Crib Mattress Supporting Statement_A

Supporting Statement
Information Collection Request (ICR)
Safety Standard for Crib Mattresses
OMB Control Number 3041-0185

A.

Justification

1.

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

The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer
Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product
Safety Commission (CPSC) to promulgate consumer product safety standards for durable infant
or toddler products. These standards are to be “substantially the same as” the applicable
voluntary standard, or more stringent than the voluntary standard, if the Commission determines
that more stringent requirements would further reduce the risk of injury associated with the
product. As directed by this statutory requirement, the Commission is finalizing a safety standard
for full-size and non-full-size crib mattresses, as well as after-market mattresses for play yards
and non-full size cribs. The Commission is also amending CPSC’s consumer registration
requirements in 16 CFR part 1130 to identify crib mattresses within the scope of the rule as
durable infant or toddler products, and amending CPSC’s list of notice of requirements (NORs)
in 16 CFR part 1112 to include such crib mattresses. The Safety Standard for Crib Mattresses
requires each crib mattress within the scope of the rule to comply with ASTM International,
F2933-21, Standard Consumer Safety Specification for Crib Mattresses, with some
modifications. The safety standard modifies section 7 of ASTM F2933-21 regarding marking
and labeling of crib mattresses, and adds a new section 8 requiring instructional literature.
Accordingly, the rule contains requirements which OMB considers to be a collection of
information under the PRA, 44 U.S.C. §§ 3501-3520.
In addition to improved warning format and content, section 7 of ASTM F2933-21
requires 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, and also requires a code mark or other means that
identifies the date (month and year, as minimum) of manufacture. The marking and labeling on
the product must be permanent.
The new section 8 requires instructions to be supplied with the crib mattress, however
any burden associated with supplying instructions with crib mattresses would be “usual and
customary”.

2.

Use and sharing of collected information

Updates to the warnings format is intended to clarify warning messages for consumers.
The information required in section 7 is intended to help the CPSC and the consumer identify the
firm and the product, should a safety issue arise. The instructional literature as finalized in
“Safety Standard for Crib Mattresses,” 87 FR 8640 (February 15, 2022), is meant to prevent
safety problems by providing adequate assembly and maintenance information to consumers.
3.

Use of information technology (IT) in information collection

Information technology will not be used in these requirements. In the final rule,
manufacturers are required to provide labeling, marking, and instructional literature. This
disclosure is provided with the purchase of the product.
4.

Efforts to identify duplication

Information being disclosed is manufacturer and product specific. To the extent that
firms do not already comply with the voluntary standard, information provided by these
requirements is not available through any other agency, organization, or individual.
5.

Impact on small businesses

CPSC staff has worked extensively with ASTM in the development of the Safety
Standard for Crib Mattresses. ASTM members include small firms to which the final rule would
apply, and who took part in discussions and engaged in product testing during the development
of the standard. Feedback from these entities was considered by ASTM and CPSC in developing
the adopted voluntary standard and the Safety Standard for Crib Mattresses, respectively.
The costs of marking and labeling associated with the standards for crib mattresses may
impact some small firms. CPSC staff estimates that of the 32 firms that manufacture or import
full-size and non-full-size crib mattresses, or after-market play yard mattresses that are subject to
the proposed rule, 27 would be considered small businesses according to SBA guidelines. The
statute requiring this action does not contain an exemption for small firms, however CPSC has
made efforts to minimize the burden imposed by the collection on small entities by requesting
public comments from small firms, delaying the effective date of the final rule, and consulting
with an industry association with small firm membership.
CPSC provides a variety of resources to help both new and experienced small businesses
learn about safety requirements that apply to consumer products, including the CPSC Regulatory
Robot, small business education videos, and the Small Business Ombudsman. Many of these
resources can be accessed online at: https://www.cpsc.gov/Business--Manufacturing/Small2

Business-Resources. Small firms can reach the Small Business Ombudsman by calling (888)
531-9070.
6.

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

Stakeholders, consumers, and the government rely on product marking, labeling, and
instructions to inform about assembly of products marking, labeling, and instructions to inform
about safe use and assembly of products and to identify products for recall.
7.

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

No special circumstances will require respondents to produce labels or instructional
material more often than quarterly or in fewer than 30 days.
8.

