rule for
crib mattresses and a statement of the
objectives of, and legal basis for, the
proposed rule, are set forth in section I
of this preamble. Section II of this
preamble describes the types of crib
mattresses within the scope of the NPR,
the market for crib mattresses, and the
use of crib mattresses in the United
States.
C. Small Entities to Which the NPR
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
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fewer than 1,000 employees.59
Importers of crib mattresses are
typically categorized under NAICS code
423210 (Furniture Merchant
Wholesalers) and SBA guidelines would
consider them small if they have fewer
than 100 employees.
Staff identified 26 manufacturers and
importers of full-size and non-full-size
crib mattresses, and after-market play
yard mattresses. A majority of the 26
firms have under 50 employees. Most of
the firms are domestic manufacturers
(14) or domestic importers (8). Four
firms are foreign. Sixteen of these 26
firms meet the SBA criteria for small
businesses, and 10 firms would be
considered large according to the SBA
criteria.60 Among the 16 small domestic
firms identified by staff, 9 were
manufacturers and 7 were importers.
Staff observes that annual revenue
varies among small domestic firms, as
median annual revenue is estimated at
$6,740,000, but average annual revenue
is higher at $46,037,100.
Online registries are widely available
for new crib mattresses. Producers
supply crib mattresses to the U.S.
market via electronic commerce
websites, such as Amazon.com, Buy
Buy Baby, Hayneedle, KOHL’S,
Overstock, Walmart, and Wayfair.
According to a 2017 Statista survey of
baby products, the majority (59 percent)
of respondents indicated they buy baby
products mainly or exclusively online.61
Staff expects that consumers of crib
mattresses that do not buy online,
purchase their mattresses in retail
stores.
The majority of crib mattresses on the
market are full-size crib mattresses. Staff
estimates that 40 percent of crib
mattresses on the market are coil/
innerspring mattresses, and
approximately 60 percent of crib
mattresses are foam-core mattresses.62
Among small domestic manufacturers,
approximately 45 percent of available
crib mattresses are coil mattresses.
Among small importers, just 25 percent
of available crib mattresses are
composed of a coil core. Seventy-five
percent of crib mattresses supplied by
small domestic importers of crib
mattresses consist of a foam core. Staff
identified at least three small firms that
only produce foam-core mattresses,
59 The size guidelines are established by the U.S.
Small Business Administration (SBA).
60 Based on size and revenue data from Reference
USA and firm financial reports, websites, and press
releases.
61 Statista Survey of Baby Products in the U.S.,
2017.
62 Based on staff’s compiled search results of data
available on the internet found March through May
2020.
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while the majority of small entities
produce a combination of both coil and
foam-core crib mattresses.
D. Impact of the Proposed Rule on
Small Manufacturers and Importers
Of the 16 small manufacturers and
importers identified by staff, 12 (8
manufacturers and 4 importers) are
members of the JPMA, but staff cannot
determine how many crib mattresses are
currently certified to ASTM F2933–19.
Many of the firms that would be subject
to the draft proposed rule are known to
produce a variety of children’s products
that are already subject to CPSC
children’s product safety rules, and
therefore, are familiar with such
requirements.63 Additionally, two firms
that are not JPMA members supply
products that claim to meet ASTM
standards. The Commission seeks
comments from small firms on the
number of mattress models they would
typically certify to the ASTM standard
annually.
Manufacturers and importers of crib
mattresses would be responsible for
ensuring that their products comply
with the requirements of the proposed
rule. If a crib mattress does not comply
with the requirements, the
manufacturers or importers will need to
modify the product or cease
manufacture or importation. Importers
might be able to work with their
manufacturers to supply compliant
mattresses and could potentially switch
suppliers if their current supplier is
unwilling to supply current mattresses.
Alternatively, importers might simply
drop the noncompliant mattresses from
their product lines.
Additionally, 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 a final rule, if issued,
based on the results of third party
testing by a CPSC-accepted third party
conformity assessment body (i.e., testing
laboratory). Crib mattresses are already
subject to third party testing
requirements and adoption of the
proposed rule would only augment
existing testing requirements.64 65
63 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.
