Download:
pdf |
pdf8640
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
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: Final rule.
AGENCY:
Pursuant to the Consumer
Product Safety Improvement Act of
2008 (CPSIA), the U.S. Consumer
Product Safety Commission (CPSC) is
issuing this final rule establishing a
safety standard for crib mattresses,
which includes full-size and non-fullsize crib mattresses, as well as aftermarket mattresses for play yards and
non-full-size cribs. CPSC is also
finalizing an amendment to its
regulations regarding third party
conformity assessment bodies, to
include the safety standard for crib
mattresses in the list of notices of
requirements (NORs) along with an
amendment to the consumer registration
rule, to identify crib mattresses as a
durable infant or toddler product
subject to consumer registration
requirements.
SUMMARY:
This rule will become effective
August 15, 2022. The incorporation by
reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of August 15,
2022.
DATES:
FOR FURTHER INFORMATION CONTACT:
Justin Jirgl, Compliance Officer, U.S.
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814; telephone: (301) 504–7814;
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
lotter on DSK11XQN23PROD with RULES2
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
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
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
‘‘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.
On October 26, 2020, the Commission
issued a notice of proposed rulemaking
(NPR) under section 104 of the CPSIA,
proposing a mandatory consumer
product safety standard for crib
mattresses, based on ASTM F2933–19,
Standard Consumer Safety
Specification for Crib Mattresses (ASTM
F2933–19), with five modifications, to
make the standard more stringent, to
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 F2933–21 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. Like the NPR,
the final rule will use the defined term ‘‘aftermarket’’ mattress. Section 3.1.1 of ASTM F2933–21
defines an ‘‘after-market 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 F2933–21 states that the definition
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.
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
further reduce the risk of injury
associated with crib mattresses.3 85 FR
67906. The Commission is finalizing the
rule by incorporating by reference the
most recent voluntary standard for crib
mattresses, ASTM F2933–21, with
modifications substantially as proposed
in the NPR, to further reduce the risk of
injury to children associated with crib
mattresses.4
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.5 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,
Standard Consumer Safety
3 Previously, on November 21, 2016, the
Commission issued an NPR 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 final 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 On January 26, 2022, the Commission voted
4–0 to issue this final rule. Commissioner Trumka
issued a statement in connection with his vote.
5 ASTM International website: www.astm.org,
About ASTM International.
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
Specification for Crib Mattresses, to
address the associated hazards.6
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
products used for infant sleep, 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 products for infant sleep, crib
mattresses are not included in the
statutory list of durable infant or toddler
products. This final rule amends part
1130 to include ‘‘crib mattresses’’
within the scope of ASTM F2933 as
durable infant or toddler products, as
proposed in the NPR, 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 infant sleep,
such as cribs and play yards; and (4)
CPSC cannot fully address the risk of
injury associated with products for
infant sleep without addressing the
hazards associated with the use of crib
mattresses.
Finally, products subject to a
consumer product safety rule under the
CPSA must be certified as complying
with all applicable CPSC-enforced
requirements, based on testing
conducted by a CPSC-accepted third
party conformity assessment body. 15
U.S.C. 2063(a). The Commission must
publish an NOR for the accreditation of
third party conformity assessment
bodies to assess conformity with a
6 The docket for this rulemaking on
Regulations.gov contains meeting logs for all CPSC
staff-attended ASTM meetings related to the crib
mattresses voluntary standard that occurred
between issuance of the NPR and completing this
final rule. CPSC’s Division of the Secretariat
maintains all other CPSC staff-attended meetings
with outside stakeholders related to crib mattresses.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
children’s product safety rule to which
a children’s product is subject. Id.
2063(a)(3). Accordingly, we now
finalize an amendment to part 1112, as
proposed in the NPR, to add the new
Safety Standard for Crib Mattresses, 16
CFR part 1241, to the list of NORs for
children’s product safety rules. The
amendment allows test laboratories
applying for CPSC acceptance to seek
accreditation to test crib mattresses
within the scope of the rule.
C. NPR 7
On October 26, 2020, the Commission
issued an NPR under section 104 of the
CPSIA, proposing a mandatory
consumer product safety standard for
crib mattresses, based on ASTM F2933–
19, Standard Consumer Safety
Specification for Crib Mattresses (ASTM
F2933–19), with five modifications, to
make the standard more stringent, to
further reduce the risk of injury
associated with crib mattresses. 85 FR
67906. The scope of the NPR included
‘‘crib mattresses’’ within the scope of
the voluntary standard for crib
mattresses: Full-size crib mattresses,
non-full-size mattresses, and aftermarket mattresses for play yards and
non-full-size crib mattresses.
The five proposed modifications to
the voluntary standard in the NPR
addressed the following hazards: (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
7 The NPR was based on information provided in
the September 30, 2020, Staff Briefing Package:
Draft Notice of Proposed Rulemaking for Crib
Mattresses Under the Danny Keysar Child Product
Safety Notification Act (Staff’s NPR Briefing
Package), available at: https://www.cpsc.gov/s3fspublic/Notice-of-Proposed-Rulemaking-SafetyStandard-for-Crib-Mattresses.pdf?mDLf.MBLut
Fluwt6QFjeZRhYdNLFRR.J. This final rule also
relies on information in Staff’s NPR Briefing
Package.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
8641
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.
In the NPR, the Commission also
proposed to amend the consumer
registration rule, part 1130, to identify
‘‘crib mattresses’’ as a category of
‘‘durable infant or toddler products’’
subject to the consumer registration rule
and testing and certification as a
children’s product. Finally, the
Commission proposed 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.
D. Update to ASTM F2933
Since the publication of the NPR,
ASTM revised F2933–19 and published
ASTM F2933–21. Like ASTM F2933–19,
ASTM F2933–21 provides performance
and labeling standards for ‘‘crib
mattresses’’ intended for full-size cribs,
non-full-size cribs, after-market
mattresses for play yards, and aftermarket mattresses for non-full-size cribs.
ASTM F2933–21 updates the
requirements for after-market play yard
and non-full-size crib mattresses as
follows:
• Replaces requirement that
‘‘aftermarket 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’’ with: (1) A requirement to test
to specific sections in ASTM F406,
Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards, including: Stability;
Cord/Strap Length; Mattress; Mattresses
for Rigid-Sided Products; Crib Side
Height; Height of Sides; Floor Strength;
and Mattress Vertical Displacement,
when tested in the product it was
designed for or intended to fit; (2) a
requirement that the after-market
mattress must be at least the same size
as the original equipment mattress, so
long as it lays flat on the support
structure; and (3) a requirement that the
after-market mattress floor support
structure be at least as thick as the
original equipment mattress floor
support structure. These revisions allow
play yard mattresses that may be thicker
than what is provided by the original
E:\FR\FM\15FER2.SGM
15FER2
8642
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
equipment manufacturer, but still limit
such mattresses to a maximum of 11⁄2
inches, as required by ASTM F406.
• Adds requirement specifying that
after-market mattresses must have
equivalent storage accommodations for
instructions as the original equipment
mattress.
We assess the revisions to the
voluntary standard in section V.B of this
preamble. Although the revisions in
ASTM F2933–21 improve the safety of
crib mattresses, by improving
requirements for after-market mattresses
for play yards and non-full-size cribs,
ASTM’s revised voluntary standard
does not address all of the hazards
identified in the NPR.8
E. Final Rule Overview
The Commission is finalizing the rule
for crib mattresses by incorporating by
reference the most recent version of the
voluntary standard, ASTM F2933–21,
with the five modifications described in
section I.C of this preamble, to make the
standard more stringent. However,
based on comments on the NPR, and
staff’s continued work with the ASTM
subcommittee on crib mattresses, the
final rule contains the following
clarifications from the NPR:
• Fitted Sheet Test Procedure for
Full-Size Crib Mattresses—The final
rule improves the test method proposed
in the NPR for the fitted sheet test, by
measuring corner gaps from a projected
crib corner, to accommodate crib
mattresses with larger dimensions while
maintaining test veracity;
• Cyclic Impact Test Procedure—The
final rule clarifies the test method, by
requiring the use of two different
mattresses for testing each side of a
mattress sleep surface, to address the
potential for testing to be destructive;
and
• Safety Information—The final rule
modifies the requirements for onproduct and package labeling, to
include important clarifications, and to
communicate better to consumers the
risks and preventative actions related to
SIDS and suffocation.9
Section VI of this preamble contains
additional discussion and assessment of
the revisions to the voluntary standard,
and section VIII of this preamble
describes the final rule in more detail.
This final rule is based on information
provided in the September 29, 2021,
Draft Final Rule for Crib Mattresses
Under the Danny Keysar Child Product
Safety Notification Act (Staff’s Final
Rule Briefing Package), available at:
8 See
Tab C of Staff’s Final Rule Briefing Package.
Tab D, Appendix A of Staff’s Final Rule
Briefing Package.
9 See
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
https://www.cpsc.gov/s3fs-public/FinalRule-Safety-Standard-for-CribMattresses.pdf?VersionId=62b
EXbfu7.mIoiiLfn_fbMWtFnEsgGON.
II. Product Description
A. Scope of Products Within the Final
Rule 10
The scope of the final rule includes
all crib mattresses 11 within the scope of
ASTM F2933–21, which addresses three
types of crib mattresses:
1. Full-size crib mattresses—Full-size
crib mattresses within the scope of the
final rule are typically sold separately
from the crib in which they are intended
to be used. Industry refers to full-size
crib mattresses as ‘‘standard’’ crib
mattresses. 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 F2933–21 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. (1,330
± 16 mm) long. Full-size crib mattresses
come in a variety of designs and are
made of a broad array of materials. Fullsize crib mattresses typically have a
fabric or vinyl ticking, which covers
innerspring coils or foam. Innerspring
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 final rule addresses
all non-full-size crib mattresses,
regardless of whether they are sold
separately (after-market), or are sold
with a non-full-size crib (referred to as
‘‘original equipment manufactured
mattresses’’ or ‘‘OEM’’ mattresses), and
regardless of whether they are
rectangular or non-rectangular in
shape.12 Because non-full-size cribs do
10 See Staff’s Final Rule Briefing Package at Tab
C for additional information on the scope of ASTM
F2933–21.
11 Section 3.1.4 of ASTM F2933–21 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 F2933–21 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.’’
12 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
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
not come in a standard size, non-fullsize crib mattresses do not have defined
dimensions. Rather, each non-full-size
crib is required to be sold with a
properly fitting OEM mattress that
meets the performance requirements in
ASTM F406. Accordingly, for mattresses
that are sold separately from the product
and meant to replace OEM mattresses
(after-market mattresses), ASTM F2933–
21 sets a minimum effective crib-side
height for non-full-size cribs and a
maximum gap between the mattress
edge and the crib side.13 Section 5.7.2.1
of ASTM F2933–21 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 F2933–21 requires that
after-market, non-rectangular, non-fullsize crib mattresses meet the same
performance requirements in ASTM
F406 as the non-full-size crib mattresses
they are intended to replace; and
furthermore, section 5.9 requires aftermarket, non-rectangular, non-full-size
crib mattresses to have labeling
identifying the ‘‘brand(s) and Model(s)
numbers of products in which it is
intended to be used,’’ but only requires
warning labels regarding dimensions on
after-market, rectangular-shaped, nonfull-size crib mattresses. The final rule
extends the ASTM F406 performance
requirements for mattresses sold with a
non-full-size crib to all non-full-size crib
mattresses, including OEMs, aftermarket, non-rectangular, and
rectangular non-full-size crib mattresses.
3. After-market mattresses for play
yards—After-market mattresses are
products sold separately from a play
yard,2 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
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.
13 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″.
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
yard mattresses, but does not address
after-market play yard mattresses. The
final rule for crib mattresses addresses
after-market mattresses for play yards,
as set forth in ASTM F2933–21 section
5.9, by requiring that they meet the
same specifications and performance
requirements for OEM play yard
mattresses in ASTM F406, as well as
additional requirements for the aftermarket mattress fit, support structure,
and instruction storage
accommodations. Additionally, the final
rule requires 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.
B. Market Description 14
lotter on DSK11XQN23PROD with RULES2
Crib mattresses are designed to be
used with products, such as full-size
cribs, non-full-size cribs, bassinets and
cradles, and play yards, intended 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
2018.15 Currently, staff estimates that
there are more than 300 crib mattress
models available in the market.16
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. 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 high-end foam core. The
average cost of a crib mattress available
for sale in the United States is $150.17
For consumers with limited income,
smaller, less-expensive crib mattresses
may appear to be a suitable alternative
to higher-priced, full-size crib
mattresses.
CPSC staff estimates that there are
currently at least 32 domestic
manufacturers or importers supplying
crib mattresses to the U.S. market; 19
are domestic manufacturers, and 13 are
domestic importers. In addition, six
foreign companies distribute crib
mattresses to the United States.18
14 See Staff’s Final Rule Briefing Package at Tab
E for additional information on the marketing and
use of crib mattresses.
15 November 2019 Statista estimates, Grand View
Research.
16 Based on staff’s compiled search results of data
available on the internet, April–June 2021.
17 Price estimated from data available on the
internet, collected between April–June 2021.
18 Determinations were made using information
from Dun & Bradstreet, as well as from websites.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
Among the 38 firms identified, roughly
half are members of the Juvenile
Products Manufacturers Association
(JPMA), the major U.S. trade association
that represents juvenile product
manufacturers and importers. Many
domestic suppliers of crib mattress are
also members of ASTM. The typical
manufacturer or importer of crib
mattresses carries on average 10
mattress models. While some
manufacturers produce a large variety of
crib mattress models, others produce
only a small selection of one or two
models. The majority of domestic
manufacturers of crib mattresses are
considered small businesses, according
to U.S. Small Business Administration
(SBA) guidelines, and many of these
small firms are JPMA or ASTM
members.
This mandatory rule for crib
mattresses will require not only third
party testing for conformance to the new
crib mattress rule, 16 CFR part 1241, but
also 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 14
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
children in 2013.19 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
2013.20 According to DNPES results, 84
percent of respondents indicated they
used a fitted sheet on the crib
19 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.
20 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., un-surveyed homes of older adults providing
care for grandchildren).
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
8643
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 child care industry
group’s 2018 directory 21 lists more than
115,000 licensed child care 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 721.22 Based on
the Commission’s contacts with child
care and lodging facilities, crib, play
yard, and crib mattresses are commonly
used in such establishments.23
III. Incident Data and Hazard
Patterns 24
In the NPR, the Commission
discussed a total of 439 incidents
associated with crib mattresses,
including 116 reported fatalities and
323 reported nonfatal incidents or
concerns, occurring from January 1,
2010 to March 31, 2020. Since that data
extraction, CPSC staff identified an
additional 55 incidents entered into the
CPSRMS and the NEISS databases from
April 1, 2020 to April 30, 2021,
including 23 reported fatalities and 32
reported nonfatal incidents or concerns
21 Child Care Center estimate of entire United
States (2018, April 27). http://childcarecenter.us/.
22 U.S. Bureau of Labor Statistics, ‘‘Quarterly
Census of Employment and Wages,’’ April 2018.
http://www.bls.gov/iag/tgs/iag721.htm.
23 Staff contacts included phone inquiries with
day care and hotel establishments.
24 See Staff’s Final Rule Briefing Package at Tab
B, for additional information on staff’s review of
crib mattress incidents.
E:\FR\FM\15FER2.SGM
15FER2
8644
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
associated with crib mattresses.
Accordingly, for the final rule, the
Commission is aware of 494 reports
associated with a crib mattress,
including 139 fatalities and 355
nonfatalities reported from January 1,
2010 through April 30, 2021.25
CPSC staff identified 21 NEISS cases
associated with a crib mattress in the
NPR, and zero NEISS cases received
during the update between April 1, 2020
and April 30, 2021. Because the data did
not meet the minimum criteria for
reporting an estimate,26 the Commission
includes the 19 NEISS injuries and two
NEISS fatalities with the rest of the
reported incident data described in this
final rule.
Table 1 presents hazard categories for
all incidents reported from January 1,
2010 through April 30, 2021. Since the
NPR, CPSC received 11 reported
fatalities 27 involving crib mattress fit
issues, and 19 reports of nonfatal
incidents involving mattresses that are
considered too soft.28 Generally, the
cause of death in reports describing a
fatal incident stated the death to be
caused by asphyxia, suffocation, or
SIDS. CPSC staff categorized the fatal
and nonfatal reports into hazard
scenarios based on the best available
information.
TABLE 1—FATAL AND NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY AND DATE
RECEIVED BY CPSC DURING JANUARY 1, 2010–APRIL 30, 2021
Date received by CPSC
Hazard category
January 1, 2010–March 31, 2020
(reported incidents in the NPR)
April 1, 2020–April 30, 2021
(reported incidents since the NPR)
Fatal reports
Fatal reports
Nonfatal reports
January 1, 2010–
April 30, 2021
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
0
0
0
0
3
11
9
0
0
0
0
3
4
1
0
0
3
0
0
19
2
0
26
128
4
6
17
122
78
18
55
34
6
Total Reports ...................................................................
116
323
23
32
494
Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete.
Table 2 presents the year of incident
or death of the reported cases, for the
incidents reported in the NPR and
incidents reported since the NPR. Since
the NPR, deaths continue to be reported
in the most recent years, 2018 and 2019,
even when there is typically an
approximate 2-year time lag in complete
reporting of deaths to CPSC. The NPR
stated that 13 deaths were reported to
have occurred in 2018, and 4 deaths in
2019. Since the NPR, 15 and 17 deaths
were reported to have occurred in the
years 2018 and 2019, respectively.
TABLE 2—REPORTS ASSOCIATED WITH CRIB MATTRESSES BY YEAR OF INCIDENT AND DATE RECEIVED BY CPSC DURING
JANUARY 1, 2010–APRIL 30, 2021
Date received by CPSC
January 1, 2010–March 31, 2020
(reported incidents in the NPR)
Year of incident or death
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Fatal reports
April 1, 2020–April 30, 2021
(reported incidents since the NPR)
Nonfatal reports
Fatal reports 29
January 1, 2010–April 30, 2021
(total reports)
Nonfatal reports
Total fatal reports
Total nonfatal
reports
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
20
11
4
7
13
11
8
25
13
4
0
0
43
19
27
31
28
34
40
48
33
18
2
0
0
0
0
0
0
0
1
0
2
13
6
1
0
0
0
0
0
0
0
0
0
2
19
11
20
11
4
7
13
11
9
25
15
17
6
1
43
19
27
31
28
34
40
48
33
20
21
11
Total Reports .................................
116
323
23
32
139
355
Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete.
25 Of
the 494 reports, 21 were from the 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.
27 None of the fatal incident reports stated that the
fatality had a witness. Thus, each case involves
some degree of speculation as to how the incident
occurred. Incident details are often vague
concerning how the infant was positioned when
initially found and what additional items present in
the crib environment may have contributed to the
lotter on DSK11XQN23PROD with RULES2
26 NEISS
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
fatality. Some incidents have conflicting reports
from multiple sources describing the details of the
incident.
28 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
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
(1545), mattresses, not specified (4010), toddler
beds (4082), and a catch-all product code 9101. As
in the data extraction for the NPR, some of the
nonfatal reports described concerns about potential
hazards associated with a crib mattress, without an
actual incident occurring.
29 CPSC received a death certificate for one
fatality in September 2017, and subsequently, CPSC
investigated this incident. However, staff did not
receive the investigation information until
November 2020.
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
A. Fatal Reports
CPSC is aware of 139 reported deaths
associated with crib mattresses that
were reported to have occurred between
January 1, 2010 and April 30, 2021.
8645
Table 3 presents hazard categories for
these reported fatalities.
TABLE 3—REPORTED FATALITIES ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY AND DATE RECEIVED BY
CPSC DURING JANUARY 1, 2010–APRIL 30, 2021
Date received by CPSC
January 1, 2010–
March 31, 2020
April 1, 2020–
April 30, 2021
January 1, 2010–
April 30, 2021
Reported incidents
in the NPR
Reported incidents
since the NPR
Total fatal reports
Crib Mattress Used in a Play Yard .............................................................................................................
Face in Mattress .........................................................................................................................................
Fit Issues .....................................................................................................................................................
Found Prone ...............................................................................................................................................
Multiple Contributing Factors (MCF) ...........................................................................................................