Consultation and public comments

Part A: PUBLIC NOTICE
The CPSC has requested comments on the proposal to incorporate by reference the ASTM
voluntary standard, with modifications, and improve warnings and instructions, in the Federal
Register, published October 26, 2020 (85 FR 67906). The notice discussed the information
collection burden and invited public comment on the CPSC’s estimates. The public comment
period closed on January 11, 2021. The Commission received 13 comments on the NPR before
the comment period closed on January 11, 2021, and two late-filed comments, in July and
September 2021. Comments can be accessed by searching for docket number CPSC-2020-0023
at https://www.regulations.gov. None of the comments received related to proposed warnings
and instructions or the estimated information collection burden.
The final rule published in the Federal Register on Tuesday, February 15, 2022 (87 FR 8640).
Part B: CONSULTATION
CPSC has worked extensively with ASTM in the continued development and improvement of
the voluntary safety standard for crib mattresses referenced in the final rule. Members of ASTM
include domestic manufacturers and importers of products to which the final rule would apply.
Feedback from these entities was considered by ASTM and CPSC in development the Safety
Standard for Crib Mattresses.
9.

Decision to provide payment or gift
CPSC will not provide payment or gift to respondents.
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10.

Assurance of confidentiality

No assurance of confidentiality exists for the required information. The information in
the product’s marking, labeling, and instructional literature is not confidential.
11.

Questions of a sensitive nature
None of the required information is of a sensitive nature.

12.

Estimate of hour burden to respondents

The proposed rule would require crib mattresses to comply with ASTM F2933-21,
Standard Consumer Safety Performance Specification for Crib Mattresses, with several
modifications, including modifications to existing labels and new requirements for the provision
of instructional literature. Proposed modifications to section 7 contain requirements for marking
and labeling. These requirements fall within the definition of “collection of information,” as
defined in 44 U.S.C. 3502(3).
Under the OMB’s regulations (5 OFR 1320.3(b)(2)), the time effort, and financial
resources necessary to comply with the collection of information that would be incurred by
persons in the “normal course of their activities” are excluded from a burden estimate, where an
agency demonstrates that the disclosure activities required to comply are “usual and customary.”
Based on CPSC staff’s review of product information online, approximately 76 percent
of firms that supply crib mattresses to the crib mattress market already provide instructional
literature to consumers for products intended for use by children. All of the firms which supply
crib mattresses already provide customer support for use of their children’s products. Therefore,
we estimate that no burden hours are associated with the proposed section 8 of ASTM F2933-21
in the final rule, because any burden associated with supplying instructions with crib mattresses
are “usual and customary” and not within the definition of “burden” under OMB’s regulations.
We estimate the burden of this collection as follows:
Table 1 – Estimated Annual Reporting Burden
16 CFR section

Number of
Respondents

Frequency
of
Responses

Total Annual
Responses

Hours per
Response

Total
Burden
Hours

1241.2 (a), (b)

38

10

380

1

380

TOTAL BURDEN

380

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Thirty-eight known entities supply crib mattresses to the U.S. market and these entities
may need to make some modifications to existing product labels. We estimate that the time
required to make these modifications is about 1 hour per model. Based on an evaluation of
supplier product lines, each entity supplies an average of 10 models of crib mattresses; therefore
the estimated burden associated with labels is 1 hour per model x 38 entities x 10 models per
entity = 380 hours.
We estimate the hourly compensation for the time required to create and update labels is
$33.78 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” March
2021, total compensation for all sales and office workers in goods-producing private industries:
http://www.bls.gov/ncs/). Therefore, the estimated annual cost to industry associated with the
labeling requirements is $12,836 ($33.78 per hour x 380 hours = $12,836.40).
13.

Estimates of Other Total Annual Cost Burden to Respondents or Recordkeepers

Respondents bear no costs beyond those presented in Section A.12. No operating,
maintenance, or capital costs are associated with the collection.
14.

Estimate of annualized costs to the federal government

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

Program changes or adjustments
This is a new information collection request.

16.

Plans for tabulation and publication
Not applicable.

17.

Rationale for not displaying the expiration date for OMB approval
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Not applicable.
B.

Collection of Information Employing Statistical Methods
Not applicable.

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