64 Manufacturers and importers of children’s
products must certify compliance with applicable
federal safety requirements in a Children’s Product
Certificate (CPC). In most instances, testing by a
third party CPSC-accepted laboratory must serve as
the basis for the production of the CPC.
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1. Costs Associated With Modifying
Products
The majority of crib mattresses
currently available on the market will
not require extensive modification to
comply with the proposed rule. Staff
reports that the majority of crib
mattresses they tested already meet the
performance requirements of the
proposed rule. We do not know the
exact costs of modifying crib mattresses
to comply with the proposed rule,
which would vary by product model.
Modifying crib mattresses to comply
with the compression standard could be
as simple as adding a perimeter border
wire to the mattress edge or an anti-sag
weight distribution bar to the mattress
structure. However, staff believes it
possible that a required modification
could be prohibitively expensive, and
therefore, the proposed rule may result
in the removal of certain crib mattresses
from commerce.
Generally, the costs associated with
providing instructional materials are
low on a per-unit basis. Many firms
already provide instructions with their
products, but they may have to change
the content or formatting of the
instructions to comply. Likewise, the
cost of warning labels is generally low,
especially if some warning labels are
already present, and the product does
not need to be modified to
accommodate new labels.
2. Third Party Testing Costs
If issued, a final rule would require all
manufacturers and importers of crib
mattresses to meet additional thirdparty testing requirements under section
14 of the CPSA. Third-party testing
requirements will include any physical
and mechanical test requirements
specified in the final crib mattress rule.
Based on information from a testing
laboratory, the cost of testing to the
current version of ASTM F2933 is $200
to $250 per sample. The additional
testing that would be required by the
proposed rule would increase this cost
by $50 to $75 per sample tested. Thus,
the total cost of the third-party testing
would be $250 to $325 per sample.
Given that the average number of crib
mattress models per firm is
approximately 12, the cost of the thirdparty testing could be about $3,000 to
$3,900, if only one model per sample
were required to provide a high degree
65 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.
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of assurance that the model complied
with the requirements of the rule.
Additionally, according to conformity
assessment bodies that staff contacted,
for each mattress model to be tested, the
firm will need to provide the crib or
play yard equipment intended to be
used with the mattress being tested.
However, to comply with ASTM F2933–
19 and other CPSC requirements for
children’s products, the costs of
supplying a crib, crib mattress, or play
yard to the conformity assessment body
are already borne by the producer for
testing under previously adopted rules
and standards. Regardless, third-party
testing facilities have indicated that they
are unable to store equipment that will
be needed or used during testing, such
as cribs or play yards, for long periods
of time. Therefore, ensuring that all crib
equipment needed for testing arrives at
the testing lab at the appropriate time
may pose a logistical burden, even if
there is no increase in monetary costs
for freight or shipping.
Additional costs of the proposed
testing would include the cost of the
100 percent cotton sheets used during
testing.66 67 These sheets would be used
in the proposed ‘‘Compression Test’’ for
full-size crib mattresses. While the
number of times a sheet can be reused
has not yet been determined, we assume
one new sheet per test. The cost of one,
100 percent cotton, full-size crib
mattress sheet is approximately $10.68
Staff estimates approximately 3 out of 4
crib mattresses on the market are fullsize crib mattresses.69 Therefore, for a
typical manufacturer or importer with
12 crib mattress models, 9 might be fullsize crib mattresses, and the additional
cost of one fitted sheet per full-size
mattress would be $90, plus the testing
costs charged by the conformity
assessment body.
For a subset of mattresses, i.e., metal
coil spring crib mattresses, the proposed
rule would include cyclic impact testing
called the ‘‘Cyclic Load Test.’’ During
the Cyclic Load Test, an impactor
weighing 30 pounds shall be dropped
repetitively from above the mattress
surface, and across four different
locations on the mattress. As a result of
the Cyclic Load Test, the mattress
product is rendered unusable for either
of the proposed mattress firmness or
66 The proposed test includes measuring the
mattress without a fitted sheet and with a twicewashed fitted sheet.