2
13
20
66
15
0
3
11
9
0
2
16
31
75
15
Total Reports .......................................................................................................................................
116
23
139
Hazard category
Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete.
Below, we describe the hazard
patterns involving a fatality associated
with a crib mattress.
1. Crib Mattress Used in a Play Yard:
One percent of the fatalities involved
use of a crib mattress in a play yard (2
out of 139). 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: Twelve percent
(16 out of 139) 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
was present in the sleeping environment
in some of these reports. However,
bedding was not touching the infant,
nor did staff determine that the bedding
was a contributing factor in the death.
3. Fit Issues: Twenty-two percent (31
out of 139) of fatalities involved issues
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-four percent (75
out of 139) 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 was unable to
determine that bedding was a
contributing factor in the deaths.
5. Multiple Contributing Factors
(MCF): Eleven percent (15 out of 139) of
fatalities involved multiple factors 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.
The oldest fatalities were: Two, 3year-old, and two, 2-year-old children.
CPSC observed considerably more
reported prone fatalities between the
ages of 1-month-old and 5-months-old,
and most of the deaths in the fit, face
in mattress, and MCF hazard categories
involved infants between the ages of 1month-old and 8-months-old, compared
to other ages. Among the 23 deaths
reported since the NPR, 19 were to
infants 8 months old or younger, and
the remainder included one 11-monthold, one 12-month-old, one 21-monthold, and one 38-month-old.
B. Reported Nonfatal Incidents and
Concerns
CPSC is aware of 355 reported
nonfatal incidents and concerns
associated with crib mattresses that
were reported to have occurred between
January 1, 2010 and April 30, 2021.
Table 4 presents the hazard categories
associated with these reported nonfatal
crib mattress incidents.
TABLE 4—NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY AND DATE RECEIVED BY
CPSC DURING JANUARY 1, 2010–APRIL 30, 2021
Date received by CPSC
January 1, 2010–
March 31, 2020
April 1, 2020–
April 30, 2021
January 1, 2010–
April 30, 2021
Reported incidents
in the NPR
Reported incidents
since the NPR
Total nonfatal
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 ...........................................................................................................................................................
23
124
1
6
1
88
3
18
36
17
6
3
4
1
0
0
3
0
0
19
2
0
26
128
2
6
1
91
3
18
55
19
6
Total Reports .......................................................................................................................................
323
32
355
lotter on DSK11XQN23PROD with RULES2
Hazard category
Source: CPSRMS and NEISS databases. Reporting is ongoing; so 2019–2021 data are incomplete.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
lotter on DSK11XQN23PROD with RULES2
8646
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
1. Chemical/Flammability: Seven
percent (26 out of 355) of the nonfatal
incidents reported a crib mattress
having a chemical odor (6), causing
rashes (8), developing severe allergies
(1), or not meeting mandatory federal
flammability standards (11). Three of
these 26 incidents were reported
between April 1, 2020 and April 30,
2021. Among these three incidents, two
involved emergency department
treatment from rashes or allergy
symptoms, and one incident mentions
headaches from foul odor with
unspecified severity.
2. Coil or Spring: Thirty-six percent
(128 out of 355) of nonfatal incidents
involved a coil or spring found
protruding through the crib mattress.
Four of these 128 incidents were
reported between April 1, 2020 and
April 30, 2021. Among these four
incidents, one involved a knee
laceration with the level of care not
known, and the other three incidents
reported an incident with no injury.
3. Crib Mattress Used in a Play Yard:
One percent (2 out of 355) of nonfatal
incidents involved a crib mattress being
used in a play yard. One of these two
incidents was reported between April 1,
2020 and April 30, 2021. In the one new
incident, a child had an arm become
entrapped on the side or under the
mattress.
4. Expand or Inflate: Two percent (6
out of 355) of nonfatal incidents
involved a crib mattress that failed to
expand or inflate properly. None of
these six incidents were reported
between April 1, 2020 and April 30,
2021. CPSC 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 355) of nonfatal
incidents involved an infant found
limp, pale, and with blue around the
lips while face down in contact with a
crib mattress. CPSC staff found no other
details about the sleep environment in
this incident involving a 1-month-old
infant who was admitted to the hospital.
This incident was reported in the NPR
data set.
6. Fit Issue: Twenty-six percent (91
out of 355) of nonfatal incidents
involved issues with the fit of a crib
mattress in the sleeping environment,
three of which were reported between
April 1, 2020 and April 30, 2021.
Among these three incidents, one child
was treated in the emergency
department after falling out of the crib
due to a mattress that was too thick; one
child received marks on the face due to
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
entrapment issues with an unknown
level of treatment; and one incident
occurred with no injury reported. 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.
7. Found Prone: One percent (3 out of
355) 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.
None of these three incidents were
reported between April 1, 2020 and
April 30, 2021.
8. Mattress Falls Apart: Five percent
(18 out of 355) of nonfatal incidents
involved part of a crib mattress coming
apart. In most of these reports, the
seams of the mattress unraveled,
causing: 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
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 one incident involved a
child who was treated and released from
the hospital emergency department due
to ingesting plastic pieces of a crib
mattress. None of these 18 incidents
were reported between April 1, 2020
and April 30, 2021.
9. Softness: Fifteen percent (55 out of
355) of nonfatal incidents involved a
crib mattress inner cushioning that was
reportedly too soft. CPSC staff found 33
reports of depressions or indentations in
the crib mattress, accompanied by the
following descriptions: ‘‘bunches up/
squishy,’’ ‘‘dent/depression/dips/
indentation/sags/sinks in/smashed/
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. Six reports
allege that a crib mattress is too thin and
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
that the inner cushioning is too soft. Of
these 55 incidents, 19 were reported
between April 1, 2020 and April 30,
2021. All 19 of these incidents involved
an incident with no injury reported.
10. Multiple Contributing Factors
(MCF): Five percent (19 out of 355) of
nonfatal incidents involved multiple
factors that played a role, of which the
crib mattress was likely one factor. Two
of these 19 incidents were reported
between April 1, 2020 and April 30,
2021. One incident involved a mattress
that was reported to be too firm and a
child who broke out in rashes, with a
level of care not known; and one
incident involved a slat entrapment
hazard, with no injury reported.
11. Other: Two percent (6 out of 355)
of nonfatal incidents involved
miscellaneous other issues associated
with a crib mattress. None of these six
incidents were reported between April
1, 2020 and April 30, 2021. Reports in
this category included: 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 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. In the most recent years,
from January 2018 to April 2021, CPSC
staff observed fewer nonfatal reports of
coil or spring issues associated with crib
mattresses, compared to years 2014
through 2017. Eighty-six percent (78 out
of 91 nonfatal reports) of nonfatal
reports involving fit issues occurred
between 2010 and 2015.
C. Explanation of Hazards Associated
With Crib Mattress Use 30
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,
30 Staff’s NPR Briefing Package at Tabs C and E
contain more detailed analysis of incidents and
hazards associated with crib mattress use.
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
and gaps/pockets between mattresses
and infant product sides.31 32 33
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 ‘‘ABCs of Safe Sleep’’ (alone
(no bed sharing), back-sleeping, and crib
uncluttered),34 and ‘‘Safe Sleep/Bare is
Best.’’ 35 36 Health and safety advocates,
including the AAP, CDC,37 CPSC, and
Kids in Danger (KID) 38 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:
lotter on DSK11XQN23PROD with RULES2
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
31 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%2Fwww.cdc.gov%2Fsids%2FAbout
SUIDandSIDS.htm; accessed July 20, 2020.
32 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.
33 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.
34 See https://www.aappublications.org/news/
2016/10/24/SIDS102416; accessed May 7, 2020.
35 See https://www.cpsc.gov/Safety-Education/
Neighborhood-Safety-Network/Posters/Safe-Sleepfor-Babies; accessed May 6, 2020.
36 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.
37 See https://www.cdc.gov/vitalsigns/safesleep/
index.html; accessed May 2, 2020.
38 See https://kidsindanger.org/protect-yourchild/sleep/; accessed May 6, 2020.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
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.39
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.40
Given non-flexible sides and infant head
dimensions,41 requirements in these
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.42 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.
39 See page 5, https://www.cpsc.gov/s3fs-public/
Petition%20CP%2015-2%20%20Petition%
20Requesting%20Ban%20on%20Supplemental%
20Matress%20for%20Play%20Yards%
20with%20non-Rigid%20Sides%20May%
2010%202017l3.pdf; accessed September 14,
2020.
40 Per 16 CFR part 1219, and by reference ASTM
F1169–1919, 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 F2933–21, a full-size crib
mattress shall measure at least 271⁄4 inches wide by
515⁄8 inches long by 6 inches thick.
41 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
infants to reduce the likelihood of death or serious
injury to those most vulnerable to the identified
hazards.
42 See https://www.cpsc.gov/Business-Manufacturing/Business-Education/BusinessGuidance/Full-Size-Baby-Cribs/, accessed May 1,
2020.
PO 00000
Frm 00009
Fmt 4701
Sfmt 4700
8647
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.
D. Product Recalls 43
In the NPR, CPSC stated that 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 noncompliance 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. CPSC has not announced any crib
mattress recalls since the NPR.
IV. International Standards for Crib
Mattresses 44
As stated in the NPR, the Commission
is aware of two international voluntary
standards pertaining to crib
mattresses: 45
• 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).
In the NPR, the Commission
compared ASTM F2933–19 to the
international standards AS/NZS 8811.1
and EN 16890, and determined that the
ASTM standard is equivalent or more
stringent than these standards to
address most incidents associated with
the use of crib mattresses in the United
States. 85 FR at 67913–14. This
43 See Briefing Memorandum, Staff’s Final Rule
Briefing Package.
44 See Staff’s NPR Briefing Package at Tab B.
45 The Commission is also aware of a draft,
unpublished, standard, ISO 23767 Children’s
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.
E:\FR\FM\15FER2.SGM
15FER2
8648
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
assessment is applicable to ASTM
F2933–21 as well.46
Each of these international standards
includes a mattress firmness test, while
the ASTM standard does not. To
address this issue, the final rule
includes a mattress firmness test, as
proposed in the NPR, based on the
mattress firmness test in the AS/NZS
standard. With the exception of mattress
firmness, the Commission concludes
that ASTM F2933–21 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 F2933–21 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 like ASTM
F2933–19, ASTM F2933–21 was
developed through collaboration
between CPSC staff and stakeholders.
The voluntary standard has been revised
four times to address incident data
provided by CPSC staff. Therefore, the
Commission concludes that ASTM
F2933–21, 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 47
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,48
• Small parts,
• Lead and other toxic substances in
paints,
• Finger entrapment,
• Mattress dimension conformity,
• Mattress thickness, and
• Marking and labeling.
46 See
Staff’s Final Rule Briefing Package at Tab
lotter on DSK11XQN23PROD with RULES2
C.
47 See Staff’s NPR Briefing Package at Tab B for
additional information about the history and
performance requirements up through the 2019
version of ASTM F2933. Tab C of Staff’s Final Rule
Briefing Package contains information about the
revisions in ASTM F2933–21.
48 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.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
Since 2013, ASTM has revised and
updated the voluntary standard four
times to address safety issues, as
outlined below:
ASTM F2933–16 (approved on 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
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 on 6/15/
2019):
PO 00000
Frm 00010
Fmt 4701
Sfmt 4700
• 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.
ASTM F2933–21 (approved on 6/15/
2021):
• Replaced requirement that
‘‘aftermarket 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’’ with: (1) A requirement that
aftermarket mattresses meet all
applicable listed requirements of ASTM
F406 Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards for the OEM
mattresses that they are intended to
replace; (2) requirements that the aftermarket mattress must be at least the
same size as the original equipment
mattress, so long as it lays flat on the
support structure; and (3) requirements
that the after-market mattress floor
support structure be at least as thick as
the original equipment mattress floor
support structure. Accordingly, play
yard mattresses may be thicker than that
provided by the original equipment
manufacturer, but are still limited to a
maximum of 11⁄2 inches, as required by
ASTM F406.
• Adds requirement specifying that
after-market mattresses must have
equivalent storage accommodations for
instructions as the original equipment
mattress.
B. Assessment of ASTM F2933–21 49
ASTM published ASTM F2933–21 in
July 2021, to address requirements for
after-market mattresses for non-full-size
cribs and play yards. Beginning with
ASTM F2933–18, after-market
mattresses were required to meet the
same requirements of OEM mattresses
for play yards. ASTM members believed
that, as written, the requirements for
after-market mattresses were design
restrictive. Accordingly, the rationale
for the 2021 revisions for after-market
mattress requirements was to be less
design restrictive, by more directly
relying on performance requirements
under the appropriate product standard,
including additional references to
requirements in the voluntary standard
for play yards and non-full-size cribs,
ASTM F406.
The purpose of having after-market
mattresses meet the same requirements
as OEM mattresses is to reduce the risk
of infant entrapment and suffocation
associated with after-market mattresses
49 See Tab C of Staff’s Final Rule Briefing Package
for the full assessment of ASTM F2933–21.
E:\FR\FM\15FER2.SGM
15FER2
lotter on DSK11XQN23PROD with RULES2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
that are too thick, or do not fit correctly,
or attach to a play yard or non-full-size
crib. ASTM developed the latest
requirements for after-market
mattresses, published in ASTM F2933–
21, in collaboration with CPSC staff, the
ASTM Play Yard Vertical Displacement
Task Group, the Play Yard Mattress Fit
and Thickness Task Group, and the
ASTM Non-Segmented Mattress Task
Group. Below we summarize and assess
changes to ASTM F2933–21 that
occurred after publication of the NPR.
1. In section 5.9 of ASTM F2933–21,
‘‘Product’’ was clarified to refer to the
play yard or non-full-size crib, rather
than the mattress. Other clarifications of
the mattress and the product were made
throughout this section. These term
clarifications are appropriate and
adequate to clarify which requirements
in the standard apply to which
products. However, the final rule
removes non-full-size cribs from this
section, to be consistent with changes to
section 5.7.2 regarding non-full-size
mattress size and thickness.
2. In section 5.9.1.1 of ASTM F2933–
21, the requirement was removed that
the after-market mattress have the same
thickness, floor support structure, and
attachment method as the mattress it is
intended to replace. The thickness and
floor support structure requirements
were replaced in ASTM F2933–21, as
described in paragraphs 5 and 6 below.
The final rule adopts these new
requirements for after-market mattresses
in ASTM F2933–21, as written. Before
this change, an after-market mattress for
a play yard could meet the requirements
of ASTM F406 when tested with the
product it is intended to be used with,
but still not meet the requirements of
this section, due to having a different
mattress thickness or different floor
support structure design as the OEM
mattress. For example, non-segmented,
i.e., non-folding, after-market mattresses
for products that included a segmented
mattress would not be allowed.
Similarly, if the OEM play yard mattress
was 3⁄8 inches thick, an after-market
mattress with a thickness of 7⁄8 inches,
and that would otherwise meet the
requirements of an OEM mattress,
would not be allowed.
ASTM removed the requirement that
after-market mattresses be exactly the
same as the OEM mattress, and instead,
requires that after-market mattresses be
tested to the same requirements as OEM
mattresses (see 3 below). Moreover,
after-market mattresses must meet
additional requirements regarding size,
floor support structure, and instruction
storage (5, 6, and 7 below, respectively).
Based on this change, the two examples
described above would be allowed, so
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
long as they meet all of the requirements
for after-market mattresses. A 3-inch
thick, after-market play yard mattress
would not be allowed, however, due to
it having a greater thickness than
allowed for OEM mattresses in ASTM
F406. Because after-market mattresses
must meet the same dimension and
performance requirements as OEM
mattresses, as well as additional
requirements, this change will not
reduce the safety of after-market
mattresses.
3. In the new section 5.9.1.1 of ASTM
F2933–21, ASTM added the following
list of requirements from ASTM F406:
Stability; Cord/Strap Length; Crib Side
Height; Height of Sides; and Floor
Strength. The following requirements
from ASTM F406 were already listed:
Mattress; Mattresses for Rigid-Sided
Products; Mattress Vertical
Displacement. The requirements in
ASTM F406 applicable to play yard
mattresses are those for Mattress,
Stability, Cord/Strap Length, Height of
Sides, Floor Strength, and Mattress
Vertical Displacement. ASTM F2933–21
now includes all of these listed
requirements. The final rule, however,
removes Mattresses for Rigid-Sided
Products and Crib Side Height from this
section, because these requirements
apply to non-full-size cribs, which are
addressed in the final rule in section
5.7.2.
4. In the new section 5.9.1.2 of ASTM
F2933–21, ASTM replaced the term
‘‘replacement mattress’’ with
‘‘aftermarket mattress.’’ The final rule
includes this modification, and it is
consistent with modifications proposed
in the NPR.
5. ASTM added the following
requirement in a new section 5.9.1.3 in
ASTM F2933–21: ‘‘The aftermarket
mattress must be at least the same size
as the original equipment mattress or
larger and lay flat on the floor of the
product, in contact with the play yard
mattress support structure.’’ Some OEM
play yard mattresses are made
particularly thin, contributing to the
consumer perception that play yard
mattresses are uncomfortable, and
potentially resulting in consumers
placing additional soft bedding in infant
sleep environments. With this change,
after-market mattresses can be the same
size or larger (thicker and/or wider) than
the OEM mattress, so long as they lay
flat and meet the other applicable
dimension and test requirements for
play yard mattresses, including
maximum dimension requirements.
This allows after-market play yard
mattresses, which are thicker than OEM
mattresses, but continue to meet
maximum dimension requirements (e.g.,
PO 00000
Frm 00011
Fmt 4701
Sfmt 4700
8649
an after-market mattress with foam 7⁄8
inches thick may be acceptable, but
foam more than 1-inch thick, would not
be acceptable). The final rule adopts this
change as part of ASTM F2933–21,
because it is unlikely to reduce safety,
and may improve safety by allowing
appropriately sized, after-market
mattresses that could combat the
consumer perception of uncomfortable
play yard mattresses. This change,
therefore, is an adequate replacement
for the mattress size requirements
originally in section 5.9.1.1.
6. ASTM added the following
requirement in section 5.9.1.4 of ASTM
F2933–21: ‘‘If the original equipment
mattress includes a floor support
structure, the aftermarket mattress must
include a floor support structure that is
at least as thick as the original
equipment mattress floor support
structure.’’ This change allows for aftermarket mattresses with a different floor
support structure than the OEM
mattress (e.g., an after-market nonsegmented mattress in place of an OEM
segmented mattress), so long as the floor
support structure is at least as thick as
the original, and the mattress meets the
other applicable requirements for play
yard mattresses. This change, along with
the requirement that the mattress must
lay flat on the play yard support
structure, will have no effect on safety,
because it ensures that after-market play
yard mattresses with a different support
structure than the OEM mattress will
still have a similar level of support. The
final rule adopts this change as part of
ASTM F2933–21, because it is an
adequate replacement for the floor
support structure requirements
originally in section 5.9.1.1.
7. ASTM added the following
requirement in section 5.9.1.5 of ASTM
F2933–21: ‘‘If the original equipment
mattress includes storage
accommodations for the product
instruction manual, the aftermarket
mattress shall provide equivalent
storage accommodations for the product
instruction manual.’’ This is a new
requirement for after-market mattresses
to have equivalent storage
accommodations for instructions as the
OEM mattress. The final rule adopts this
change as part of ASTM F2933–21,
because it improves safety by increasing
the likelihood of consumers keeping the
product’s instruction manual, which
may have important safety information,
readily accessible.
Based on the foregoing, the final rule
incorporates by reference ASTM F2933–
21, and adopts these seven changes,
except where a change conflicts with
the separation of requirements for play
yards from the requirements for non-
E:\FR\FM\15FER2.SGM
15FER2
8650
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
full-size crib mattresses, as noted in this
section. Appendix A to Tab C of Staff’s
Final Rule Briefing Package outlines the
changes to section 5.9 of ASTM F2933–
21.
C. Description of Performance
Requirements in ASTM F2933–21
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
F2933–21 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: This
section describes the dimensional
requirements for full-size crib
mattresses, and for non-full-size crib
mattresses that are supplied with a nonfull-size crib, to prevent an infant from
becoming wedged in a gap caused by a
too-small crib mattress. To ensure that
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 box with
a force prescribed in the test method.
• § 5.7.2.2 Mattress Thickness: This
requirement applies to non-full-size crib
mattresses supplied with a non-full-size
crib, to prevent occupants from falling
out of the product (and extends to aftermarket mattresses for non-rectangular,
non-full-size cribs, as described below
for § 5.9). 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:
This requirement applies to all crib
mattresses within the scope of the
standard and states that all seam
stitching that is accessible to the
occupant shall 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:
This requirement is for after-market
mattresses for play yards and non-fullsize cribs, and states that after-market
mattresses for soft-sided and nonrectangular, rigid-sided products must
meet the following applicable
requirements from ASTM F406,
Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards: Stability; Cord/Strap
Length; Mattress; Mattresses for Rigid
sided products; Crib Side Height; Height
of Sides; Floor Strength; and Mattress
Vertical Displacement. Additionally, the
after-market mattress and floor support
structure must be at least the same size
as the original equipment mattress; it
must lay flat on the play yard support
structure or floor; and must include
equivalent storage accommodations for
the instruction manual. Accordingly,
these after-market mattresses must meet
the same requirements as the OEM
mattress. 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. Finally, if the
after-market mattress is also intended to
be used in a bassinet, it must also meet
the requirements in the following
sections of ASTM F2194, Standard
Consumer Safety Specification for
Bassinets and Cradles, when tested with
each brand and model of product for
which it is intended to replace the
mattress: Pad Thickness for Fabric or
Mesh-Sided Products; Pad dimensions;
Side Height; and Bassinets with
Segmented Mattresses.
VI. Adequacy of the Voluntary
Standard To Address Crib Mattress
Hazards
A. Adequacy of Performance
Requirements 50
ASTM developed ASTM F2933 to
mitigate the risk of injury associated
with the use of crib mattresses. Hazardmitigation strategies include
performance requirements and
instructions and on-product warnings to
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,
respectively, of Staff’s NPR Briefing
Package, and Tabs C and D of Staff’s
Final Rule Briefing Package, the
requirements in the voluntary standard,
ASTM F2933–21, 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 F2933–21 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, infants found prone, and
mattress softness. The warning labeling
for hazard patterns that are within the
multiple contributing factors category
(i.e., face in mattress, found prone, and
softness) are also inadequate.
Accordingly, the Commission will
finalize the rule with additional
requirements, as proposed in the NPR,
to make the standard more stringent, to
further reduce the risks of death and
injury from these hazard patterns. Table
5, based on the final rule incident data,
summarizes the staff-identified hazard
patterns and states how ASTM F2933–
21 addresses each hazard pattern.
lotter on DSK11XQN23PROD with RULES2
TABLE 5—ASSESSMENT OF ASTM F2933–21 TO ADDRESS IDENTIFIED HAZARD PATTERNS
Hazard pattern
Applicable
mattresses
How addressed in ASTM F2933–21
Adequacy
assessment
Comments
Chemical/Flammability Hazards (odors,
rash).
All ..........................
16 CFR part 1303 Ban of Lead-Containing Paint 16 CFR part 1500 Hazardous Substances Act Regulations
(Sections 5.1 and 5.4).
16 CFR part 1632 Standard for the
Flammability of Mattresses and Mattress Pads.
16 CFR part 1633 Standard for the
Flammability (Open Flame) of Mattress Sets.
Adequate ..............
Assessed as adequate in NPR. No
change in standard.
50 Staff’s NPR Briefing Package at Tab B contains
additional details on the CPSC staff’s analysis of
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
ASTM F2933–19 and its ability to address
identified hazards.
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
8651
TABLE 5—ASSESSMENT OF ASTM F2933–21 TO ADDRESS IDENTIFIED HAZARD PATTERNS—Continued
Hazard pattern
Applicable
mattresses
How addressed in ASTM F2933–21
Adequacy
assessment
Comments
Coil or Spring (laceration) .....................
Coil or spring mattresses (primarily
full-size).
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. (Sections 5.9 and 7.5).
Dimensional
conformity,
mattress
thickness, and labeling requirements
(Section 5.7).
Final rule includes additional cyclic
testing to identify potential for
springs to break through surface
during foreseeable use and misuse.
Section VI.A.3 of the preamble assesses the revised requirements for
after-market mattresses.
Adequate ..............
Hazard is adequately addressed with
F2933’s dimensional conformity and
mattress thickness.
Labeling requirements (Section 7.3) ....
Inadequate: See
also ESHF 51
memo (Tab D).
Inadequate ............
Final rule contains a firmness test
based on sections 6 and 8 of AS/
NZS 8811.1 and revised labeling.
Final rule contains additional fitted
sheet compression test for full-size
mattresses and extends dimensional
requirements in section 5.7 to all
after-market non-full-size crib mattresses.
Final rule contains a firmness test
based on sections 6 and 8 of AS/
NZS 8811.1 and revised labeling.
Assessed as adequate in NPR. No
change in standard.
Face in Mattress (suffocation) ..............
Fit Issues (suffocation due to ill-fitting
mattress).
All ..........................
Dimensional conformity and after-market mattress requirements (Sections
5.7 and 5.9).
Found Prone (suffocation due to prone
position).
All ..........................
Labeling requirements (Section 7.3) ....
Mattress Falls Apart (choking/ingestion)
All ..........................
Softness (suffocation due to soft surface).
All ..........................
Mattress seam stitching requirement
and small parts prohibition (Sections
5.3 and 5.8).
Not addressed ......................................
Multiple Contributing Factors (MCF)
(e.g., entrapment in bumper pads,
limb entrapment, crib sharing with
another infant, existing health condition).
All ..........................
General requirements and warning labels (Sections 5 and 7).
Inadequate ............
Other .....................................................
All ..........................
General requirements and warning labels (Sections 5 and 7).
Adequate ..............
lotter on DSK11XQN23PROD with RULES2
1. Hazard Pattern—Chemical/
Flammability Hazards
51 CPSC’s Directorate for Engineering Sciences,
Division of Human Factors (ESHF).
21:03 Feb 14, 2022
Jkt 256001
Inadequate ............
2. Hazard Pattern—Coil or Spring
Seven percent (26 out of 355) of the
nonfatal incidents, including 3
incidents identified since the NPR,
reported a crib mattress having a
chemical odor (6), causing rashes (8),
causing severe allergies (1), or
mattresses not meeting mandatory
federal flammability standards (11).
Reports describe infants suffering from
rashes, upper respiratory issues, and
headaches. The ASTM F2933–21
general requirements section addresses
these hazards with the inclusion of 16
CFR part 1632, Standard for the
Flammability of Mattresses and Mattress
Pads, 16 CFR part 1633, Standard for
the Flammability (Open Flame) of
Mattress Sets, and 16 CFR part 1303,
Ban of Lead-Containing Paint and
Certain Consumer Products Bearing
Lead-Containing Paint.
VerDate Sep<11>2014
Inadequate: See
also ESHF
memo (Tab D).
Adequate ..............
Potential laceration hazards due to an
exposed coil or spring account for 36
percent (128 out of 355) of the nonfatal
incident reports, including four
incidents identified since the NPR.
ASTM F2933–21 addresses this hazard
by prohibiting sharp points. Due to the
high proportion of reported nonfatal
incidents, the final rule strengthens the
standard with a cyclic impact test, as
proposed in the NPR, which entails
dropping a 30-pound test mass 250
times in four locations on a test
mattress.
Since publication of the NPR, CPSC
staff has continued working with the
crib mattress cyclic testing task group to
refine test requirements that will
address the hazard of potential
lacerations to infants from an exposed
coil or spring. The test was discussed at
subcommittee and task group meetings
on November 10, 2020, December 9,
2020, and February 16, 2021. During
these meetings, ASTM members
discussed points they felt needed
clarification if the voluntary standard is
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
Final rule contains a firmness test
based on sections 6 and 8 of AS/
NZS 8811.1.
Some of these contributing factors are
addressed by additional requirements in the final rule described
above, while others are related to
another product use or other factor
out of the scope of the crib mattresses standard.
This category includes hazards which
are out of scope of the ASTM standard or for which the cause is unclear.
revised, including the desire for a means
to prevent the mattress from moving
around during testing. ASTM members
stated, for example, that the standard
should clarify that the test only applies
to coil spring mattresses, and that two
mattresses should be required to test
both sides of a mattress, because of the
potential for destruction of the sample
during testing. Accordingly, the final
rule includes a modification to the test
method, to require two mattresses for
testing each side of a mattress.
CPSC staff has typically been in
alignment with ASTM members of the
Crib Mattress Cyclic Testing task group
on how to conduct testing to address the
hazard of potential lacerations to infants
caused by exposed coils or springs.
Public comments were also generally
supportive of the test proposed by staff;
and the comments encouraged staff to
continue working with ASTM to
develop the test. Although ASTM
informed staff at a subcommittee
meeting on June 10, 2021, that a new
draft of the ASTM test method had been
developed, and members were shown a
drawing that appeared to depict a
E:\FR\FM\15FER2.SGM
15FER2
8652
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
revised test location, ASTM has not yet
distributed this revised draft to CPSC
staff or to other task group members,
and there has not been a ballot.
Therefore, for the final rule, the
Commission clarifies the test procedure
and the need for two mattresses, but
does not make any additional changes.
3. Hazard Pattern—Crib Mattress Used
in a Play Yard
One percent (2 out of 139) of fatal
incidents and one percent (2 out of 355)
of nonfatal incidents, including one
nonfatal incident identified since the
NPR, are associated with using a crib
mattress in a play yard. The incidents
were associated with the use of a crib
mattress that did not fit properly in a
play yard. ASTM F2933–21 addresses
this hazard with warning label
requirements, and additionally, newer
requirements specifying that aftermarket play yard mattresses must meet
the same requirements as OEM
mattresses. These revisions will increase
the availability of properly fitting aftermarket mattresses, and will reduce the
likelihood of caregivers using an illfitting crib mattress in a play yard. For
the final rule, the Commission
incorporates by reference ASTM F2933–
21, to include these revisions.
One nonfatal incident involved
scratches on an infant’s back, caused by
protruding coils or springs of the crib
mattress. The final rule addresses the
coil or spring hazard, as described in
section VI.A.2, above.
4. Hazard Pattern—Expand or Inflate
In two percent (6 out of 355) of
reported nonfatal incidents, a crib
mattress failed to expand or inflate
properly. All of these incidents were
reported in the NPR. This hazard can
occur when a mattress is tightly rolled
for shipping or packaging purposes, and
then does not completely decompress.
Related hazards include 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. Although this hazard
is adequately addressed with ASTM
F2933’s dimensional conformity and
mattress thickness requirements, the
additional proposed mattress
compression test, detailed in section
VI.A.6 of this preamble, will strengthen
the proposed standard and further
reduce injuries associated with the
failure of a mattress to expand or inflate
fully to prevent hazardous gaps.
5. Hazard Pattern—Face in Mattress
Twelve percent (16 out of 139) of fatal
incidents and less than 1 percent (1 out
of 355) of nonfatal incidents, including
three fatal incidents identified since the
NPR, are associated with an infant
found face down on a crib mattress.
ASTM F2933 does not address this
hazard pattern. The Human Factors
assessment in the Staff’s NPR and Final
Rule Briefing Packages provides
strengthened warning label
recommendations to address this hazard
pattern. As proposed in the NPR, the
Commission is finalizing the rule with
revised warning labels to address this
hazard.
6. Hazard Pattern—Fit Issues
Twenty-two percent (31 out of 139) of
fatal incidents and 26 percent (91 out of
355) nonfatal incidents, including 11
fatal incidents and three nonfatal
incidents identified since the NPR, were
associated with the fit of a crib mattress
in the sleeping environment.52 In these
reports, gaps between the crib mattress
and the crib rail or play yard mesh, on
one or more sides around the perimeter
of a crib mattress, created a wedging or
entrapment hazard. ASTM F2933–21
contains a mattress dimensional
conformity test intended to address this
hazard. However, staff found from
visual inspection and measurement of
mattresses tested, that tight-fitting
sheets over crib mattresses can create
gaps between the corners of the mattress
and the interior corner of the crib,
creating an entrapment hazard, as seen
in Photo 1. Accordingly, ASTM F2933–
21 does not adequately address
entrapment hazards between the crib
mattress and the side of a crib or play
yard.
a. Mattress Compression
To strengthen the standard, the
Commission is finalizing the rule with
the sheet compression test, as proposed
in the NPR, with modifications to
address the fit issues caused by a tightfitting sheet.
The NPR proposed a test method to
address the hazard associated with
tight-fitting sheets that compressed a
crib mattress to create potentially
hazardous gaps. The test method had a
conditioned fitted sheet placed on a
52 Nearly half (11 out of 23) of fatal incidents
identified since the NPR are associated with fit
issues.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00014
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.000
lotter on DSK11XQN23PROD with RULES2
Photo 1. Reenactment of a head entrapment in a comer gap.
Source: CPSC in-depth investigation
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
full-size crib mattress. The mattress
with the sheet was required to meet all
dimensional requirements in ASTM
F2933–19.53 In addition, measured
corner gaps were required to be less
than 2.25 inches in length, based on the
fifth percentile head breadth of 0- to 3month-old infants,54 the alreadyallowed maximum gap of 1 inch
between the sides of the crib mattress
and the sides of the crib, and a 0.5-inch
margin of safety.
After publication of the NPR, ASTM
members discussed the NPR test
methods during ASTM crib mattress
subcommittee and task group meetings
on November 10, 2020, December 3,
2020, and February 16, 2021. At these
meetings, ASTM members expressed
that for the ASTM voluntary standard,
they were not in favor of the test method
proposed by CPSC in the NPR. Members
stated that crib mattress sheets can vary
widely in quality and size; and that by
assuming the maximum gap of 1 inch
between the sides of the crib mattress
and the sides of the crib, the test method
unfairly penalized larger mattresses.
Additionally, ASTM members pointed
out that the dimension measurement
method in ASTM F2933 was established
with soft materials in mind, and that the
NPR-proposed test method was overly
restrictive for mattresses, by
compressing them twice, due to the
requirement that this measurement be
conducted with the sheet installed.
The ASTM task group decided to
develop an alternative test method,
presented during meetings on February
25, 2021, and June 9, 2021. In this test
method, the maximum allowable 1-inch
8653
gap is applied to the minimum
allowable mattress dimensions of 51.625
inches x 27.25 inches, to create a
rectangle measuring 52.625 inches x
28.25 inches. This rectangle is the
projected crib interior. Then, using the
head breadth dimension proposed by
staff (3.66 inches) minus a 0.51-inch
margin of safety, a line is marked 3.15
inches away from the projected crib
interior corner, at an angle of 45 degrees
to each of the projected crib sides. A 6inch-high x 6-inch-wide wood block is
then used to apply a 2-pound force to
the corner of the mattress to recreate the
compression force of a fitted sheet. If the
front of the block moves beyond the
marked line, then the mattress fails. The
test is repeated in each corner. ASTM
has not balloted the proposed test
method.
52.625 inches
i
i
i
;
Ill
G.l
'I
C
I
I
u
N
N
X
I
..c
11'1
-....
!
I
i
i
-..J
' ~-· -.- -~-~.,,, ........................ ~-·-·-·-·-·-~-·-·r~-«-•-~-~-~-·-·-·-~-·-~---·-·-·-·-·-·-·-•-s-•-
oci
I
N
~
U1
:;·
!
n
=r
('I)
!
!
!
I
i
UI
!
Pass/Fail Lin
3.15 inches
i
1
ASTM members expressed two
primary reasons against the test method
proposed in the NPR. First, ASTM
members stated that crib mattress sheets
can vary widely in quality and size.
Some public comments agree with this
point, suggesting fitted sheets should
have separate performance requirements
addressed by the ASTM infant bedding
subcommittee. CPSC staff has engaged
with members of the ASTM Infant
Bedding Task Group to reduce the risk
of ill-fitting crib mattress fitted sheets
and improve sheet performance.
Regardless, a crib mattress should not
allow a poorly fitted sheet to adjust its
dimensions and create a hazardous gap.
Staff will continue working with
ASTM’s Infant Bedding Task Group to
address quality concerns regarding
fitted sheets intended for crib
mattresses, and thereafter, will work
with the ASTM Crib Mattress
subcommittee to refer to these
requirements, as applicable. However,
for the final rule, test laboratories can
determine the most appropriate sheet
for the test, meaning a crib mattress
sheet that fits the crib mattress snugly
and can be wrapped around the four
corners. The Commission did not
receive comments that suggested
additional methods to improve the sheet
53 The dimensional requirements are unchanged
in ASTM F2933–21.
54 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
3.66 inches; Snyder, R.G., Schneider, L.W., Owings,
C.L., Reynolds, H.M., Golomb, D.H., & Schork, M.A.
(1977). Anthropometry of Infants, Children and
Youths to Age 18 for Product Safety Design (Report
No. UM–HSRI–77–17). Prepared for the U.S.
Consumer Product Safety Commission, Washington,
DC.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00015
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.001
lotter on DSK11XQN23PROD with RULES2
Figure 1. Test fixture proposed by ASTM, as interpreted by CPSC staff.
lotter on DSK11XQN23PROD with RULES2
8654
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
selection process. Accordingly, based on
available data, the test method proposed
in the NPR is the most accurate test
method to test for hazardous gaps
caused by sheet compression.
Second, ASTM members stated that
the proposed test has the potential to be
overly restrictive towards mattresses
that are larger than the minimum
allowable size. Some public comments
make the same point. CPSC agrees with
ASTM members and public comments
on this point.55 The proposal in the NPR
assumed that every mattress would have
the 1-inch maximum allowable gap
between the crib and the crib mattress,
regardless of size. This assumption is
overly restrictive towards mattresses
that were designed to fill the space
between the crib and crib mattress. The
final rule improves the test method to
address this point, by incorporating
projected crib dimensions that consider
the maximum allowable crib interior
dimensions of 53 inches x 285⁄8 inches
to be an appropriate position, because a
crib with the maximum interior
dimensions will be the worst-case
product to consider hazardous corner
gaps. Accordingly, the final rule
incorporates changes to the
measurement method, such that the
corner gap is measured from the
projected corner of a crib, as described
in section VIII of this preamble.
Additionally, ASTM members
commented that the mattress
measurement method described in
section 6.2 was established with
concerns about foam compression in
mind. As mentioned in the appendix of
ASTM F2933–21, the rationale for using
a dynamic measuring box was ‘‘to
provide a more repeatable measurement
that would take away the variability
caused by soft materials.’’ The test
method proposed in the NPR would
have repeated these measurements with
the fitted sheet on the mattress,
essentially compressing the mattress
twice when taking dimension
measurements. In response to these
comments, the final rule removes the
requirement that the mattress with the
fitted sheet must meet the same
dimension requirements as the mattress
without the fitted sheet. Instead, the
final rule requires the corner gap
measurement to be taken separately
from the dimension measurements.
55 Staff notes that of the 11 mattresses tested for
the NPR, all of which were larger than the
minimum size, none failed the draft proposed test
method.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
b. After-Market Mattresses for Play
Yards and Non-Rectangular, Non-FullSize Cribs
ASTM F2933–21 also includes
provisions to address fit issues with
after-market mattresses for play yards
and non-rectangular, non-full-size cribs.
These provisions require that aftermarket mattresses meet the same
requirements as OEM play yard and
non-full-size crib mattresses, as
specified in ASTM F406. The
dimensional requirements for aftermarket non-full-size crib mattresses in
section 5.9 of ASTM F2933–21 currently
only apply to non-rectangular, non-fullsize crib mattresses, and the
dimensional requirements in section 5.7
of the standard only apply to OEM nonfull-size crib mattresses. This is
consistent with staff’s assessment of
ASTM F2933–19 in the NPR. Although
labeling requirements in section 7 of the
standard apply to all non-full-size crib
mattresses, regardless of shape, or
whether they are after-market or OEM,
ASTM F2933–21 contains no
dimensional requirements that apply to
after-market, rectangular, non-full-size
crib mattresses. To address this gap in
the standard, the final rule modifies
section 5.7 of ASTM F2933, as
proposed, to apply the dimensional
requirements to all non-full-size crib
mattresses, regardless of shape or
whether they are provided with the crib
or sold after-market. The Commission is
also finalizing the modification to
section 5.9 of ASTM F2933, as
proposed, to remove non-full-size cribs
from that section and to clarify
requirements for after-market play yard
mattresses.