67 With input from the ASTM standards
organization, CPSC staff will determine the number
of times a sheet can be reused.
68 Based on compiled search results of data
available on the internet.
69 Based on a review of over 300 mattress models
available for sale on the internet.
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compression tests. Under cyclic load
testing, the mattress product could be
misshapen, deformed, or otherwise
destroyed, and wire coils may protrude
from the mattress surface.
Approximately 40 percent of crib
mattresses available for sale are metal
spring coil mattresses. The average cost
of a crib mattress available for sale in
the United States is $150,70 and on
average, the typical manufacturer or
importer of crib mattresses tests 12
models annually. Therefore, the cost to
the typical small firm of the destroyed
mattresses would amount to 40 percent
of $1,800 (12 models × $150), or
approximately $720, as a result of the
proposed Cyclic Load Test.
Based on the foregoing, for a typical
manufacturer or importer with 12 crib
mattress models that requires only one
test per model to provide a high degree
of assurance, the full cost of third party
testing will be approximately $3,000 to
$3,900, plus $90 in costs for fitted-sheet
testing materials, and $720 for the cost
of used test mattresses, for a total of
$3,810 to $4,710 or an average of $318
to $393 per model.
3. Summary of Impacts
Generally, based on Small Business
Administration guidelines, CPSC
considers impacts that exceed one
percent of a firm’s revenue to be
potentially significant. The lowest
reported annual revenue for any small
domestic firm producing fewer than
four crib mattress models was $1.36
million. One percent of annual revenue
for the firm is $13,600 ($1,360,000 ×
0.01). Consequently, if the costs of
modifying their mattresses to comply
with the standard exceeded $13,600, the
rule could have a significant impact on
some small firms. 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 proposed
would have to be higher than this for
the impact to be considered significant.
Given that a substantial number of
mattresses already comply with the
requirements of the proposed rule, and
some of the testing costs are already
being borne by firms that certify to the
current voluntary standard, the
Commission considers it unlikely that
the rule would have a significant impact
on a substantial number of small
70 Price estimated from data available on the
internet, collected between January 2020 and June
2020.
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entities. However, we request comments
on the costs of the proposed rule, or
impediments to modifying existing crib
mattress products to conform to the
proposed rule, especially those that
would result in the removal of the
mattress product from the market and
other impacts of the draft proposed rule
on small manufacturers and importers.
E. Other Federal Rules That May
Duplicate, Overlap, or Conflict With the
Draft Proposed Rule
CPSC staff did not identify any other
federal rules that duplicate, overlap, or
conflict with the proposed rule.
F. Alternatives Considered To Reduce
the Impact on Small Entities
The Commission considered the
following alternatives to the proposed
rule to reduce the impact on small
businesses. The Commission requests
comments on these alternatives or other
alternatives that could reduce the
potential burden on small entities.
1. Adopt ASTM F2933–19 Without
Modification
The Commission considered
proposing to incorporate by reference
ASTM F2933–19, without any
modifications, and to direct staff to
work with ASTM to improve test
methods and the firmness of crib
mattresses in a future revision of the
voluntary standard. This alternative
could reduce the impact of the rule on
small businesses, but, according to
CPSC staff, the reduction would not be
expected to be very significant. As
discussed in the IRFA analysis in Tab F
of Staff’s NPR Briefing Package, and in
this preamble, many crib mattresses
probably already comply with the
proposed standard. The additional
testing costs associated with the
modifications to ASTM F2933–19 in the
proposed rule would only increase the
testing costs by $50 to $75 per sample.
Moreover, adopting ASTM F2933–19
without modification would not address
all of the identified hazard patterns
associated with crib mattresses.