7. Hazard Pattern—Found Prone
Fifty-four percent (75 out of 139) of
fatal and 1 percent (3 out of 355) of
nonfatal incidents, including nine fatal
incidents identified since the NPR, are
associated with infants found in a prone
position on a crib mattress, 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. ASTM F2933–21
does not address this hazard pattern
with a performance test; however, it
does address it with warning labels. The
Human Factors assessment in Tab D of
Staff’s Final Rule Briefing Package
provides warning label
recommendations to strengthen the
standard to address this hazard pattern.
The Commission will finalize the rule,
as proposed, with revised warning
labels to address this hazard.
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
8. Hazard Pattern—Mattress Falling
Apart
Five percent (18 out of 355) of
nonfatal incidents are associated with
mattresses falling apart. Staff did not
identify any new incidents since the
NPR. In most of these reports, the seams
of the mattresses unraveled, causing a
strangulation hazard because the thread
or cord used for stitching the mattress
was exposed. This failure also resulted
in a choking or ingestion hazard because
the inner filling came out of the mattress
in small pieces and into the sleep
environment of the crib. ASTM F2933–
21 adequately addresses this hazard
with a mattress seam-stitching
requirement and small parts
prohibition.
9. Hazard Pattern—Softness
Fifteen percent (55 out of 355) of
nonfatal incidents, including 19
incidents identified since the NPR, are
associated with mattress softness.
Mattress softness hazards include
depressions or indentations found in the
crib mattress that could increase the risk
of asphyxia. Twelve of these 55
incidents relate to bending, buckling, or
mattress compression occurring when a
crib sheet was placed on a mattress,
shrinking the mattress, and creating an
entrapment hazard. ASTM F2933–21
does not address firmness or softness
hazards; nor does it address mattress
buckling. However, other international
standards, Australian/New Zealand
Standard (AS/NZS) 8811.1:2013, and
EN 16890:2017, Children’s Furniture—
Mattresses for Cots and Cribs—Safety
Requirements and Test Methods, both
address mattress firmness.
The NPR proposed a firmness test
method based on the AS/NZS
8811.1:2013 test method for firmness.
After the Commission issued the NPR,
CPSC staff continued to engage with
ASTM to address the hazard pattern
created by soft crib mattresses in the
ASTM standard. ASTM members
discussed this firmness test at ASTM
crib mattress subcommittee and task
group meetings on November 10, 2020,
December 3, 2020, and February 16,
2021. At these meetings, ASTM
members agreed that a firmness test was
needed in the standard, but debated
whether the AS/NZS 8811.1 protocol or
the EN 16890 protocol would be more
appropriate. Some members agreed with
CPSC staff’s assessment that the AS/
NZS 8811.1 protocol was more
appropriate, and found that test results
using the EN 16890 protocol could be
difficult to interpret. Other ASTM
members disagreed, stating that the AS/
NZS 8811.1 protocol did not produce
E:\FR\FM\15FER2.SGM
15FER2
lotter on DSK11XQN23PROD with RULES2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
consistent results and the EN 16890
protocol was more appropriate. ASTM
members did not provide supporting
evidence for this conclusion. ASTM
members agreed to test and compare
results using both protocols after the
February 16, 2021 meeting.
At a June 10, 2021 subcommittee
meeting, several ASTM members
reported that they had conducted testing
using one or both of the firmness
protocols, and they repeated the
assertion that the EN 16890 protocol
should be favored. One member stated
that the AS/NZS 8811.1 protocol results
could be inconsistent if the test was not
conducted on a flat surface.56 ASTM
members provided no detailed test
results, and none were discussed at this
meeting.
For the NPR, staff compared the AS/
NZS 8811.1:2013 and EN 16890, section
8.2.3 test protocols for firmness, and
they found that the AS/NZS
8811.1:2013 test method was more
stringent.57 CPSC staff came to this
conclusion after comparing test results
obtained using each protocol on 11 fullsize crib mattresses. Only one mattress
failed the firmness tests outlined in each
standard. The mattress was a two-stage
mattress, indicating it had a firmer side
intended for infants and a softer side
intended for toddlers. Both sides of the
mattress failed the AS/NZS protocol.
The mattress failed the EN 16890
protocol only on the ‘‘toddler’’ side,
which is intentionally made softer.
Additionally, for the NPR staff found
that the AS/NZS 8811.1:2013 test
protocol is more repeatable and is easier
to discern when a mattress does not
meet the performance requirements, as
compared to the EN16980 method.
Some ASTM members and public
comments stated that the AS/NZS
8811.1:2013 test protocol does not
provide consistent test results, but they
have not provided evidence to support
this conclusion. Staff’s testing has not
indicated any such issues. Some ASTM
members agreed with staff’s assessment
of AS/NZS 8811.1:2013, and some
public comments, reviewed in section
VII of this preamble, supported the use
of AS/NZS 8811.1:2013 to determine
whether a mattress was too soft.
Accordingly, to address mattresses that
are too soft, for the draft final rule, the
Commission will finalize the rule, as
proposed, by adding a test for mattress
firmness for all crib mattresses within
the scope of the standard, based on
56 Stitching patterns often contribute to uneven
surfaces on crib mattresses.
57 See NPR at 85 FR 67913–14 and 67918 for a
discussion of the AS/NZ 8811.1:2013 test for
mattress firmness.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
sections 6 and 8 in the AS/NZS 8811.1
mattress firmness test.
10. Hazard Pattern—Multiple
Contributing Factors
Multiple contributing factors
accounted for 11 percent (15 out of 139)
of fatal and 5 percent (19 out of 355)
nonfatal incidents, including two
nonfatal incidents identified since the
NPR. Examples of contributing factors
are: Entrapment between the mattress
and crib bumper pads, limb entrapment
between the mattress and a crib rail, crib
occupant usage of a swaddle, sharing of
the crib with another infant, and
congenital or recent health conditions of
infants. ASTM F2933–21 adequately
addresses these hazards in the general
requirements sections. ASTM F2933–21
also addresses these hazards with safety
information requirements, but these
requirements are inadequate. Tab D of
Staff’s Final Rule Briefing Package, and
section VI.B of this preamble, outline
the human factors assessment of the
ASTM F2933–21 requirements for safety
information and the modifications
required in this final rule. As proposed
in the NPR, the Commission is
finalizing the rule with revised safety
information to address this hazard.
11. Hazard Pattern—Other
Two percent (6 out of 355) of nonfatal
incidents involved miscellaneous other
issues associated with a crib mattress.
Staff did not identify any new incidents
since the NPR. Reports include: A blade
found in a crib mattress; an infant’s arm
‘‘tangled in a crib mattress’’; an infant
‘‘slipped on a crib mattress,’’ causing a
slat entrapment; an infant’s arm ‘‘stuck
on a crib mattress’’; a crib mattress is too
thick; 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. Foreign objects are
generally not addressable in product
standards. For three of these incidents,
staff could not determine the exact
cause of the incident, or whether ASTM
F2933–21 was the appropriate standard
to address the hazard. ASTM F2933–21
warning label requirements include a
statement that says to place infants on
their backs to sleep, and to ‘‘only use
sheets and mattress pads designed
specifically for crib mattresses.’’
B. Adequacy of Marking, Labeling, and
Instructions 58
Universally, labeling experts view
warning about a hazard as less effective
58 The NPR contained an explanation of the
proposed modifications to the warnings associated
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
8655
at addressing hazards than 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 design-based
approaches, because the effectiveness of
the warning 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: 59
• 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 specifies
requirements for marking and labeling
for full-size crib mattresses, non-fullsize crib mattresses, and after-market
mattresses for play yards and non-fullsize cribs. In the NPR, the Commission
stated that, based on CPSC staff’s
examination of literature, incident data,
and consumer feedback, the crib
mattress warnings specified in ASTM
F2933–19 did not adequately address
these warning elements regarding the
identified hazards. Although the
standard contained warnings pertaining
to infant positioning, soft bedding, and
gap entrapment, the wording and
formatting of the warning message
needed to be improved to communicate
the hazards effectively.60 The
Commission’s NPR recommended the
following changes to the safety
information requirements specified in
ASTM F2933–19:
• Clarifying the definition of
‘‘conspicuous’’ in section 3,
Terminology;
with crib mattresses. 85 FR 67918–21. 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. Staff’s Final Rule Briefing Package at
Tab D explains the clarifications made in the final
rule, compared to the NPR.
59 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.
60 The NPR discusses safety information
inadequacies at 85 FR 67918–21.
E:\FR\FM\15FER2.SGM
15FER2
8656
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
• Improving marking and labeling
requirements in section 7, Marking and
Labeling; and
• Adding instructional literature
requirements in a new section 8,
Instructional Literature.
The NPR explained that CPSC staff
considered incident data,61 results from
survey 62 and focus group research,63
relevant literature,64 requirements in
ANZI Z535.4,65 recommendations from
the ASTM Ad Hoc Language Task
Group,66 and suggestions from other
stakeholders participating in the ASTM
F15.66 subcommittee on crib mattresses
and the greater ASTM F15 committee on
consumer products.67 Since the NPR
published, CPSC received comments
from the public pertaining to the NPR’s
safety information requirements.
Section VII of this preamble contains
comment summaries and the
Commission’s responses. Two of the
comments requested that staff continue
collaborative efforts with ASTM to
address weaknesses in safety
information requirements for crib
mattresses. Below we describe
warnings-related ASTM activities and
61 The ESHF memorandum in CPSC staff’s NPR
briefing package details staff’s findings regarding
the prevalence in incident data of infant prone
positioning, soft bedding, and mattress size/corner
gaps.
62 The 2014 ‘‘Durable Nursery Products Exposure
Survey (DNPES): Final Summary Report,’’ by
Westat, details the findings of a survey conducted
in 2013, which collected information about durable
infant and toddler products.
63 The 2019 ‘‘Consumer Product Safety
Commission (CPSC): Caregiver Perceptions and
Reactions to Safety Messaging Final Report’’ (Safety
Messaging Report) by Fors Marsh Group,
summarizes focus group research and a literature
review pertaining to safe sleep practices in various
products, including cribs and play yards.
64 For example, Joyner et al. (2009) as cited in the
Safety Messaging Report, posited that caregivers are
likely to trust implicitly the safety of products
under the misconception that if a product is sold
to the public, then it is likely safe to use. Staff finds
this common misconception particularly likely with
regards to infant products; the greater vulnerability
of infants to product hazards is likely to support the
expectation of caregivers that infant products are
designed to be safe.
65 ANSI Z535.4, American National Standard for
Product Safety Signs and Labels, is the primary U.S.
voluntary consensus standard for product safety
signs and labels.
66 ASTM juvenile products standards have begun
adopting ‘‘Ad Hoc’’ recommendations since 2016,
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.
67 Since May 2018, CPSC staff has been
participating in ASTM F15.66 to address the
identified hazards. Subcommittee members include
manufacturers, safety and health advocacy groups,
and other critical stakeholders. Changes to ASTM
F2933 proposed by ASTM F15.66 have been
balloted by ASTM F15 (see discussion of ASTM
Ballot F15 (21–02), below).
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
changes in the final rule intended to
further improve the safety of crib
mattresses. Appendix A to Tab D of
Staff’s Final Rule Briefing Package
contains a side-by-side comparison of
the NPR, ASTM’s latest
recommendations, and the final rule.
1. ASTM Subcommittee Activities and
ASTM F2933
After the NPR published, staff
continued to work with ASTM F15.66 to
address deficiencies in the safety
information requirements in ASTM
F2933. ASTM F15 balloted revised
sections of the standard, closing on
April 12, 2021. The ballot, F15 (21–02),
addressed safety information
requirements in item 13, Revision of
F2933–2019 Consumer Safety
Specification for Crib Mattresses
WK72077. The ballot item received
three negative votes, two of which were
administrative. One negative vote,
submitted by CPSC staff on April 6,
2021, included a letter identifying
deviations from the NPR.68 On June 9,
2021, ASTM F15.66 reviewed staff’s
letter, and voted on whether the letter
was persuasive. Several attendees
shared rationales for some of the
substantive deviations from the NPR,
which we discuss below.
ASTM members stated that the NPR
includes SIDS (Sudden Infant Death
Syndrome) in the hazard identifier (i.e.,
‘‘SIDS AND SUFFOCATION
HAZARDS’’), which in the balloted
version reads: ‘‘SUFFOCATION
HAZARD.’’ In addition to requesting
rationale for this incongruity, staff asked
ASTM F15.66 to discuss a public
comment on the NPR, which
recommends making the hazard
identifier active; i.e., ‘‘Help Prevent
SIDS and Suffocation.’’ Several ASTM
members argued that the hazard
identifier should remain as balloted to
keep the focus on the suffocation
hazard, which they believed to be the
most important message. ASTM
members also claimed that SIDS is
already well known, and therefore, it
does not need to be included in the
hazard identifier. As discussed in Staff’s
NPR Briefing Package and staff’s ballot
letter, the Commission agrees with staff
that it is important to include ‘‘SIDS’’ in
the hazard identifier for numerous
reasons, including the following: (1)
SIDS, in addition to suffocation, is cited
frequently in reports of fatal incidents;
(2) several statements in the warning
label address the SIDS hazard; and (3)
SIDS, by definition, is a poorly
understood hazard, and consumers are
68 See Appendix B to Staff’s Final Rule Briefing
Package.
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
more likely to read the warning message
if they know it includes actions by
which to limit the risk of SIDS.69
The NPR prioritized the prone sleep
message, ‘‘ALWAYS place baby on back
to sleep to reduce the risks of SIDS and
suffocation,’’ directly after the hazard
identifier. In ASTM’s balloted version,
this message appears much lower in the
warning label. Several ASTM members
argued that addressing the suffocation
hazard involving soft bedding needs to
be the primary thrust of the warnings,
and that the prone sleep message should
be lower in the warning. The
Commission’s prioritization of the prone
sleep message, which is supported by a
public comment, is important for
communicating to consumers the most
common hazardous use pattern that staff
observed in fatal crib mattress incidents.
As detailed in Tab B of Staff’s Final
Rule Briefing Package, and Tab A of
Staff’s NPR Briefing Package, the
majority of the deaths involved prone
positioning, often with no other known
contributing factors. The prone sleep
message needs to be communicated
foremost, and the likelihood that
consumers will see this critical message
will be improved by placing it at the top
of the warning label. Prioritizing the
prone sleep message will not make it
less likely that consumers will read and
follow the messages pertaining to
suffocation from soft bedding, which are
emphasized in the label, because the
prone sleep message is followed by a
suffocation-specific heading (i.e.,
‘‘Babies have suffocated’’) and several
statements, including bulleted points,
about soft bedding. The arrangement of
warnings in the final rule increases the
likelihood that consumers will be made
aware of the SIDS and suffocation
hazards in the event that they read only
the first half of the label.
The NPR included the following
additional requirements for after-market
mattresses for rigid-sided, rectangular,
non-full-size cribs: (1) All warnings
added by the original manufacturer in
addition to those required by this
standard; (2) assembly/attachment
instructions that were provided on the
original mattress; and (3) the brand(s)
and model(s) number(s) of the
product(s) in which the mattress is
intended to be used. In ASTM’s balloted
version, these requirements apply only
to mesh/fabric-sided products and rigidsided non-rectangular products. Several
ASTM members argued that these
warnings are not suitable for after69 Detailed in the NPR package, SIDS is a
subcategory of SUID that refers to infant deaths that
cannot be explained after a thorough case
investigation.
E:\FR\FM\15FER2.SGM
15FER2
lotter on DSK11XQN23PROD with RULES2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
market mattresses for rigid-sided,
rectangular products, claiming that
there are standard sizes for rigid-sided
rectangular products. CPSC staff advises
that this claim is not factual; excluding
full-size cribs, there are no official
standardized interior dimensions of
rigid-sided, rectangular non-full-size
cribs. ASTM F406–19, the applicable
mandatory standard, requires only that
the interior length dimension is either
greater than 55 in. (139.7 cm) or smaller
than 49–4 in. (126.3 cm), and/or the
interior width dimension is greater than
30 8 in. (77.7 cm) or smaller than 25–
8 in. (64.3 cm). Considering that this
subsection of the rule excludes full-size
cribs, the final rule includes the NPRproposed language, thereby ensuring
that consumers see the additional
information for after-market mattresses
for rigid-sided, rectangular, non-full-size
cribs.
The NPR included requirements for
instructional literature. These
requirements are consistent with
recommendations from the ASTM Ad
Hoc Language Task Group. Several
ASTM members argued that instructions
are unnecessary for crib mattresses,
alleging use of the products is intuitive
and that relevant information is
provided in the on-product labels. In
addition to aligning with Ad Hoc
recommendations, given the
significance of the hazards, it is
important to incorporate another
medium, i.e., instructional literature, by
which to communicate the SIDS and
suffocation hazards to consumers. The
NPR demonstrated through incident
data and research involving surveys and
focus groups that consumers continue to
use crib mattresses in ways contrary to
the proposed safety information. Given
the inherent limitations of safety
information, which depends on
persuading consumers to behave
differently and perhaps inconveniently
(such as repositioning a sleeping infant),
multiple mediums are critical to
communicate hazard-avoidance
behaviors to consumers to motivate
consumer actions.
In a June 9, 2021 ASTM meeting, staff
raised additional concerns, including
the following: (1) The word ‘‘product’’
was used in the ASTM balloted item to
refer to both crib mattresses and
structures (cribs, non-full-size cribs, and
play yards); and (2) the ASTM balloted
item used ‘‘should’’ instead of ‘‘shall’’ in
reference to required labeling specifying
maximum gaps between the mattress
and product sides, and that the
reference was made in a ‘‘Note,’’ which,
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
by definition, is not mandatory.70 The
ASTM subcommittee agreed that these
additional concerns were valid, but
determined that the ballot should not be
delayed, and that further improvements
would be considered in the future.
Subcommittee voting members voted on
whether CPSC staff’s negative was nonpersuasive, and the motion passed with
11 affirmatives, one negative, and six
abstentions. The full F15 committee
upheld the subcommittee’s nonpersuasive finding on August 2, 2021
(ballot F15 (21–05), item 8). Therefore,
a further revision of ASTM F2933–21
was approved on September 1, 2021,
and CPSC expects the revision will be
published around the end of September
2021. However, this future revision will
remain inconsistent with the final rule,
and for the reasons detailed in this
preamble and Tab D of Staff’s Final Rule
Briefing Package, the Commission will
not include ASTM’s revision in the final
rule.
ASTM included the following
additional deviations in the ballot (F15
(21–02), item 13), which were not
sufficiently discussed in the June 9,
2021 meeting, and the Commission did
not receive direct comments on the NPR
pertaining to these deviations. However,
consistent with comments on the NPR,
which requested that CPSC consider
ongoing ASTM activities, we assessed
whether these deviations added to the
safety of crib mattresses. One such
deviation was placement of the
following warning message lower in the
label than in the NPR: ‘‘DO NOT cover
the faces or heads of babies with a
blanket or over-bundle them.
Overheating can increase the risk of
SIDS.’’ Staff advises that this important
warning should not appear towards the
bottom of the label, located below a
detailed explanation of how to identify
hazardous gaps. The label already
includes a warning pertaining to gaps
above this warning about overheating,
and staff reiterates the importance of
addressing the hazardous uses early on
in the label, as text lower in the label
is less likely to be read. Additionally,
the warning label layout proposed in the
NPR positions the gap measurement
message directly above the related
interior dimensions message for cribs,
and closer to other required statements
pertaining to product size.
ASTM’s balloted item also deviated
from the NPR regarding the packaging
requirements. The NPR-proposed
packaging requirements incorporated
recommendations from the ASTM Ad
70 See Ballot F15 (21–02), item 13, note 7 in
Appendix A to Tab D of Staff’s Final Rule Briefing
Package.
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
8657
Hoc Language Task Group. The ASTMballoted packaging requirements expand
on these Ad Hoc recommendations,
including product-specific clarifications
and incorporating formatting
requirements from section 7.4 of ASTM
F2933–21. After further consideration,
CPSC agrees that some of these changes
may further improve the safety of crib
mattresses, while other changes are
merely editorial and do not add to the
safety of crib mattresses. Accordingly,
the final rule continues to align with the
ASTM Ad Hoc committee’s
recommendations for packaging
requirements.