2. Small Batch Exemption
Under Section 14(d)(4)(C)(ii) of the
CPSA, the Commission cannot ‘‘provide
any alternative requirements or
exemption’’ from third party testing for
‘‘durable infant or toddler products,’’ as
defined in section 104(f) of the
Consumer Product Safety Improvement
Act of 2008. Consequently, the
Commission cannot create a small batch
exemption absent a statutory change.
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3. Delay the Effective Date of the
Requirements
Typically, the Commission proposes
an effective date of 6 months for durable
nursery product rules. Six months is
generally considered sufficient time for
suppliers to come into compliance with
a proposed durable infant or toddler
product rule, unless specific
circumstances evince the need for a
longer effective date. Additionally, 6
months from the change in a voluntary
standard is the time frame that JPMA
uses for its certification program, so
compliant manufacturers are used to a
6-month time frame to comply with a
modified standard. The Commission
proposes a 6-month effective date for a
final rule on crib mattresses.
One alternative the Commission will
consider to reduce the impact of a
mandatory rule on small firms is to set
an effective date later than 6 months.
Implementing a later effective date
could mitigate the effects of the rule on
small businesses. 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 more time to adjust
marketing towards other product
offerings, sell inventory, or consider
alternative business opportunities. The
Commission requests comments on the
proposed 6-month effective date.
4. Not Issue a Mandatory Standard
Another option available to the
Commission that would reduce the
burden on small firms is not to adopt a
mandatory standard for crib mattresses.
Although this option would eliminate
the cost impacts of complying with the
proposed rule, failure to issue a
mandatory standard for crib mattresses
would not adequately address the
hazard patterns for crib mattresses,
especially for hazard patterns that are
not adequately addressed in the
voluntary standard.
G. IRFA Conclusion
CPSC staff evaluated the possible
impacts of the proposed rule on small
entities, as required by the RFA. Staff
identified 26 manufacturers and
importers of mattress products, 16 of
which would be considered small
businesses (9 manufacturers and 7
importers). The potential impacts
include the costs of modifying
mattresses to conform to the
requirements, the lost revenue if some
models are discontinued, and the costs
associated with the third-party testing.
The Commission believes it possible
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that the proposed rule could have a
significant impact on some small firms,
but cannot estimate how many.
However, the Commission believes it
unlikely that the proposed rule would
have a significant impact on a
substantial number of small entities.
The Commission considered several
staff-identified alternatives to the
proposed rule, to reduce any adverse
impact on small firms. The Commission
concludes that each of these alternatives
would provide limited relief, or is not
available due to statutory limitations.
The Commission invites comments,
particularly from small businesses, on
the cost of making necessary
modifications to noncomplying crib
mattress models to comply with the
proposed rule, and alternatives that
could reduce the burden on small
businesses.
XIII. 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
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 NPR for crib
mattresses falls within the categorical
exclusion.
XIV. Paperwork Reduction Act
This proposed rule for crib mattresses
contains information collection
requirements that are subject to public
comment and review by the Office of
Management and Budget (‘‘OMB’’)
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521). In this
document, pursuant to 44 U.S.C.
3507(a)(1)(D), we set forth:
D A title for the collection of
information;
D a summary of the collection of
information;
D a brief description of the need for
the information and the proposed use of
the information;
D a description of the likely
respondents and proposed frequency of
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response to the collection of
information;
D an estimate of the burden that shall
result from the collection of
information; and
D notice that comments may be
submitted to the OMB.
Title: Safety Standard for Crib
Mattresses.
Description: The proposed rule would
require each crib mattress within the
scope of the rule to comply with ASTM
F2933–19, Standard Consumer Safety
Specification for Crib Mattresses,
including the proposed additional
requirements summarized in section VII
of this preamble. Section 7 of ASTM
F2933–19, and a proposed new section
8 in the NPR, contain requirements for
marking, labeling, and instructional
literature. These requirements fall
within the definition of ‘‘collection of
information,’’ as defined in 44 U.S.C.
3502(3).
Description of Respondents: Persons
who manufacture or import crib
mattresses.
Estimated Burden: We estimate the
burden of this collection of information
as follows:
TABLE 8—ESTIMATED ANNUAL REPORTING BURDEN
16 CFR section
Number of
respondents
Frequency of
responses
Total
annual
responses
Hours per
response
Total burden
hours
1241.2(a), (b) .......................................................................
26
12
312
1
312
Our estimate is based on the
following:
The Commission proposes in the NPR
modifications to section 7 of ASTM
2933–19, and 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, 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 a minimum) of
manufacture. Proposed modifications to
section 7.2 of ASTM F2933–19 would
require marking and labeling on the
product to be permanent.
Twenty-six known entities supply
crib mattresses to the U.S. market and
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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; 71 therefore, the estimated
burden associated with labels is 1 hour
per model × 26 entities × 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 × 312 hours = $10,214.88). No
71 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.
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operating, maintenance, or capital costs
are associated with the collection.
The NPR also proposes a new section
8 that would require instructions to be
supplied with the crib mattress. 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. 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 80 percent of
firms that supply cribs to the crib
mattress market already provide
instructional literature to consumers for
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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
regulations.
Based on this analysis, the proposed
standard for crib mattresses would
impose a burden to industry of 312
hours at a cost of $10,214.88 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 the OMB for review.
Interested persons are requested to
submit comments regarding information
collection by November 25, 2020, to the
Office of Information and Regulatory
Affairs, OMB (see the ADDRESSES section
at the beginning of this document).
Pursuant to 44 U.S.C. 3506(c)(2)(A),
we invite comments on:
D Whether the collection of
information is necessary for the proper
performance of the CPSC’s functions,
including whether the information will
have practical utility;
D 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;
D ways to enhance the quality, utility,
and clarity of the information to be
collected;
D ways to reduce the burden of the
collection of information on
respondents, including the use of
automated collection techniques, when
appropriate, and other forms of
information technology; and
D the estimated burden hours
associated with label modification,
including any alternative estimates.
XV. 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
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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, the
preemption provision of section 26(a) of
the CPSA would apply to a rule issued
under section 104.
■
XVI. Request for Comments
■
This Commission proposes a rule
under section 104(b) of the CPSIA to
issue a consumer product safety
standard for crib mattresses, to amend
part 1112 to add crib mattresses to the
list of children’s product safety rules for
which the CPSC has issued an NOR, and
to amend part 1130 to identify crib
mattresses as a durable infant or toddler
product subject to CPSC consumer
registration requirements. The
Commission requests comments on the
proposal to incorporate by reference
ASTM F2933–19, with modifications to
address mattress firmness, mattress
compression, lacerations from coils and
springs, dimensional requirements for
non-full-size cribs, and improve
warnings and instructions. The
Commission also requests comments on
the proposed effective date; the costs of
compliance with, and testing to, the
proposed Safety Standard for Crib
Mattresses; and any aspect of this
proposal. During the comment period,
the ASTM F2933–19 Standard
Consumer Safety Specification for Crib
Mattresses, is available as a read-only
document at: http://www.astm.org/
cpsc.htm.
Comments should be submitted in
accordance with the instructions in the
ADDRESSES section at the beginning of
this document.
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 proposes to
amend Title 16 of the Code of Federal
Regulations as follows:
Frm 00024
Fmt 4701
1. The authority citation for part 1112
continues to read as follows:
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
2. Amend § 1112.15 by adding
paragraph (b)(51) to read as follows:
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
and/or test method?
*
*
*
*
*
(b) * * *
(51) 16 CFR part 1241, Safety
Standard for Crib Mattresses.
*
*
*
*
*
■ 3. The authority citation for part 1130
continues to read as follows:
Authority: 15 U.S.C. 2056a, 2056(b).
4. Amend § 1130.2 by adding
paragraph (a)(19) to read as follows:
■
PART 1130—REQUIREMENTS FOR
CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER
PRODUCTS
§ 1130.2
Definitions.
*
*
*
*
*
(a) * * *
(19) Crib mattresses.