2. Final Rule Warnings Clarifications
As requested in comments on the
NPR, staff continued efforts with ASTM
to further improve the safety
information requirements for crib
mattresses. Based on these
communications and ASTM F15’s
balloted changes to safety information to
be incorporated into ASTM F2933–21,
the final rule includes modifications to
safety information, to further reduce the
risks of death and serious injury
associated with crib mattresses.
Appendix A to Tab D of Staff’s Final
Rule Briefing Package contains a redline
of all modifications in the final rule.
• In section 3.1.2, changed
‘‘conspicuous, adj—visible while the
mattress is being placed in its intended
use position,’’ to ‘‘conspicuous, adj—
visible when the mattress is being
handled by a consumer placing the
mattress in its intended use position in
a product.’’ This change aligns with the
latest consensus ballot by ASTM F15,
and clarifies the intended meaning of
‘‘conspicuous’’ in the NPR-proposed
language, that the warning should be
conspicuous to the consumer.
• In section 7.4.6.2, changed ‘‘The
text in each column needs to be
arranged in list or outline format, with
precautionary (hazard avoidance)
statements preceded by bullet points,’’
to ‘‘The text in each column should be
arranged in list or outline format, with
precautionary (hazard avoidance)
statements preceded by bullet points.’’
This change, from the mandatory
language of ‘‘needs to’’ to the
recommended language of ‘‘should,’’
aligns with the latest recommendations
from Ad Hoc and the consensus ballot
by ASTM F15. This change recognizes
the importance of providing
manufacturers with flexibility in
arranging the bulleted hazard avoidance
statements based on mattress-specific
requirements, where appropriate.
• In section 7.5, changed ‘‘The blank
in the mattress fit statement beginning
with ‘If a gap is larger than,’ needs to be
E:\FR\FM\15FER2.SGM
15FER2
8658
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
filled with ‘13⁄8 in. (3.5 cm)’ for full-size
crib mattresses and ‘1 in. (2.5 cm)’ for
all other mattresses,’’ to ‘‘The blank in
the mattress fit statement beginning
with ‘If a gap is larger than,’ needs to be
filled with ‘11⁄2 in. (3.8 cm)’ for full-size
crib mattresses and ‘1 in. (2.5 cm)’ for
all other mattresses.’’ This change for
full-size crib mattresses from 13⁄8 inches
to 11⁄2 inches aligns with the latest
consensus ballot by ASTM F15. This
change results in a minor conflict
between the warning message and the
maximum gap afforded by the
performance requirements (i.e., a
conflict of 1⁄8 in.); however, CPSC agrees
with ASTM F15.66, which determined
by consensus the following: The
difference of 1⁄8 inch is unlikely to
reduce the safety of full-size crib
mattresses, the conflict is unlikely to
confuse consumers (they are unlikely to
be familiar with the requirements in the
standard), and the new measurement
(11⁄2 in.) is more tangible for consumers
to estimate, thereby, increasing the
likelihood of consumers attempting to
measure, and accurately measuring,
gaps between the full-size crib mattress
and side walls of the full-size crib.
• In section 7.5.3, changed
‘‘Manufacturers are permitted to include
additional warnings between the
warnings specified in 7.5 and 7.6 if
desired,’’ to ‘‘Additional manufacturer
warnings are permitted between the
warnings specified in 7.5 and 7.6, if
desired.’’ This editorial change clarifies
further the allowance in the rule, and it
is consistent with the latest consensus
ballot by ASTM F15.
• Section 7.8 includes several
changes to the requirements for retail
packaging, as specified in Appendix A
to Tab D of Staff’s Final Rule Briefing
Package. These changes take into
consideration the latest consensus ballot
by ASTM F15, and further improve the
safety of crib mattresses by: (1)
Incorporating formatting requirements
from section 7.4, and (2) clarifying the
warnings and statements required for
specific mattress types.
• Renumber Figures 7–10 to Figures
8–11. This shift in numbering accounts
for an additional figure added to ASTM
ASTM Ballot Fl5 (21-02) #13
Full-Size Crib Mattress Warning
NPR Pcoposed
Full-Size Crib Mattress Warning
F2933–21, Section 6, as part of the final
rule, as discussed in Tab C of Staff’s
Final Rule Briefing Package.
• For Figure 10, now renumbered as
Figure 11, changed the caption from
‘‘Example of Warning Label for AfterMarket Mattress for Rigid-Sided
Rectangular Products. Items italicized in
brackets are to be added as appropriate.
The blanks are to be filled in as
appropriate,’’ to ‘‘Example of Warning
Label for After-Market Mattress for
Rigid-Sided, Rectangular, Non-Full-Size
Cribs. Items italicized in brackets are to
be added as appropriate.’’ This change
provides an important clarification that
the example is not for full-size crib
mattresses; full-size crib mattresses have
a different warning label than these
products.
To illustrate the changes to the
warning labels, Figure 3 below shows a
comparison of warning label examples
from the NPR-proposed label, the latest
consensus ballot label to be
incorporated into ASTM F2933–21, and
final rule warning labels for full-size
crib mattresses.71
Draft Final Rwe
Full-Size Crib Mattress Warning
SIDS AND SUFFOCATKJN HAZAIIIDS
SUFFOCATION HAZARD
SIDSAIIDSUFFOCATKJNHAZARDS
ALWAYS l)lace baby Oil back 1o sfeeplo reduce 1he
risks of SIDS and sulfocalion.
8atJies have lllllful:ated:
ALWAYSl)lace baby Oil llacklosleep1o reduce Ille
risks of SIDS and suffoc-alion.
8atJies have lllllful:ated:
•
oomforleis, and exllll padding
in gaps bellNleen a Wlllll!l-.
<11'1 pillows, oomforlelS, and exlra padding
in gaps bellNleen a Wlllll!l--sire mallress, er
exlra padding, and Mils of pmdud.
NEVER add soll -ing, padding, oran exlra
mallress.
ONLY USE one mahss al a time.
USE ONLY one mahss al a time.
8atJies have lllllful:ated:
ALWAYS check mallress Iii evay time you change
Ute "'""'1s by pusling milllress ight ID one comer.
look fOr 11111' gaps lie mallress and the side
wals. lfagap is larger flan 1.5 in {3.8 cm), do not
use Ille mallress.
ALWAYS l)lace baby Oil back lo sleep 1o reduce 1he
risks of SIDS and sulfocalion.
NEVER add soll -ing, ..-,g, oran exlra
mallress.
USE ONLY one mallress al a time.
DO NOTcaverlhefacescr-ofballies- a
lllankel or over-llunlte lllem. O V e ~ can
increase !he risk of SIDS.
DO NOT caverlhe faces er heads ofballies- a
lllankel or over bundle !hem. Owmealing can
increase !he risk of SIDS.
ALWAYS check mallress lilevay time you change
!he lllleets, by pusling milllress ight lo one comer.
look fllr any gaps baween lhe malbess and lhe wals. If a gap is larger flan 1 ½ in. (3.8 cm). 1he
mallress does not Iii -do not use ii.
DO NOT use Ibis mallress in a clib hamg inlerior
dimensions hi! eooeed 2i8 5S by 53 in. (73 by 135
cm) as..........,.. limnlhe innemloslsurfaces oflhe
crib.
DO NOT uselhis mallress in a crib having_
dimensions hi! ffllllOed ~ by 53 in. (73 by 135 cm}
as measuredlimn Ille ilWlermosl ...races oflhe crl>.
USE ONLY sheels and mallress pads designed
specilicaly for clib malllresses.
ONLY USE sheels and mallress pads designed
specilicdy for clib malllresses.
USE ONLY sheels and mallress pads designed
specilicdy for clib malllresses.
DO NOT rerlllNIO llese impodanl safely wamings.
DO NOT rerlllNIO llese impodanl safely insbuclillns.
DO NOT rerlllNIO lhese impmlanl safely wamings.
lotter on DSK11XQN23PROD with RULES2
VII. Response to Comments
The Commission received 13
comments on the NPR before the
comment period closed on January 11,
2021, and two late-filed comments, in
71 See Appendix A to Tab D of Staff’s Final Rule
Briefing Package, Figures 10 and 11, for examples
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
July and September 2021. You can
access comments by searching for
docket number CPSC–2020–0023 at
http://www.regulations.gov. The
comments fell into several broad
categories: (1) Testing requirements and
modifications; (2) after-market mattress
fit for play yards; (3) improving
communication to caregivers; and (4)
procedure. Below we summarize and
respond to the comments by topic.
of the draft final rule warnings for non-full-size crib
mattresses and after-market mattresses for play
yards and non-full-size cribs.
PO 00000
Frm 00020
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.002
Figure 3. Examples ofNPR-proposed (left), ASTM-balloted (middle), and draft final rule (right) warning labels for
full-size crib mattresses. These labels are not shown in actual size.
lotter on DSK11XQN23PROD with RULES2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
A. Testing Requirements and
Modifications
Comment 1: Commenters generally
supported requirements for cyclic
testing of full-size coil spring
mattresses, but they encouraged
continued work with ASTM to address
outstanding issues.
Response 1: Requirements in the final
rule for cyclic testing of full-size coil
spring mattresses are based on staff’s
work with the ASTM cyclic testing task
group before the NPR. Since the NPR
published, staff continued to work with
the task group to develop this test. The
task group last met on December 9,
2020. Public comments specifically refer
to ASTM work to further define
requirements for support of the
plywood/oriented strand board (OSB)
mattress support board, and to further
clarify how the test method can allow
for dual-sided mattresses. Staff advises
that they generally agree with these
comments. However, the task group’s
work has not been balloted, and any
updates to the test procedure since the
December 2020 meeting have not been
made available to staff for review.
Therefore, for the final rule, the
Commission is updating the cyclic test
method by clarifying that the test
method should be performed on each
side of the mattress, using different
mattresses, to address how the test
should proceed with dual-sided
mattresses. The Commission does not
have enough information to proceed
with any changes to the mattress
support board. Should ASTM propose
any updates to the test method in the
future, the update process under Public
Law 112–28 provides a method for the
Commission to consider whether a
revised test method improves the safety
of crib mattresses.
Comment 2: The CPSC received
several comments related to the
proposed corner gap test using a twicewashed fitted sheet, including: (1) That
there should be a shrinkage performance
requirement for a sheet, in lieu of testing
mattresses with a shrunken sheet; and
(2) that each mattress corner should be
subjected to a certain, unspecified force
or pressure before measuring the
subsequent gap, instead of using a
shrunken sheet. One commenter
suggested that issues with sheets not
fitting appropriately are better
addressed by the ASTM infant bedding
subcommittee. A commenter stated that
as currently written, the test
methodology may result in inconsistent,
variable test results across testing labs
and settings, because sheets can vary in
quality and sizing. The same commenter
also said the testing methodology may
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
penalize full-size crib mattresses
designed with greater-than-nominal
dimensions.
Response 2: Staff advises that issues
with sheets shrinking or not fitting fullsize-crib mattresses are appropriate for
the infant bedding subcommittee. The
ASTM infant bedding subcommittee has
formed a task group, which held its
initial meeting on March 22, 2021. CPSC
staff is a member of the task group and
participated in the initial meeting. CPSC
staff will continue working with the
ASTM infant bedding subcommittee to
develop appropriate performance
requirements for fitted sheets. Once that
work is complete, staff can work with
the ASTM crib mattress subcommittee
to refer to new requirements for sheets,
if appropriate. Staff’s work with the
ASTM infant bedding subcommittee
will also help resolve concerns about
inconsistent test results due to
variability in sheet quality and sizing.
The Commission encourages test
laboratories to identify cotton sheets
that are the appropriate size for the
mattress to be tested.
Addressing the fact that sheets shrink,
however, does not address the issue of
mattresses that do not hold their shape
when sheets are applied. Therefore, the
final rule contains a test for potentially
hazardous gaps created when sheets are
placed on a crib mattress. Staff advises
that the ASTM subcommittee created a
task group to work on creating a test that
uses an appropriate force to apply to
crib mattress corners, to simulate sheets,
which could create a more repeatable
test and more consistent results.
However, CPSC received no comments
or test data to support a test protocol, or
an appropriate force. As noted in the
NPR, foam mattresses and innerspring
mattresses have different compressive
behavior when a sheet is placed on
them, resulting in inconsistent forces to
replicate sheet behavior. Staff will
continue to work with the ASTM
subcommittee and task group, and if
ASTM should publish a voluntary
standard with a revised compression
test, CPSC can evaluate the updated
voluntary standard under the revision
process pursuant to Public Law No.
112–28.
For the final rule, in response to
comments, the Commission will revise
the method of measuring for the
compression test. Staff advises that the
methodology proposed in the NPR may
be overly restrictive for full-size crib
mattresses designed to be greater-thannominal dimensions, because the test
method assumed that every mattress
would have the 1-inch maximum
allowable gap between the crib and the
crib mattress, regardless of size.
PO 00000
Frm 00021
Fmt 4701
Sfmt 4700
8659
Commenters state that this assumption
is overly restrictive for mattresses that
were designed to fill the space between
the crib and crib mattress. Accordingly,
to address this comment, the final rule
modifies the measurement method in
the test procedure, such that the corner
gap is measured from a projected crib
corner.
Comment 3: Several commenters
expressed opinions regarding the
mattress firmness test proposed in the
NPR. Overall, it appeared that industry
prefers the mattress firmness test in the
ISO 23767 standard, Children’s
furniture—Mattresses for cots and
cribs—Safety requirements and test
methods, over the proposed mattress
firmness test based on the AS/NZS
8811.1:2013 standard, Methods of
testing infant products—Method 1:
Sleep Surfaces—Test. Consumer groups
expressed support for the test based on
AS/NZS 8811.1:2013. One consumer
group submitted an undergraduate
engineering report describing a potential
new test fixture for consideration, but
the submission did not include
additional information, such as test
protocols and performance criteria.
Response 3: The Commission agrees
with commenters who support a
firmness test that would address the
suffocation hazard associated with
excessively soft mattresses. Although
several commenters expressed support
for specific tests, none of the
commenters provided testing data to
support the use of one test protocol over
another. In the NPR, CPSC compared
the AS/NZS 8811.1:2013 and the ISO
23767 test protocols 72 for measuring
mattress firmness, and found that the
AS/NZS 8811.1:2013 test method was
more stringent because it resulted in
failures on more test surfaces.
Additionally, although the Commission
appreciates the work to develop a test
fixture that can be used to compare
mattress firmness, the undergraduate
engineering report offers no
performance criteria by which to judge
the results.
Accordingly, based on the available
data, the Commission will finalize the
crib mattress rule, as proposed, by
requiring use of a firmness test based on
the requirements in AS/NZS
8811.1:2013 test for mattress firmness.
CPSC staff continues to work with the
ASTM subcommittee to investigate
firmness requirements, as discussed in
section VI.A of this preamble and Tab
C of the Staff Final Rule Briefing
72 The ISO 23767 test protocol is the same as the
EN 16890:2017, Children’s Furniture—Mattresses
for Cots and Cribs—Safety Requirements and Test
Methods, section 8.2.3 firmness test protocol.
E:\FR\FM\15FER2.SGM
15FER2
8660
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
Package. If ASTM updates the voluntary
standard to include a different mattress
firmness test, and the revision is based
on supporting data, ASTM can provide
to the Commission the updated standard
and supporting data for evaluation
through the update process, pursuant to
Public Law 112–28.
B. After-Market Mattress Fit for Play
Yards
Comment 4: One commenter stated
that having standard-sized play yards
and mattresses could help to address
mattress fit issues, similar to the method
employed by full-size cribs and full-size
crib mattresses.
Response 4: The play yard and nonfull-size cribs voluntary standard
(ASTM F406–19, incorporated by
reference into 16 CFR parts 1220 and
1221) currently does not contain
provisions requiring the products to be
of a standard size. We further note that
the commenter did not provide a
proposal for a specific size or range of
sizes that would be necessary for such
a requirement, and the NPR did not
discuss standardizing sizes for play yard
mattresses; nor did it solicit comment
on the issue. Therefore, changes to play
yard mattresses in 16 CFR part 1220 are
outside the scope of this specific
rulemaking on crib mattresses. The
commenter should pursue this idea with
the ASTM F15.18 subcommittee on play
yards.
Comment 5: A commenter requested
that the Commission set a minimum
thickness for play yard mattresses to
reduce the likelihood consumers would
find a mattress too thin and add
hazardous padding. The same
commenter requested that the
Commission delay finalizing the rule
until a task group organized by the
ASTM play yard subcommittee, the play
yard mattress fit and thickness task
group, completes their work.
Response 5: Regarding the request
that the Commission set a minimum
thickness for play yard mattresses, we
note that CPSC staff expressed similar
concerns with consumer perception of
mattress thickness/comfort in the
briefing package on Petition CP 15–2,
stating, ‘‘Because incident data
demonstrate that consumers perceive
play yard mattresses to be
uncomfortable, and then place
additional soft bedding in infant sleep
environments, CPSC staff does not
recommend banning supplemental
mattresses.’’ However, based on staff’s
advice, we believe that setting a
minimum mattress thickness would not
address the resilience of a mattress,
which is not based on thickness alone,
but also on the density of underlaying
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
foam. For example, staff advises that
they are aware of bassinet mattresses
that meet the thickness limit, but are
dense enough not to ‘‘bottom out’’ on
the hard backer-board, which supports
that a denser foam pad could also
address consumer complaints.
Regarding the work of the play yard
fit and thickness task group, this work
is ongoing and has neither reached
consensus in the task group, nor been
balloted. Staff has also voiced concern
that this task group is focused on
identifying the gap size between the
mattress and the flexible play yard side
while the play yard side is in a resting
position, while staff believes the focus
should be on a test that accounts for the
flexible nature of play yard sides to
create a three-dimensional pocket from
the existing gap. Staff remains engaged
in efforts to address mattress thickness.
Work on the play yard standard is
outside the scope of this rulemaking,
and therefore, that work should not
delay the current rulemaking for crib
mattresses. If, in the future, F406 is
updated to address the work of the fit
and thickness task group, then ASTM
can notify the Commission under the
provision in Public Law 112–28, and the
Commission will evaluate the potential
effect on the safety of play yard
mattresses.
Comment 6: Some commenters who
manufacture crib mattresses objected to
allowing after-market mattresses for
play yards because all play yards are
sold with a mattress designed for use
with the play yard. One manufacturer
questioned the safety and necessity of
after-market mattresses.
Response 6: In 2015, the Commission
docketed a petition to ban supplemental
mattresses for play yards. In response to
that petition, the Commission directed
staff to address hazards associated with
supplemental play yard mattresses, as
well as crib mattresses, through
rulemaking under section 104. Staff’s
petition package stated: ‘‘[b]ecause
incident data demonstrate that
consumers perceive play yard
mattresses to be uncomfortable, and
then place additional soft bedding in
infant sleep environments, CPSC staff
does not recommend banning
supplemental mattresses.’’ Although the
Commission understands the concerns
with after-market mattresses that can be
used to supplement an existing play
yard mattress, the Commission can
address the hazard better, by directing
CPSC staff to continue working through
the voluntary standards committees to
address the hazards associated with the
use of after-market mattresses, and
thereafter, incorporate the voluntary
standard into a mandatory standard, to
PO 00000
Frm 00022
Fmt 4701
Sfmt 4700
address both the safety of after-market
mattress and consumers’ perceived need
for after-market mattresses.
Comment 7: Commenters raised
concerns that manufacturers make
numerous, frequent changes in names
and model numbers of play yards,
rendering any list of compatible play
yard models for after-market play yard
mattresses ‘‘out of date as or soon after
it is printed.’’ One commenter stated
that the proposed rule would endorse
misuse and, in effect, contradict the
mandatory warning stipulated in 16
CFR 1221.2(b)(5)(i) that only the OEM
mattress should be used with the play
yard.
Response 7: Although some type of
certificate of compatibility could
address issues with mattress fit and
manufacturer concerns with third party
manufacturers claiming compatibility,
CPSC does not have the authority to
regulate inter-business arrangements,
such as certificates of compatibility.
However, this final rule will require
after-market mattresses to be ‘‘tested
with each brand and model of
product’’ 73 in which they are intended
to be used. In addition, the final rule
will require each mattress to
‘‘specifically identify the brand(s) and
Model(s) numbers of products in which
it is intended to be used.’’ 74
Accordingly, through the requirement in
section 14 of the CPSC, as set forth in
16 CFR parts 1107 and 1110, an aftermarket mattress that complies with this
rule will have third party certification
that it meets the requirements for play
yard mattresses in 16 CFR part 1221,
incorporating ASTM F406.