*
*
*
*
*
■ 5. Add part 1241 to read as follows:
PART 1241—SAFETY STANDARD FOR
CRIB MATTRESSES
Sec.
1241.1
1241.2
Scope.
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.
List of Subjects
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PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
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§ 1241.1
Scope.
This part establishes a consumer
product safety standard for crib
mattresses. The scope of this standard
for crib mattresses includes all crib
mattresses within the scope of ASTM
F2933, Standard Consumer Safety
Specification for Crib Mattresses,
including: Full-size crib mattresses,
non-full-size crib mattresses, and aftermarket mattresses for play yards and
non-full-size cribs.
§ 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 F2933–19,
Standard Consumer Safety Specification
for Crib Mattresses (approved on June
15, 2019). The Director of the Federal
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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
F2933–19 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, call 202–741–6030,
or go to: http://www.archives.gov/
federal_register/code_of_
federalregulations/ibr_locations.html.
(b) Comply with ASTM F2933–19
with the following additions or
exclusions:
(1) Instead of complying with section
3.1.2 of ASTM F2933–19, comply with
the following:
(i) 3.1.2 Conspicuous, adj—visible
while the mattress is being placed in its
intended use position.
(ii) [Reserved]
(2) Add the following paragraph to
section 3.1 of ASTM F2933–19:
(i) 3.1.11 Sleep surface—The
product component, or group of
components, providing the horizontal
plane, or nearly horizontal plane (≤10°),
intended to support an infant during
sleep.
(ii) [Reserved]
(3) Instead of complying with section
5.7.1.1 of ASTM F2933–19, comply with
the following:
(i) 5.7.1.1 Mattress Size—The
dimensions of a full-size crib mattress
shall measure at least 271⁄4 in. (690 mm)
wide and 515⁄8 in. (1310 mm) long.
When the mattress is placed against the
perimeter and in the corner of the crib,
the corner gap shall not exceed 1.75 in.
(44.5 mm). Dimensions shall be tested
in accordance with 6.2.
(ii) [Reserved]
(4) Instead of complying with section
5.7.2.1 and 5.7.2.2 of ASTM F2933–19,
comply with the following:
(i) 5.7.2.1 Mattress supplied with a
non-full-size crib: Shall meet the
specifications of Mattresses for Rigid
sided products of Consumer Safety
Specification ASTM F406 when tested
with the non-full-size crib product with
which it is supplied.
(ii) 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
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crib’’ and shall meet the specifications
of Mattresses for Rigid sided products in
Consumer Safety Specification ASTM
F406, when tested to the equivalent
interior dimension of the product for
which it is intended to be used.
(5) In section 5.9 of ASTM F2933–19,
remove the term ‘‘and Non-Full Size
Crib.’’
(6) In section 5.9.1 of ASTM F2933–
19, replace the term ‘‘For Mesh/Fabric
Sided Products and Rigid Sided NonRectangular Products’’ with ‘‘For Mesh/
Fabric Sided Play Yard Products.’’
(7) In section 5.9.1.2 of ASTM F2933–
19, remove the term ‘‘Mattresses for
Rigid sided products;’’.
(8) In section 5.9.1.3 of ASTM F2933–
19, replace the term ‘‘replacement’’ with
‘‘after-market.’’
(9) Add the following paragraphs to
section 5 of ASTM F2933–19:
(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.
(iv) 5.11.1 When tested in
accordance with 6.4, there shall be no
exposed coil springs or metal wires. The
requirements in this section only
pertain to crib mattresses with coil
springs.
(10) Renumber section 6.2.2 of ASTM
F2933–19 to 6.2.3.
(11) Add the following paragraph to
section 6.2.2 of ASTM F2933–19:
(i) 6.2.2 Test Equipment-Mattress
Sheet:
(ii) [Reserved]
(12) Renumber section 6.2.2.1 of
ASTM F2933–19 to 6.2.3.1.
(13) Add the following paragraph to
section 6.2.2.1 of ASTM F2933–19:
(i) 6.2.2.1 The mattress sheet shall
be 100% cotton and fitted for the
mattress to be tested.