Because the final rule will require that
an after-market mattress meet the same
dimension and test requirements as the
mattress supplied with the product, and
must be tested and certified to the same
standard, CSPC concludes that there is
likely no safety concern for consumers,
because the testing and certification
require labeling that accomplishes the
same goal. Additionally, because the
labeling may create some confusion
between ASTM F406, section 9.4.2.10
(‘‘Use ONLY mattress/pad provided by
manufacturer’’), and 16 CFR
1221.2(b)(5)(i), the ASTM F15.18 task
group on ad hoc warnings is actively
working to revise this message.
Comment 8: Several commenters
stated that after-market mattresses
should have to meet the same
requirements as OEM mattresses.
Another commenter stated that staff
should continue working with ASTM to
include more performance-based testing
73 ASTM
74 ASTM
E:\FR\FM\15FER2.SGM
F2933–21, section 5.8.1.2.
F2933–21, section 7.5.3.1.
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
for after-market mattresses. Several
commenters supported the revised
requirements for after-market mattresses
developed by the ASTM non-segmented
mattress task group, which were
approved (and now published) in ASTM
F2933–21. A commenter also requested
that the final rule wait until the play
yard fit and thickness task group
completes work.
Response 8: The Commission agrees
that after-market play yard and non-fullsize crib mattresses should meet the
same requirements as OEM mattresses.
The Commission addressed these points
in the NPR, by proposing that aftermarket, non-full-size crib mattresses
meet the same requirements listed for
these products in ASTM F406 section
5.17, Mattress for Rigid Sided Products,
and by proposing that after-market play
yard mattresses meet the ASTM F2933–
19 requirement to have the same
‘‘thickness, floor support structure and
attachment method as the mattress it is
intended to replace.’’ The revisions in
ASTM F2933–21 replace the design
requirement for after-market mattresses
with the performance requirements that
they are tested to, such that after-market
mattresses must meet the same
performance requirements as OEM
mattresses. Additionally, ASTM F2933–
21 requires that after-market mattresses
be ‘‘at least the same size,’’ and the floor
support structure must be ‘‘at least as
thick,’’ as the OEM mattress. CPSC staff
advises that they support these changes
to the standard, which appear to be in
line with comments CPSC received on
the NPR. Accordingly, for the final rule,
the Commission will incorporate by
reference ASTM’s newly revised
voluntary standard, ASTM F2933–21.
The Commission will not delay this
final rule to wait until work is
completed in the play yard
subcommittee on mattress fit and
thickness. Although staff remains
engaged on the play yard task group for
fit and thickness, changes to the play
8661
yard standard are out of scope for this
specific rulemaking on crib mattresses.
Moreover, although the commenter
implied that the play yard fit and
thickness work was nearing completion,
staff advises that the task group is
focused on measuring the gap between
the play yard side and mattress only
along the plane of the top of the
mattress, without accounting for the
flexible nature of fabric or mesh sides.
As described in the briefing package on
the supplemental mattress petition, a
gap alone may not create a hazard if a
three-dimensional pocket cannot form
to entrap an infant. Staff informs that
the task group is generally resistant to
using a probe to identify hazardous
gaps, and instead, is focused on
measuring a gap alone. The figure below
was included in the staff briefing
package on Petition CP 15–2, illustrating
that a one-dimensional measurement
may not achieve the desired hazard
identification.
Figure 4. Illustration of Gap Expansion
Comment 9: One commenter
recommended that the Commission
engage with child safety advocates and
other interested parties to undertake a
coordinated campaign to communicate
to consumers appropriate behaviors that
will enhance the safety of infant sleep.
Response 9: The Commission agrees
that a coordinated campaign to
communicate to consumers the
importance of placing an infant on their
back to sleep without any covering
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
beyond a light blanket would promote
safe infant sleep behaviors for
caregivers. However, the Commission
acknowledges that a warning label
statement on a consumer product
cannot guarantee that consumers will
read, understand, or heed the warning
regarding the hazard.
Comment 10: A commenter
recommended a maximum of three
warning statements on the product, and
provided the suggested language below
(verbatim):
2. Do not add soft bedding (blankets,
pillows, etc) under or over your baby, or
anywhere in play yard. Instead, dress baby in
a wearable blanket or sleep sack to keep them
warm.
3. Use mattress and sheets that fit this
product—Use play yard mattress only. If
mattress is too small, your baby can roll into
gap and suffocate.
For more information, go to www.cpsc.com/
sleepsafety
Save this warning!
[Link above is a placeholder for a functioning
link to more information.]
1. Place your baby on his/her back only.
PO 00000
Frm 00023
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.003
lotter on DSK11XQN23PROD with RULES2
C. Improving Communication to
Caregivers
lotter on DSK11XQN23PROD with RULES2
8662
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
Response 10: Consistent with the
NPR, CPSC agrees with several points
raised by the commenter, including that:
(1) Consumers are less likely to read
lengthy text warnings on familiar
products; (2) it is critical to
communicate successfully to consumers
the hazards related to prone positioning,
soft bedding, and gaps created by illfitting mattresses; and (3) the prone
positioning message needs to be
prioritized. While, in general, staff
advises that warning labels should be as
concise as possible, circumstances
specific to these products and hazards
warrant more information on the labels,
and consumers may not check a website
identified on the label. Hazardous use
patterns associated with products for
infant sleep are common and are likely
to be misunderstood by consumers.
Consumers may not find short warning
statements for crib mattresses
convincing, absent elaboration and
repetition with rephrasing, especially if
the statements contradict the
consumers’ knowledge, expectations,
and experiences. The warning labels in
the final rule begin with clear and
concise statements pertaining to the
typical use patterns involved in SIDS
and suffocation incidents, beginning
with the prone positioning message.
These statements are organized and
worded such that they are more likely
to be seen and understood, and act as
reminders, even if the consumer does
not read the rest of the label. The rest
of the messaging reiterates, rephrases,
and explains the hazards. For example,
consumers must consider and
understand what it means for a mattress
to be ill-fitting. As discussed in Staff’s
Final Rule Briefing Package, a mattress
in an uncompressed state may not
visually produce worrisome gaps; yet,
various factors can cause a compressed
mattress to form hazardous gaps. With
few exceptions, including placing the
prone positioning warning foremost in
the label, the final rule warning label is
consistent with recommendations from
ASTM F15. Tab D of Staff’s Final Rule
Briefing Package, and section VI.B of
this preamble, outline other exceptions.
Comment 11: A commenter
recommended modifying the proposed
hazard identifier from ‘‘SIDS and
SUFFOCATION HAZARDS’’ to ‘‘Help
Prevent SIDS and Suffocation.’’
Response 11: The Commission
declines to adopt the modifications to
the warning label as set forth by the
commenter. Among other concerns, the
comment-proposed hazard identifier
may confuse the consumer viewing the
warning label. The viewer of the label
may infer that the statement, ‘‘Help
Prevent SIDS and Suffocation,’’ is a
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
standalone statement, unrelated to the
rest of the warning message. Use of
‘‘Help,’’ although accurate, may soften
the language, and perhaps, demotivate
the reader. ASTM subcommittee
members do not support the
commenter’s warning approach. During
the ASTM F15.66 subcommittee
meeting on June 9, 2021, attendees
stated that such a change would dilute
the warning message, and opined that
the hazard identifier should remain as
balloted in F15 (21–02) (i.e.,
‘‘SUFFOCATION HAZARDS’’). The
hazard identifier and ballot are
discussed further in Tab D of Staff’s
Final Rule Briefing Package and section
VI.B of this preamble.
Comment 12: A commenter advised
against all-caps lettering to emphasize
words that ‘‘lack concrete meaning,’’
such as ‘‘DO NOT’’ and ‘‘USE ONLY.’’
A commenter posited that this
capitalization will be inferred by the
consumer to mean the adjacent text is
not as important, and therefore, the
adjacent text, which pertains to
hazardous use, will not be read by the
consumer.
Response 12: The Commission
declines to follow the commenter’s
suggestion. Based on staff’s advice, we
conclude that the all-caps lettering used
in the final rule warning label plays an
important role in attracting a
consumer’s attention to the hazardoususe warnings. Recent regulations use
capitalization in this manner: 75 Allcaps lettering is used in the
recommendations from the Ad Hoc
Language Task Group; and all-caps
lettering pertaining to crib mattresses
has been supported in ASTM F15.66
and balloted by ASTM F15 without
objection. For more information on this
ballot, see Tab D of Staff’s Final Rule
Briefing Package and section VI.B of this
preamble.
Comment 13: A commenter advised
the Commission to eliminate warning
statements that can and should be
addressed through performance
standards. The commenter’s point is
provided in the context of a
recommendation to standardize sizes of
play yards and play yard mattress
sheets.
Response 13: The Commission agrees
that performance requirements should
be used instead of warning statements,
where feasible, and that warning
statements should be omitted if they do
75 For example, see the Commission Briefing
Package: Final Rule—Safety Standard for Gates and
Enclosures: https://cpsc.gov/s3fs-public/Final
%20Rule%20-%20Safety%20Standard%20for
%20Gates%20and%20Enclosures.pdf?l
HExt6trsEuD56jiQTi7Ab0TjzdVQ_HH.
PO 00000
Frm 00024
Fmt 4701
Sfmt 4700
not contribute to the safety of the
product. Warnings are inherently
limited in effectiveness, because they
depend fallibly on persuading
consumers to alter their behaviors in
ways to avoid hazards. In contrast,
performance requirements attempt to
reduce or eliminate access to the
hazards. The Commission’s approach is
to make warnings as motivating as
possible, given their inherent fallibility,
and particularly when they must be
used instead of performance
requirements, or when they are used in
a supporting role to performance
requirements that minimize, rather than
eliminate, exposure to hazards.
The commenter is referring to a
separate standard, ASTM F406,
Standard Consumer Safety
Specification for Non-Full-Size Baby
Cribs/Play Yards (incorporated into 16
CFR part 1221), and ongoing activity by
the ASTM F15.18 subcommittee
contributing to that effort, which is out
of scope for the current rulemaking.
However, the Commission encourages
the ASTM F15.18 subcommittee to
develop more effective performance
requirements to reduce the reliance on
warnings.
Comment 14: A commenter stated that
to support the crib mattress warnings,
CPSC should develop pictograms and
evaluate comprehension of pictograms
using the methods outlined in ANSI
Z535.3.
Response 14: Well-designed graphics
may be able to supplement the crib
mattress warnings, such as by increasing
the noticeability of the warnings.
Graphics are also helpful for consumers
with limited or no English literacy.
However, the design of effective
graphics is a complicated matter that
requires comprehension testing with the
target audience. A poorly designed
graphic may have limited or no
effectiveness, and may even elicit the
opposite effect than intended; i.e., a
‘‘critical confusion,’’ in which the
reader infers that s/he should take the
prohibited action to avoid the hazard.
Although CPSC is not opposed to
considering suitable graphics pertaining
to crib mattress warnings, the agency
will not delay the final rule until
suitable graphics are developed.
Comment 15: A commenter
recommended revising the play yard
mattress warning language, as set forth
in the comment, in part, because the
Flesch-Kincaid readability assessment
tool in MS Word indicated the message
required only a ‘‘5.9 grade reading
level.’’
Response 15: For consistency and
comparison purposes, staff used the
Flesch-Kincaid readability assessment
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
tool in MS Word (Microsoft Office
Professional Plus 2019) on the play yard
mattress warning set forth by the
commenter and the final rule label for
after-market mattresses for mesh/fabricsided products.76 Staff found that the
play yard mattress warning urged by the
commenter returned a 5.4 FleschKincaid Grade Level with a reading ease
of 77.1. The final rule after-market
mattress for mesh/fabric-sided products
warning returned a 3.4 Flesch-Kincaid
Grade Level with a reading ease of 80.8.
However, the rating for the final rule
label, as proposed in the NPR, does not
include the product-specific
information to be added:
[All warnings added by the original
manufacturer which are in addition to those
required by this standard.] [Assembly/
attachment instructions that were provided
on the original mattress.] [The specific
brand(s) and model(s) number(s) of the
product(s) in which the mattress is intended
to be used].
lotter on DSK11XQN23PROD with RULES2
Therefore, staff also tested the reading
level for the final rule warning label for
full-size crib mattresses,77 and found it
had a 3.8 Flesch-Kincaid Grade Level
with a reading ease of 77.7. A reading
ease score of 70 to 80 is considered U.S.
7th grade school level, and a score of 80
to 90 is considered U.S. 6th grade
school level. In general, the Commission
prefers for warnings to be at the 6th
grade level or lower, consistent with
literature from Leonard, Otani, and
Wogalter (1999); 78 however, the 8th
grade level is considered ‘‘plain
English.’’ Notably, the Flesch-Kincaid
tool provides an imperfect assessment of
readability, because it considers only
the number of words, sentences, and
syllables, meaning that text with low
reading-level thresholds are not
necessarily more meaningful or
understandable. With few exceptions,
the final rule language is consistent with
recommendations from ASTM F15
(regarding the exceptions, see Tab D of
Staff’s Final Rule Briefing Package).
Comment 16: A commenter stated that
CPSC should determine whether it is
appropriate to add warnings content
regarding fall or strangulation.
Response 16: Based on staff’s advice,
the Commission does not find it
appropriate to add to the crib mattress
warnings content regarding fall or
76 Figure 9 in the Appendix of the ESHF
memorandum of the Commission NPR Briefing
Package on Crib Mattresses.
77 Figure 8 in the Appendix of the ESHF
memorandum of Staff’s NPR Briefing Package.
78 Leonard, S.D., Otani, H., & Wogalter, M.S.
(1999). Comprehension and memory. In M.S.
Wogalter, D.M. DeJoy, & K.R. Laughery (Eds.),
Warnings and risk communication (pp. 149–187).
Philadelphia: Taylor & Francis.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
strangulation. Warnings pertaining to
these hazards are addressed by other
standards, including ASTM F1169,
Standard Consumer Safety
Specification for Full-Size Baby Cribs
(incorporated into 16 CFR part 1219),
and ASTM F406 (incorporated into 16
CFR parts 1220 and 1221). As discussed
by the commenter, adding more
information to the final rule warnings
may dilute the message, resulting in
some consumers being less likely to
read the warnings. Furthermore, ASTM
F15 did not find it appropriate to
include warning content regarding falls
or strangulations. Staff will continue to
monitor the data for evidence that these
additional warnings should be added.
Comment 17: A commenter stated that
the warnings proposed in the NPR are
incompatible with the warnings in
ASTM F406, because the requirements
in the NPR allow after-market
mattresses in play yards, which are not
from the OEM; whereas, ASTM F406
includes warnings to use only the
mattress provided by the manufacturer.
Response 17: The Commission is
aware of the warning labels required by
the separate rules. Although
modifications to warnings in F406 are
outside the scope of this rulemaking for
crib mattresses, we note that the play
yard subcommittee, ASTM F15.18, has
an active task group working to update
the warning section of ASTM F406 to
include the ad-hoc warning
recommendation and to address other
issues. This play yard task group is
actively discussing how to update 79 this
warning message. If the play yard
voluntary standard is revised, the CPSC
will evaluate the revision for inclusion
in the mandatory standard for play
yards through the Public Law 112–28
update process.
Comment 18: A commenter stated that
CPSC should consider the developments
to safety information requirements
discussed in the crib mattress ASTM
task group and subcommittee in the
period between the NPR and final rule.
Response 18: After the NPR was
published, staff continued to work with
ASTM to address deficiencies in the
safety information requirements in
ASTM F2933. The final rule includes
some of the safety information
recommendations from ASTM task
groups and subcommittees, including
subcommittee F15.66, such as the
maximum side gap between a full-size
crib mattress and full-size crib. The final
rule does not incorporate other
suggestions from ASTM members, such
as excluding ‘‘SIDS’’ from the hazard
79 https://www.cpsc.gov/s3fs-public/2021-07-08ASTM-Play-Yard-Ad-hoc-language-meeting.pdf.
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
8663
identifier, and presenting the prone
positioning warning lower in the
warning labels. Tab D of Staff’s Final
Rule Briefing Package contains
additional information.
D. Procedural Comments
Comment 19: Commenters both
supported and opposed the proposed 6month effective date for the final rule.
Some commenters urged the effective
date of a final rule to be as soon as
possible, because additional time for the
rule to become effective would put
infants at risk. Other commenters
requested an indefinite delay of the
rulemaking, until ASTM completes
changes and updates to the voluntary
standard for crib mattresses (ASTM
F2933), and the standard associated
with play yards (ASTM F406).
Response 19: For the final rule, the
Commission will retain the proposed 6month effective date. Crib mattress
suppliers have had lead time to prepare
for the final rule since the NPR was
published on October 26, 2020. Many
crib mattresses within the scope of the
final rule require no change in design to
achieve compliance with the final rule.
Furthermore, 6 months from the change
in a voluntary standard is the time
frame that JPMA uses for its certification
program. Consequently, compliant
manufacturers are used to this time
frame to comply with a modified
standard. Additionally, the Commission
will not wait for completion of work in
the ASTM F406 standard to finalize this
crib mattress rule, because
modifications to ASTM F406 are out of
the scope of this proceeding.
Comment 20: A commenter states that
the NPR is unconstitutional because
CPSC proposed to incorporate by a
reference a voluntary standard, instead
of publishing all of the regulatory text
for the crib mattress rule in the Federal
Register. The commenter asserted that
the CPSC forces the public to pay for
access to the law, thereby offending
‘‘our constitutional structure, due
process, the First Amendment, and
equal protection.’’ The commenter, in
support of their contention that
incorporation by reference (IBR) is
unconstitutional, stated:
• No one can own the law, privatizing
the law is not in accordance with our
form of constitutional government and
grants ASTM a monopoly ownership
over the law;
• Due process under the Fifth
Amendment requires the public to have
free access to the laws that regulate
people or entities, and the NPR
allegedly violates due process by failing
to provide the public with fair notice of
the standard because the commenter
E:\FR\FM\15FER2.SGM
15FER2
lotter on DSK11XQN23PROD with RULES2
8664
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
contends that to view the content of the
voluntary standard, the NPR requires
the public to pay ASTM or to travel to
Bethesda, MD, to see a copy at CPSC
headquarters;
• CPSC is creating a monopoly for
ASTM and forcing the public ‘‘to rely on
the whims of ASTM,’’ whom the
commenter states is a private company
that is incentivized to increase the
prices of its standards, and which harms
consumers more than businesses
because it creates a financial barrier to
accessing product safety standards;
• IBR violates the First Amendment
because it does not allow free
dissemination of the law and discussion
of its contents; and
• IBR violates equal protection of the
laws under the Fifth Amendment
because it gives ASTM members a
preference over non-members, because
ASTM members have access to the
voluntary standard as it is being
developed and during the comment
period, while non-members do not. The
commenter believes that ASTM only
makes the voluntary standard available
to view for free after the public
comment period closes.
Response 20: We disagree that the
regulatory text is behind a paywall and
that the draft final rule is
unconstitutional. As set forth in more
detail below, the commenter’s factual
premise is inaccurate, because the
regulatory text for every CPSC-proposed
rule is printed in the Federal Register.
Additionally, the content of the law is
available to the public, both before and
after the voluntary standard is
incorporated by reference, because the
text of the voluntary standard is
described in detail in the staff’s
proposed rule briefing package, draft
final rule briefing package, and in the
proposed and final rulemaking notices
printed in the Federal Register.
Stakeholders also have access to the text
of the voluntary standard online, for
free, both during the comment period
(https://www.astm.org/CPSC.htm), and
after the rule becomes final (at https://
www.astm.org/READINGLIBRARY/).
Any person can ‘‘disseminate’’ the
proposed rule by citing the Federal
Register, providing a link, or providing
a copy of the notice. Additionally,
anyone can ‘‘disseminate’’ the content
of the voluntary standard by providing
a link to ASTM’s website. Finally,
anyone can participate in ASTM
meetings to develop the voluntary
standard, and CPSC encourages the
public to participate. Although only
ASTM members can vote on a voluntary
standard, ASTM provides discounts on
membership for certain members of the
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
public, such as students. Please contact
ASTM for more information.
Section 104 of the CPSIA directs the
Commission to issue standards for
durable infant or toddler products that
are ‘‘substantially the same as,’’ or more
stringent than, applicable voluntary
standards, if the Commission
determines that more stringent
requirements would further reduce the
risk of injury. In this case, the final rule
would incorporate by reference ASTM
F2933–21, with modifications to make
the standard more stringent, to further
reduce the risk of injury associated with
crib mattresses. Staff notes that staff’s
proposed rule and draft final rule
briefing packages contain a description
of the performance and labeling
requirements in the ASTM standard,
including a side-by-side chart showing
regulatory text and the changes made by
the rule.
With regard to IBR procedures, we
note that ASTM’s voluntary standards
are protected by copyright, which the
Commission (and the federal
government generally) must observe.
The United States may be held liable for
copyright infringement. 28 U.S.C. 1498.
Accordingly, the Commission cannot
violate copyright law by publishing
ASTM’s voluntary standards in the CFR.
The Office of the Federal Register (OFR)
has established procedures for
incorporation by reference that seek to
balance the interests of copyright
protection and public accessibility of
material. 1 CFR part 51. OFR’s
regulations are based on Freedom of
Information Act provisions that require
materials to be ‘‘reasonably available’’
when incorporated by reference with
approval of the Director of the Federal
Register. 5 U.S.C. 552(a)(1). Under the
OFR’s requirements, an agency may
incorporate by reference specific
publications, including standards, if
they are ‘‘reasonably available to and
usable by the class of persons affected.’’
1 CFR 51.7. To ensure the material is
‘‘reasonably available,’’ an agency must
summarize the material it will
incorporate by reference and discuss in
the Federal Register notice how that
material is available to interested
parties. Id. §§ 51.3(a), 51.5(a).
The Commission complies with the
requirement that publications, including
standards, are ‘‘reasonably available to
and usable by the class of persons
affected,’’ whenever incorporating
material by reference. For example,
when the Commission proposes a rule
under section 104 of the CPSIA, the
Commission describes and summarizes
the requirements of the rule, including
the voluntary standard, in the preamble
of the rule printed in the Federal
PO 00000
Frm 00026
Fmt 4701
Sfmt 4700
Register, and explains that ASTM’s
copyrighted voluntary standards are
available to review online for free
during the comment period at https://
www.astm.org/CPSC.htm. Once a rule
becomes effective, ASTM provides a
read-only copy of the standard for
review on the ASTM website at: https://
www.astm.org/READINGLIBRARY/. As
always, any person can purchase a
voluntary standard from ASTM, or may
schedule a time to review a voluntary
standard (for free) at the Commission’s
headquarters in Bethesda, MD, or at the
National Archives and Records
Administration (NARA). Accordingly,
citizens who are interested in the
content of the law have unimpeded
access to the regulation, and have
several avenues for free access to the
text of voluntary standards incorporated
by reference into a mandatory CPSC
standard for a durable infant or toddler
product.
Comment 21: A commenter stated that
they intend their comment to be a
significant adverse comment that
requires CPSC to withdraw the NPR,
citing eight previous times the
commenter has submitted a similar
comment on CPSC’s IBR process for
rules updating a section 104 standard.
Response 21: The commenter is
referencing previous comments made
regarding the Commission’s direct final
rules to update durable infant or toddler
product rules that have already been
issued under section 104 of the CPSIA.
The Commission did not find similar
comments on those updates to be a
significant adverse comment. In this
case, the Commission issued a proposed
rule, and is now issuing a final rule, to
establish a consumer product safety
standard for crib mattresses, and is not
updating an existing rule using a direct
final rule. Accordingly, the ‘‘significant
adverse comment’’ designation is
inapplicable to the current rulemaking.
In any event, the Commission declines
to withdraw the proposed rule based on
the inaccurate factual premise regarding
IBR procedure contained in this
comment.
Comment 22: A commenter asserted
that section 9 of the CPSA requires the
CPSC to publish the text of a proposed
consumer product safety rule in the
Federal Register. Because section 104
rules are considered consumer product
safety rules under the CPSA, the
commenter argued that CPSC is required
to published the text of the regulation in
the Federal Register, and the CPSC did
not meet this requirement in the NPR
for crib mattresses.
Response 22: The Commission
publishes the text of proposed rules
under section 104 of the CPSIA in the
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
Federal Register. However, the
rulemaking procedure described in
section 9 of the CPSA, cited by the
commenter, is inapplicable to rules
issued under section 104 of the CPSIA.
Section 104 of the CPSIA contains a
different rulemaking authority and
different rulemaking procedures. For
example, 15 U.S.C. 2058(c), cited by the
commenter, also requires a preliminary
regulatory analysis that is inapplicable
to rules issued under section 104.
Comment 23: A commenter stated that
the Freedom of Information Act (FOIA)
requires agencies to publish the text of
its substantive rules in the Federal
Register, citing 5 U.S.C. 552(a)(1)(D).
The commenter stated that § 552(a)
creates an exception to this requirement
for agencies that incorporate by
reference a provision that is ‘‘reasonably
available to the class of persons affected
thereby . . . with the approval of the
Director of the Federal Register.’’ The
commenter asserted that the CPSA,
which allegedly requires publishing the
text of a proposed rule in the Federal
Register, and the FOIA are in conflict,
and that CPSC must follow the CPSA
because it is a more specific, laterenacted, requirement and presents a
‘‘clear congressional imperative for
CPSC to follow the text of the [CPSA],’’
citing 15 U.S.C. 2058(c). The commenter
asserted that based on the CPSA, the
Commission must publish the text of the
NPR and cannot direct the public to buy
a copy of the regulatory text from
someone else.
Response 23: As stated in response to
the preceding comments, stakeholders
do not need to purchase a copy of the
voluntary standard to comment on the
rule, and the Commission publishes the
text of proposed rules under section 104
of the CPSIA in the Federal Register. A
summary of the regulatory text is
available for free in the staff briefing
package and the proposed rule. A free
copy of the voluntary standard is
available through ASTM’s website,
NARA, and at the Commission’s
headquarters in Bethesda, MD, as
described in response to preceding
comments. Additionally, section 104 of
the CPSIA contains a different
rulemaking authority and procedures
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
than the statutory provision cited by the
commenter for CPSA section 7 and 9
rules. The statute cited by the
commenter is inapplicable to section
104 rules. Finally, CPSC follows the
OFR’s requirements for incorporation by
reference, including the exception in 5
U.S.C. 552(a), which allows
incorporation by reference when the
material is ‘‘reasonably available to the
class of persons affected thereby . . .
with the approval of the Director of the
Federal Register.’’
Comment 24: A commenter
contended that the CPSC should not
rely on the Office of the Federal
Register’s interpretation of the exception
for IBR materials in 1 CFR 51.5, and
should instead publish the text of the
voluntary standard.
Response 24: We disagree. The OFR’s
interpretation of the exception is
consistent with the statute, has not been
struck down by any court, and the CPSC
declines to potentially infringe a
copyright. Additionally, as reviewed in
response to preceding comments,
stakeholders have free access to the
content of the proposed and final rules,
including the regulatory text and the
voluntary standards upon which the
standards are based.
Comment 25: A commenter alleged
that CPSC’s proposal to IBR the crib
mattress voluntary standard, rather than
set forth the text of the regulation in the
OFR, is procedurally deficient because
the rule allegedly only allows access to
the text of the voluntary standard after
a rule is in effect, and because it leaves
access to the law up to the ‘‘whims’’ of
ASTM. The commenter alleged that
ASTM can raise the cost of the
voluntary standard, and can ‘‘renege’’
on its promise to keep the standard
available in a reading room.
Response 25: The text of the proposed
rule, and a summary of the voluntary
standard, are available for free on the
Commission’s website in the staff’s
briefing packages and in the draft rules,
which are also available, when
published, in the Federal Register.
Moreover, the text of the voluntary
standard is available for free both before
and after the comment period, as
described in response to preceding
comments. Finally, stakeholders can
PO 00000
Frm 00027
Fmt 4701
Sfmt 4700
8665
view the rule for free by contacting
NARA and by coming to view the
standard at the Commission’s
headquarters in Bethesda, MD.
VIII. Mandatory Standard for Crib
Mattresses
The final mandatory standard for crib
mattresses incorporates by reference the
most recent voluntary standard for crib
mattresses, ASTM F2933–21, with
modifications, largely as proposed in
the NPR, to make the standard more
stringent, to further reduce the risk of
injury associated with crib mattresses.
Below we summarize modifications
made to the voluntary standard in the
final rule.
A. Cyclic Test for Coil or Spring
Lacerations
To further reduce the risk of infant
lacerations from exposed coils and
springs, the Commission will 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 x 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-inch piece of plywood or oriented strand
board (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 5), 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.
5. The coil spring test shall be repeated on
each sleep surface of the mattress. The test
shall not be repeated using a mattress that
has been previously tested with the coil
spring test.
The final rule clarifies that two
mattresses are required for cyclic load
testing, one mattress for each side of the
mattress being tested, because testing
can be destructive to the test sample.
E:\FR\FM\15FER2.SGM
15FER2
8666
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
L
L/2
6 in. (15.2 cm)
W/2
w
6 in. (15.2 cm)
Figure 5. Impact test locations.
To further reduce the risk of injury
associated with corner gap entrapment
from compression by fitted sheets, the
final rule requires a new test for full-size
crib mattresses:
lotter on DSK11XQN23PROD with RULES2
1. To condition the sheet for compression
testing, a store-bought, fitted mattress sheet,
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
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 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.
PO 00000
Frm 00028
Fmt 4701
Sfmt 4700
3. The mattress, with the shrunken sheet,
shall be positioned in the corner, following
section 6.2.2.1 of ASTM F2933–21.
4. After positioning, while no force is being
applied, measure the gap from the projected
crib corner, located 53 in. from Wall C and
285⁄8 in. from Wall D, and the crib mattress.
See Figure 6 for illustration. The gap shall
not exceed 3.15 in.
5. Rotate the mattress 180°, and repeat
steps 3 and 4.
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.004
B. Test for Mattress Compression From
Fitted Sheets
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
8667
Wallo
u
~
G>
..c
3
u
.!:
-;::
U'I
00
N
Shortest gap shall not exceed 3.15 inches
~
1M---------------------------+1Projected Crib Corner
53inches
Figure 6. Stafrs proposed location of the projected crib corner, from which the corner gap is measured.
lotter on DSK11XQN23PROD with RULES2
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 final rule
requires a dimensional performance
requirement for all non-full-size crib
mattresses. The Stability; Cord/Strap
Length; and Crib-Side Height
requirements in F406 are also applicable
to non-full-size crib mattresses, but the
requirements were not referenced in
ASTM F2933–19, or by modifications in
the NPR. The newly published ASTM
F2933–21 added a reference to these
requirements in section 5.9 of the
standard. The final rule adds a reference
to Crib-Side Height to the list of F406
requirements referred to in section 5.7.2
of ASTM F2933–21, and removes this
reference from section 5.9, because it
does not apply to play yard mattresses.
Accordingly, the final rule references
the F406 requirements for Stability and
Cord/Strap Length in section 5.7.2 and
section 5.9 of ASTM F2933–21, because
these are general requirements
applicable to non-full-size crib and play
yard mattresses. This change is
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
consistent with the changes proposed in
the NPR, to ensure that all after-market,
non-full-size crib mattresses are subject
to the same requirements as OEM nonfull-size crib mattresses.
ASTM F2933–21 includes additional
requirements for after-market nonrectangular non-full-size crib mattresses,
which ensure the after-market mattress
maintains the proper fit, support, and
instruction storage accommodations.
The final rule extends these
requirements to all after-market, nonfull-size crib mattresses, to be consistent
with the NPR proposal to extend
requirements to all non-full-size crib
mattresses, regardless of shape.
Appendix A to Tab C of Staff’s Final
Rule Briefing Package contains a redline
of changes in the final rule to section
5.7.2 of ASTM F2933–21.
D. Corrections to Section 5.9 of ASTM
F2933–21
To accommodate the modification for
non-full-size cribs in section 5.7, the
final rule removes references to aftermarket, non-full-size crib mattresses
from section 5.9 of ASTM F2933–21,
such that section 5.9 focuses solely
upon performance requirements for
after-market play yard mattresses.
The NPR proposed to replace the term
‘‘replacement mattress’’ in ASTM
F2933–19 section 5.9.1.3, with the term
‘‘after-market’’ mattresses. ASTM
F2933–21 made this revision, and thus,
the final rule does not require this
revision, if the Commission incorporates
by reference ASTM F2933–21.
PO 00000
Frm 00029
Fmt 4701
Sfmt 4700
E. Mattress Firmness Test
To further reduce the risk of infant
suffocation associated with surface
softness in crib mattresses, the final rule
requires a 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
lay 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.
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.005
The Commission is not aware of
incidents related to non-full-size crib
mattresses compressing when sheets are
installed, and received no comments on
the issue. Therefore, at this time, the
final rule does not require a similar
sheet compression test for non-full-size
crib mattresses. However, the final rule
modifies the test procedure to
accommodate larger crib mattresses, by
requiring the corner gap to be measured
from a projected crib corner.
8668
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
F. Modifications to Safety Information
As detailed in Tab D, Appendix A, of
Staff’s Final Rule Briefing Package, the
final rule includes a redline of the
modifications to the requirements for
the safety information that accompanies
crib mattresses, as proposed in the NPR,
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 fullsize 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.
lotter on DSK11XQN23PROD with RULES2
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.
While safety information is unlikely to
effectively address the identified
hazards, these modifications are likely
to support the effectiveness of the
performance requirements, increase the
likelihood of consumers understanding
the hazards, and clarify the
requirements for manufacturers, test
labs, and other viewers of the standard.
Section VI.B of this preamble, and Tab
D of Staff’s Final Rule Briefing Package
contains a detailed list of the final rule
modifications.
IX. 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
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
based on testing conducted by a CPSCaccepted third party conformity
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). The final rule,
to be codified as 16 CFR part 1241,
Standard Consumer Safety
Specification for Crib Mattresses, is 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. Accordingly,
in the NPR, the Commission proposed
to amend part 1112 to add part 1241,
Safety Standard for Crib Mattresses, in
the list of NORs.
Test laboratories applying for
acceptance as a CPSC-accepted third
party conformity assessment body to
test to the new standard for crib
mattresses are 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.
X. 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
that manufacturers of durable infant or
toddler products establish a program for
consumer registration of those products.
Public Law 110–314, section 104(d).
PO 00000
Frm 00030
Fmt 4701
Sfmt 4700
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
products for infant sleep, 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.
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
were not exclusive, but that the
Commission should explicitly identify
the product categories that are covered.
The preamble to the 2009 final
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
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).
In the NPR, the Commission proposed
to amend part 1130 to include ‘‘crib
mattresses,’’ as defined in ASTM F2933,
including full-size crib mattresses, nonfull-size crib mattresses, and aftermarket mattresses for play yards and
non-full-size cribs, as durable infant or
toddler products. 85 FR at 67923. The
Commission proposed 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. Id. The Commission received
no comments on this proposal, and now
finalizes the amendment to part 1130 to
add ‘‘crib mattresses’’ to the list of
durable infant or toddler products.
XI. Incorporation by Reference
Section 1241.2(a) of the final rule
provides that each crib mattress must
comply with applicable provisions of
ASTM F2933–21. The Office of the
Federal Register (OFR) has regulations
concerning incorporation by reference. 1
CFR part 51. For a final rule, agencies
must discuss in the preamble to the rule
the way in which materials that the
agency incorporates by reference are
reasonably available to interested
persons, and how interested parties can
obtain the materials. Additionally, the
preamble to the rule must summarize
the material. 1 CFR 51.5(b).
In accordance with the OFR’s
requirements, sections V, VI, and VIII of
this preamble summarize the provisions
of ASTM F2933–21 that the
Commission is incorporating by
reference. ASTM F2933–21 is
copyrighted. Before the effective date of
this rule, you can view a copy of ASTM
F2933–21 at: https://www.astm.org/
cpsc.htm. Once the rule becomes
effective, ASTM F2933–21 can be
viewed free of charge as a read-only
document at: https://www.astm.org/
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
8669
READINGLIBRARY/. To download or
print the standard, interested persons
can purchase a copy of ASTM F2933–
21 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; http://
www.astm.org. Alternatively, interested
parties can inspect a copy of the
standard free of charge 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].
a final regulatory flexibility analysis
(FRFA) when promulgating final rules,
unless the head of the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Staff prepared
a FRFA that is available at Tab E of
Staff’s Final Rule Briefing Package. An
FRFA is required to describe the impact
of the rule on small entities and identify
any alternatives that may reduce the
impact. Based on staff’s analysis, the
Commission anticipates a possible
significant economic impact for one
small domestic importer and two small
domestic manufacturers that supply crib
mattress products to the U.S. market.
XII. 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 NPR proposed a 6month effective date for the final rule.
Commenters both supported and
opposed the 6-month effective date.
Some commenters urged the effective
date be as soon as possible, indicating
that additional time for the rule to
become effective would put infants at
risk. Other commenters requested an
indefinite delay of the rulemakings until
ASTM completes changes and updates
to the voluntary standard, and those
associated with crib mattresses.
After considering the comments, the
Commission now finalizes the rule with
a 6-month effective date, because 6
months typically is sufficient time for
suppliers to come into compliance with
a new standard; typical for other CPSIA
section 104 rules; and usually is the
period that JPMA allows for products in
their certification program to shift to a
new standard, once that new standard is
published. Accordingly, juvenile
product manufacturers are accustomed
to adjusting to new standards within 6
months, and suppliers have now had
lead time to prepare for this rule since
the NPR was published on October 26,
2020. Finally, many crib mattresses
within the scope of the final rule require
no change in design to achieve
compliance with the final rule.
B. Final Rule Objectives, Legal Basis,
Product Description, and Market
The objective of the final rule is to
reduce the risk of injury and death
associated with full-size crib mattresses,
non-full-size crib mattresses, and aftermarket mattresses for play yards and
non-full-size cribs (collectively referred
to as ‘‘crib mattresses’’). A detailed
analysis of the objectives and statutory
basis for the rule are set forth in section
I of the preamble. Section II.A of this
preamble describes the products subject
to this final rule, section II.B describes
the market for crib mattresses, and
section II.C describes consumer use of
crib mattresses.
XIII. Regulatory Flexibility Act 80
A. Introduction
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601–612, requires that agencies
review a proposed rule and a final rule
for the rule’s potential economic impact
on small entities, including small
businesses. Section 604 of the RFA
generally requires that agencies prepare
80 See Tab E of Staff’s Final Rule Briefing Package
for additional information on the RFA.
PO 00000
Frm 00031
Fmt 4701
Sfmt 4700
C. Small Entities To Which the Draft
Proposed Rule 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
fewer than 1,000 employees.81
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 estimates that approximately 32
domestic firms supply crib mattresses to
the U.S. market. Following SBA size
guidelines, 27 are small firms—14
domestic manufacturers and 13
domestic importers. The five remaining
domestic firms are large manufacturers.
The expected impact of the draft final
rule on small manufacturers and
importers of crib mattresses will differ
based on whether their crib mattresses
are already compliant with ASTM
F2933–21, the size-type of crib mattress
the firm supplies to the market, and the
materials used in the crib mattresses.
81 The
E:\FR\FM\15FER2.SGM
size guidelines are established by the SBA.
15FER2
8670
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
Staff estimates that approximately 75
percent of crib mattresses on the market
are full-size crib mattresses;
approximately 40 percent of full-size
crib mattresses are coil/innerspring
mattresses; and the remaining majority
are foam-core mattresses.82 Staff
identified at least 15 small firms that
only produce foam-core mattresses,
while many small entities produce a
combination of both coil and foam-core
crib mattresses.
Section VIII of this preamble
describes the requirements of the final
rule. Firms whose crib mattresses do not
already comply with the rule will need
to evaluate their products, determine
what changes would be required to meet
the standard, and decide how to
proceed. Noncompliant products would
need to be removed from the U.S.
market, modified to meet the mandatory
standard, or remarketed for purposes
other than use as crib mattresses. New
crib mattress products introduced to the
market would also need to comply with
the standard.
Crib mattresses will be subject to the
third party testing and certification
requirements under the CPSA, as
codified in 16 CFR part 1107 (children’s
product testing rule) and 16 CFR part
1110 (certificate rule), which require
that manufacturers and importers certify
that their products comply with the
applicable children’s product safety
standards, based on third party testing,
and subject their products to third party
testing periodically. Third party testing
costs are in addition to the costs of
modifying the crib mattresses to meet
the standard. For crib mattresses, the
third party testing costs are expected to
be about $950 per testing cycle per
model. This is an increase in the costs
as estimated in the IRFA in the 2020
NPR, which estimated a cost of $325 per
sample.