(ii) [Reserved]
(14) Renumber section 6.2.2.2 of
ASTM F2933–19 to 6.2.3.2.
(15) Add the following paragraph to
section 6.2.2.2 of ASTM F2933–19:
(i) 6.2.2.2 The mattress sheet shall
be washed in hot water (50 °C [122 °F]
or higher) and dried a minimum of two
times on the highest setting using
household textile laundering units. This
shall be the test mattress sheet.
(ii) [Reserved]
(16) Renumber section 6.2.2.3 of
ASTM F2933–19 to 6.2.3.3.
(17) Renumber section 6.2.2.4 of
ASTM F2933–19 to 6.2.3.4.
(18) Add the following paragraphs to
section 6.2.3 of ASTM F2933–19:
(i) 6.2.3.5 Measure the shortest gap
between the mattress and the mattress
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measuring box at the corner adjoining
Walls C and D after the dimensions of
the mattress have been recorded. The
mattress shall not be moved before or
during measurement. This shall be the
corner gap measurement.
(ii) 6.2.3.6 Rotate the mattress 180°
such that the opposing corner is
adjacent to Walls C and D, then repeat
6.2.3.2 and 6.2.3.5.
(iii) 6.2.3.7 The test mattress sheet
shall be placed on the mattress such that
each sheet edge is wrapped fully around
and under the mattress.
(iv) 6.2.3.8 The mattress with test
mattress sheet shall be measured
following steps 6.2.3.1 through 6.2.3.6.
The mattress dimensions shall meet the
requirements in 5.7.
(19) Add the following paragraphs as
section 6.3 of ASTM F2933–19.
(i) 6.3 Mattress Firmness.
(ii) 6.3.1 Test Fixture:
(iii) 6.3.1.1 The fixture, as shown in
Fig. 2, shall be a rigid, robust object
with a round footprint of diameter 203
±1 mm, and an overall mass of 5200 ±20
g. The lower edge of the fixture shall
have a radius not larger than 1 mm.
Overhanging the footprint by 40 ±2 mm
shall be a flexible, flat bar of width 12
±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 ±0.2 mm above the bottom
surface of the fixture. The bar shall lay
directly over a radial axis of the
footprint (i.e., such that a longitudinal
centerline of the bar would pass over
the center of the footprint).
(iv) 6.3.1.2 Included on the fixture,
but not overhanging the footprint, shall
be a linear level that is positioned on a
plane parallel to the bar, and in a
direction parallel to the bar.
(v) 6.3.1.3 Other parts of the fixture,
including any handle arrangement and
any clamping arrangement for the bar,
shall not comprise more that 30% of the
total mass of the fixture, and shall be
mounted as concentric and as low as
possible.
(vi) 6.3.2 Test Method:
(vii) 6.3.2.1 Mattresses that are
supplied with a product shall be tested
when positioned on that product.
Mattresses sold independent of a
product, shall be tested on a flat, rigid,
horizontal support. After-market
mattresses for play yards and non-fullsize cribs shall be tested with each
brand and model of product it is
intended to replace.
(viii) 6.3.2.2 Where a user of a
mattress could possibly position either
side face up, even if this is not an
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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.
(A) 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.
(B) 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.
(C) Repeat Steps (1) and (2) and at the
remaining locations identified in
6.3.2.1(6).
(D) Repeat Steps (1) and (2) 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.
(E) 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)(19)(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.
(20) Add the following paragraphs as
section 6.4 of ASTM F2933–19:
(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. 3).
(v) 6.4.2.2 A 30-lb (13.6-kg) impact
mass (see Fig. 4 and Fig. 5).
(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 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. (150mm) 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 (13.6kg) 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. 6.
(21) Add the following Figures to
section 6 of ASTM F2933–19:
BILLING CODE 6355–01–P
72 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.
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(22) Instead of complying with
sections 7.1 and 7.2 of ASTM F2933–19,
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.
(23) 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 F2933–19.
(24) Instead of complying with
sections 7.3, 7.3.1, 7.3.2, and 7.3.3 of
ASTM F2933–19, 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]
(25) Instead of complying with
sections 7.4 and 7.4.1 of ASTM F2933–
19, 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’’).
(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.
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(xi) Note 4—For improved warning
readability, typefaces with large heightto-width ratios, which are commonly
identified as ‘‘condensed,’’
‘‘compressed,’’ ‘‘narrow,’’ or similar
should be avoided.
(xii) 7.4.6 Message Panel Text
Layout:
(xiii) 7.4.6.1 The text shall be left
aligned, ragged right for all but one-line
text messages, which can be left aligned
or centered.
(xiv) Note 5—Left aligned means that
the text is aligned along the left margin,
and, in the case of multiple columns of
text, along the left side of each
individual column. Please see FIG. 7 for
examples of left aligned text.
(xv) 7.4.6.2 The text in each column
needs to 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. 8, 9, and 10.
(26) 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 F2933–19, 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 ‘‘13⁄8 in. (3.5 cm)’’ for fullsize crib mattresses and ‘‘1 in. (2.5 cm)’’
for all other mattresses.
(ii) Note 6—Address means that
verbiage other than what is shown can
be used as long as the meaning is the
same or information that is productspecific is presented.
SIDS AND SUFFOCATION HAZARDS
ALWAYS place baby on back to sleep
to reduce the risks of SIDS and
suffocation.
Babies have suffocated:
• On pillows, comforters, and extra
padding
• in gaps between a wrong-size
mattress, or extra padding, and side
walls of product.
NEVER add soft bedding, padding, or
an extra mattress.
USE ONLY one mattress at a time.
DO NOT cover the faces or heads of
babies with a blanket or over-bundle
them. Overheating can increase the risk
of SIDS.
ALWAYS check mattress fit every
time you change the sheets, by pushing
mattress tight to one corner. Look for
any gaps between the mattress and the
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side walls. If a gap is larger than lll,
the mattress does not fit—do not use it.
(iii) Renumber section 7.3.1 of ASTM
F2933–19 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
F2933–19 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
F2933–19 to section 7.5.3.
(xi) In section 7.5.3, replace the term
‘‘Additional manufacturers warnings
may be included between the warnings
specified in 7.3 and 7.4 if desired’’ with
‘‘Manufacturers are permitted to include
additional warnings between the
warnings specified in 7.5 and 7.6 if
desired.’’
(27) Instead of complying with
sections 7.6, 7.6.1, 7.6.1.1, 7.6.1.2, or 7.7
of ASTM F 2933–19, comply with the
following:
(i) 7.6 The following warning
statement shall be included exactly as
stated in this paragraph (b)(27)(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)(27)(vi) (the blanks
are to be filled in as appropriate).
This mattress measures lll long,
lll wide, and lll thick when
measured from seam to seam.
(28) Add the following paragraphs as
section 7.8 of ASTM F2933–19:
(i) 7.8 Package Warnings.
(ii) 7.8.1 The warnings and
statements are not required on the retail
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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.
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(iii) 7.8.2 Warning Statements—Each
mattress’ retail package shall have
statements to address the following, at
a minimum.
(iv) 7.8.2.1 All warnings included in
section 7.5, as applicable.
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(v) 7.8.2.2 All additional markings
and warnings included in section 7.7, as
applicable.
(29) Add the following figures to
section 7 of ASTM F2933–19:
BILLING CODE 6355–01–P
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules
Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules
BILLING CODE 6355–01–C
(30) Renumber section 8 of ASTM
F2933–19 to section 9.
(31) Add the following paragraphs to
section 8 of ASTM F2933–19:
(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.
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(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.
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(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. 2020–22558 Filed 10–23–20; 8:45 am]
BILLING CODE 6355–01–P
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| File Type | application/pdf |
| File Modified | 2020-10-24 |
| File Created | 2020-10-24 |