D. Impact of Draft Proposed Rule on
Small Manufacturers and Importers
Of the 27 small manufacturers and
importers identified by staff, 14 (9
manufacturers and 5 importers) are
members of the JPMA, but staff cannot
determine how many crib mattresses are
currently certified to ASTM F2933–21.
Many of the firms that would be subject
to the final rule are known to produce
a variety of children’s products that are
already subject to a children’s product
safety rule, and therefore, are familiar
with such requirements.83 Additionally,
82 Based on staff’s compiled search results of data
available on the internet, April–June 2021.
83 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
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
two firms that are not known to be
JPMA members, are members of ASTM.
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 the draft final rule,
based on the results of third party
testing by a CPSC-accepted third party
conformity assessment body (i.e., testing
laboratory). However, crib mattresses
are also already subject to third party
testing requirements, and therefore,
firms that supply crib mattresses to the
U.S. market are already familiar with
third party testing requirements.84 85
Crib mattresses must already comply
with two federal mattress flammability
standards: 16 CFR parts 1632 and 1633.
Firms that supply crib mattresses that
are designed or intended primarily for
children age 12 or under need to
prepare a Children’s Product
Certification (CPC) that references parts
1632 and/or part 1633, when applicable.
At this time, CPSC staff is not aware of
any small domestic firms that supply
crib mattresses to the U.S. market that
are not compliant with CPSC’s mattress
flammability standards. Additionally,
crib mattresses are subject to lead
testing, unless exempt, phthalate testing
for certain child care articles, and small
parts testing and small parts labeling, as
applicable. The final rule will augment
these existing requirements.
As part of the 2020 NPR, the
Commission requested comments from
small firms on the number of crib
mattress models they would typically
certify to the ASTM standard annually.
However, the Commission did not
receive any comments on the request.
Some small manufacturers and
importers of crib mattresses to the U.S.
market would not be subject to all the
tests proposed in the final rule, because
the firm may only supply foam-core
and/or non-full-size crib mattress
products to the market.
requirements of the final rule, and they
will not require any modification to
comply. Although we do not know the
exact costs of modifying crib mattresses
to comply with the final rule, we do
know that such costs would vary by
product model. During the public
comment period, CPSC did not receive
any comments related to one-time costs
of redesigning a product to meet the
standard, as proposed. Nonetheless, it is
possible that some manufacturers of
noncomplying mattresses might choose
to drop the model, rather than incur the
expense associated with modifying it.86
Therefore, a possibility exists that the
final rule could result in the removal of
one or more crib mattress models from
commerce.
Changes to marking and labeling will
be necessary on crib mattress products.
Generally, costs associated marking and
labeling, as well as providing
instructional materials, are low on a perunit basis. Many crib mattress suppliers
already provide instructions with their
crib products, but firms will need to
ensure that the content and formatting
of the instructions required for crib
mattresses meet the requirements of the
draft final rule.87 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.
1. Costs Associated With Modifying
Products
The majority of crib mattresses tested
by staff already meet the performance
2. Third Party Testing Costs
The final rule will require all
manufacturers and importers of crib
mattresses to meet additional third party
testing requirements under section 14 of
the CPSA. As allowed by the component
part testing rule (16 CFR 1109),
importers can rely upon third party tests
obtained by their suppliers, which
could reduce the impact on importers.
In addition, businesses selling products
covered by this rule were already
required to certify compliance to general
children’s product rules for lead,
phthalates, and small parts with third
party testing. Accordingly, those third
party testing costs would not be
considered new costs of compliance
with this rule.
not referencing any one specific CPSC safety
standard.
84 Manufacturers and importers of children’s
products must certify compliance with applicable
federal safety requirements in a Children’s Product
Certificate (CPC). Testing by a third party CPSCAccepted Laboratory must serve as the basis for the
production of the CPC.
85 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.
86 Costs associated with modification of a crib
mattress might include, but are not limited to, costs
of skilled labor for the modification or redesign;
costs associated with finding and changing to a new
materials supplier, if necessary; flammability
testing costs for the modified model if new ticking
materials are used; and additional testing costs
prescribed in ASTM F2933 and those of the final
rule.
87 Instructions required 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.
PO 00000
Frm 00032
Fmt 4701
Sfmt 4700
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
Although CPSC did not receive any
comments on the NPR cost estimates
provided in the IRFA, ongoing
discussions with suppliers through
ASTM indicate third party testing
bodies will need to develop protocols
for the testing proposed in the draft final
rule, as well as establish prices for the
prescribed testing. Based on information
from a testing laboratory, the cost of
testing to the current version of ASTM
F2933 is $200 to $250 per sample.
However, the cost of testing varies,
based on the type of crib mattress and
the number of samples tested.
Furthermore, testing rates may have
changed by accredited labs. According
to new information provided by one crib
mattress supplier, the price charged to
test to ASTM F2933 for suppliers with
very few models may be as high as $400
per model tested.88 Costs for additional
testing required by the final rule could
increase the cost of testing substantially,
although not all crib mattresses would
be subject to all of the testing
requirements.
Staff estimates that for a manufacturer
or importer with 10 crib mattress
models that require only one test per
model to provide a high degree of
assurance, the full cost of third party
testing will be approximately $4,000,
plus $2,000 in costs for compression
testing, plus $1,000 for the cost of
possible cyclic load testing, plus $2,500
for required firmness testing, for a total
of $9,500 in third party testing costs or
an average of $950 per model.89
lotter on DSK11XQN23PROD with RULES2
3. Summary of Impacts
Generally, based on SBA guidelines,
CPSC considers impacts that exceed 1
percent of a firm’s revenue to be
potentially significant. The lowest
reported annual revenue for any small
domestic firm producing crib mattress
models was $1.07 million. One percent
of annual revenue for the firm is
$10,700 ($1,070,000 × 0.01).
Consequently, if the costs of modifying
their mattresses to comply with the
standard exceeds $10,700, the rule
should be considered to have a
significant impact for the firm. 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
88 Information provided by the crib mattress
supplier included quotes received from two
prominent testing laboratories.
89 The estimated costs of $950 per model for
testing in the FRFA is an increase over the amount
estimated in the IFRA. The cost for third party
testing was estimated to be $250 to $325, per
sample, in the IRFA.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
testing. For manufacturers or importers
with greater revenue, the impact of the
draft proposed rule would have to be
higher than this for the impact to be
considered significant.
Given that a substantial number of
crib mattresses already comply with the
requirements of the final rule and some
of the testing costs are already being
borne by firms that certify to the current
voluntary standard, it seems unlikely
that the rule would have a significant
impact on a substantial number of small
entities. Furthermore, CPSC did not
receive any public comments on the
costs of the proposed rule, or
impediments to modifying existing crib
mattress products to conform to the
rule, especially those that would result
in the removal of the mattress product
from the market. Likewise, CPSC did
not receive any other comments on
possible impacts the rule might have on
small domestic manufacturers or
importers. Nevertheless, to the extent
that a crib mattress supplier would need
to remove a crib mattress model from
commerce because it will not meet the
standards of the draft final rule, or the
product cannot be modified in a costefficient manner, a few small firms
could potentially consider the costs of
adopting the final rule to be significant.
Based on limited data available for
small private firms serving this market,
staff identified three small domestic
firms—two small domestic
manufacturers and one small domestic
importer who might consider the impact
significant and might drop one or more
crib mattress models from their line.
E. Other Federal Rules That May
Duplicate, Overlap, or Conflict With the
Final Rule
CPSC staff has not identified any
other federal rules that duplicate,
overlap, or conflict with the final rule.
F. Alternatives Considered To Reduce
the Impact on Small Entities
CPSC attempted to minimize the
impact of the final rule on small entities
as discussed below:
1. Requesting Public Comments
CPSC published an NPR in the
Federal Register on October 26, 2020
(85 FR 67906) and requested comments
on any alternatives to the proposed rule
that could reduce the burden on small
entities. Among others, these proposed
alternatives included adopting the
ASTM standard, without modification,
and delaying the effective date of the
requirements. None of the comments
CPSC received mentioned a burden or
impact on small entities, nor expressed
any concern that the final rule might
PO 00000
Frm 00033
Fmt 4701
Sfmt 4700
8671
impose on small entities. Additionally,
CPSC did not receive comments raising
significant issues in response to the
IRFA. CPSC did not receive any
comments from the SBA.
2. Delay the Effective Date of the
Requirements
The APA generally requires that the
effective date of the rule be at least 30
days after publication of the final rule.
5 U.S.C. 553(d). CPSC generally
considers 6 months to be sufficient time
for suppliers of durable infant or toddler
products to come into compliance with
a new standard under section 104 of the
CPSIA. Six months is also the period
that JPMA typically allows for products
in the JPMA certification program to
transition to a new standard once that
standard is published. The NPR
proposed a 6-month effective date after
publication of the final rule, for
products manufactured or imported on
or after that date. Commenters both
supported and opposed the 6-month
effective date. Some commenters urged
the effective date to be as soon as
possible, indicating that additional time
for the rule to become effective would
put infants at risk. Other commenters
requested an indefinite delay of the
rulemakings, until ASTM completes
changes and updates to the voluntary
standard, and those associated with crib
mattresses.
For the final rule, the Commission
will retain the proposed 6-month
effective date for the final rule, because
suppliers have had lead time to prepare
for this rule since the NPR was
published on October 26, 2020. Many
crib mattresses within the scope of the
final rule require no change in design to
achieve compliance with the final rule.
Furthermore, 6 months from the change
in a voluntary standard is the time
frame that JPMA uses for its certification
program. Consequently, compliant
manufacturers are accustomed to this
time frame to comply with a modified
standard.
Because some manufacturers of crib
mattresses may experience some kind of
economic impact as a result of the final
rule, providing a 6-month effective date
should mitigate the effects of the rule on
small businesses. A 6-month effective
date will provide manufacturers and
importers time to spread the impact of
the rule over a 6-month period, to
reduce any sudden economic impact of
the draft final rule. 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 time to adjust marketing
E:\FR\FM\15FER2.SGM
15FER2
8672
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
towards other product offerings, sell
inventory, or consider alternative
business opportunities.
1021.5(c)(1). The final rule for crib
mattresses falls within the categorical
exclusion.
3. Consultation With ASTM
CPSC staff has worked extensively
with ASTM in the continued
development and improvement of
voluntary safety standards for crib
mattresses referenced in the final rule.
Members of ASTM include small
domestic manufacturers and importers
of products to which the draft final rule
would apply. Small entities to whom
the final rule will apply have taken 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 revised voluntary
standard and final rule, respectively.
XV. Paperwork Reduction Act
XIV. 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,
they do not require an environmental
assessment or an environmental impact
statement. Safety standards providing
requirements for products come under
this categorical exclusion. 16 CFR
This final 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
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.
The preamble to the NPR (85 FR
67927–28) discussed the information
collection burden of the proposed rule
and specifically requested comments on
the accuracy of our estimates. The OMB
assigned control number 3041–0185 for
this information collection. We did not
receive any comment regarding the
information collection burden of the
proposal in the NPR. For the final rule,
we update the estimated number of crib
mattress manufacturers, from 26 to 28,
and the estimated average number of
models per manufacturer, from 12 to 10,
which alters the estimated total burden,
as described below. In accordance with
PRA requirements, the Commission
provides the following information:
Title: Safety Standard for Crib
Mattresses.
Description: The final rule requires
each crib mattress within the scope of
the rule to comply with ASTM F2933–
21, Standard Consumer Safety
Specification for Crib Mattresses,
including the additional requirements
summarized in section VIII of this
preamble. Section 7 of ASTM F2933–21,
and a new section 8 in the final rule,
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:
lotter on DSK11XQN23PROD with RULES2
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) .......................................................................
38
10
380
1
380
Our estimate is based on the
following:
The Commission is finalizing the
proposal in the NPR to modify several
sections of the voluntary standard for
crib mattresses, ASTM F2933, but is
now making these modifications to the
newly revised ASTM F2933–21. As
proposed, the Commission is modifying
section 7 of ASTM F2933 and adding 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,
modifications to section 7.1.1 of ASTM
F2933–21 will 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.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
Modifications to section 7.1.2 of ASTM
F2933 also require a code mark or other
means that identifies the date (month
and year, as a minimum) of
manufacture. Modifications to section
7.2 of ASTM F2933 require marking and
labeling on the product to be
permanent.
For the final rule, we update the
number of known entities supplying
crib mattresses in the U.S. market from
26 to 38. To comply with the final rule,
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, for the final
rule, we have also revised the average
number of crib mattress models for each
manufacturer from 12 to 10.90 The
90 This
number was derived during the market
research phase of the initial regulatory flexibility
PO 00000
Frm 00034
Fmt 4701
Sfmt 4700
revised estimated burden associated
with labels for the final rule is 1 hour
per model × 38 entities × 10 models per
entity = 380 hours. The updated
estimate of 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, for the final rule, our
estimated annual cost to industry
associated with the labeling
requirements is $12,836.40 ($33.78 per
hour × 380 hours = $12,836.40). No
operating, maintenance, or capital costs
are associated with the collection.
analysis by dividing the total number of crib
mattresses supplied by all crib mattress suppliers
by the total number of crib mattress suppliers.
E:\FR\FM\15FER2.SGM
15FER2
lotter on DSK11XQN23PROD with RULES2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
As proposed, the final rule also adds
a new section 8 that requires
instructions to be supplied with the crib
mattress. The instructions are 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 76
percent of firms that supply cribs to the
crib mattress market already provide
instructional literature to consumers for
products intended for use by children.
All of the firms that 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
addition of section 8 to 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 the OMB’s
regulations.
Based on this analysis, the mandatory
standard for crib mattresses will impose
a burden to industry of 380 hours at a
cost of $12,836.40 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 final rule to the OMB.
the CPSIA refers to the rules to be
issued under that section as ‘‘consumer
product safety rules.’’ Therefore, once
this final rule for crib mattresses issued
under section 104 of the CPSIA takes
effect, the rule will preempt in
accordance with section 26(a) of the
CPSA.
XVI. 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
exemption from this preemption under
certain circumstances. Section 104(b) of
Administrative practice and
procedure, Audit, Consumer protection,
Reporting and recordkeeping
requirements, Third party conformity
assessment body.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
XVII. Congressional Review Act
The Congressional Review Act (CRA;
5 U.S.C. 801 through 808) states that,
before a rule may take effect, the agency
issuing the rule must submit the rule,
and certain related information, to each
House of Congress and the Comptroller
General. 5 U.S.C. 801(a)(1). The
submission must indicate whether the
rule is a ‘‘major rule.’’ The CRA states
that the Office of Information and
Regulatory Affairs (‘‘OIRA’’) determines
whether a rule qualifies as a ‘‘major
rule.’’ Pursuant to the CRA, OIRA
designated this rule as not a ‘‘major
rule,’’ as defined in 5 U.S.C. 804(2). A
‘‘major rule’’ is one that the
Administrator of OIRA finds has
resulted in, or is likely to result in: (A)
An annual effect on the economy of
$100,000,000 or more; (B) a major
increase in costs or prices for
consumers, individual industries,
federal, state, or local government
agencies, or geographic regions; or (C) a
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets. 5 U.S.C. 804(2). To
comply with the CRA, CPSC will submit
the required information to each House
of Congress and the Comptroller
General.
List of Subjects
16 CFR Part 1112
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 amends Title
PO 00000
Frm 00035
Fmt 4701
Sfmt 4700
8673
16 of the Code of Federal Regulations as
follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
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)(50) 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) * * *
(50) 16 CFR part 1241, Safety
Standard for Crib Mattresses.
*
*
*
*
*
PART 1130—REQUIREMENTS FOR
CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER
PRODUCTS
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 revising
paragraphs (a)(16) and (a)(17), and
adding paragraph (a)(18) to read as
follows:
■
§ 1130.2
Definitions.
*
*
*
*
*
(a) * * *
(16) Infant bathtubs;
(17) Bed rails; and
(18) 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.
§ 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.
E:\FR\FM\15FER2.SGM
15FER2
8674
lotter on DSK11XQN23PROD with RULES2
§ 1241.2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
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 F2933–21,
Standard Consumer Safety Specification
for Crib Mattresses (approved on June
15, 2021). The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy 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
F2933–21 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, email fr.inspection@
nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(b) Comply with ASTM F2933–21
with the following additions or
exclusions:
(1) Instead of complying with section
3.1.2 of ASTM F2933–21, comply with
the following:
(i) 3.1.2 conspicuous, adj—visible
when the mattress is being handled by
a consumer placing the mattress in its
intended use position in a product.
(ii) [Reserved]
(2) Add the following paragraph to
section 3.1 of ASTM F2933–21:
(i) 3.1.11 sleep surface, n—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 F2933–21, 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 with the test mattress
sheet is placed against the perimeter
and in the corner of the crib, the corner
gap shall not exceed 3.15 in. (80.0 mm).
Dimensions shall be tested in
accordance with 6.2.
(ii) [Reserved]
(4) Instead of complying with section
5.7.2 through 5.7.2.2 of ASTM F2933–
21, comply with the following:
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
(i) 5.7.2 Non-Full-Size Crib
Mattresses—For the purposes of this
section, the term product refers to a
non-full-size crib.
(ii) 5.7.2.1 Mattress supplied with a
non-full-size crib: Shall meet the
specifications of Stability; Cord/Strap
Length; Mattresses for Rigid sided
products; and Crib Side Height of 16
CFR part 1220, Safety Standard for NonFull-Size Baby Cribs, when tested with
the product with which it is supplied.
(iii) 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
crib’’ and shall meet the specifications
of Stability; Cord/Strap Length;
Mattresses for Rigid sided products; and
Crib Side Height in 16 CFR part 1220,
Safety Standard for Non-Full-Size Baby
Cribs, when tested to the equivalent
interior dimension of the product for
which it is intended to be used.
(iv) 5.7.2.3 The after-market mattress
must be at least the same size as the
original equipment mattress or larger
and lay flat on the floor of the product,
in contact with the product mattress
support structure.
(v) 5.7.2.4 If the original equipment
mattress includes a floor support
structure, the after-market mattress must
include a floor support structure that is
at least as thick as the original
equipment mattress floor support
structure.
(vi) 5.7.2.5 If the original equipment
mattress includes storage
accommodations for the product
instruction manual, the after-market
mattress shall provide equivalent
storage accommodations for the product
instruction manual.
(5) Instead of complying with section
5.9 through 5.9.1.2 of ASTM F2933–21,
comply with the following:
(i) 5.9 After-Market Mattress for Play
Yard—For the purposes of this section,
the term ‘‘product’’ refers to a play yard.
(ii) 5.9.1 For Mesh/Fabric Sided Play
Yard Products:
(iii) 5.9.1.1 The after-market
mattress and product it is tested in shall
meet the applicable requirements of the
following sections of 16 CFR part 1221,
Safety Standard for Play Yards, when
tested with each brand and model of
product for which it is intended to
replace the mattress: Stability; Cord/
Strap Length; Mattress; Height of Sides;
Floor Strength; Mattress Vertical
Displacement.
(iv) 5.9.1.2 If the aftermarket
mattress is intended to be used in the
bassinet of a play yard with a bassinet
attachment, the mattress shall also meet
the specifications of the following
sections of 16 CFR part 1218, Safety
PO 00000
Frm 00036
Fmt 4701
Sfmt 4700
Standard for Bassinets and Cradles,
when tested with each brand and model
for which it is intended to replace the
mattress: Pad Thickness for Fabric or
Mesh Sided Products; Pad dimensions;
Side Height; Bassinets with Segmented
Mattresses. This section applies only to
a play yard mattress that is
interchangeably used as a play yard
mattress and as a bassinet mattress/pad.
(6) Add the following paragraphs to
section 5 of ASTM F2933–21:
(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. The
requirements in this section only
pertain to crib mattresses with coil
springs.
(iv) 5.11.1 When tested in
accordance with 6.4, there shall be no
exposed coil springs or metal wires.
(7) Renumber section 6.2.2 of ASTM
F2933–21 to section 6.2.3.
(8) Renumber section 6.2.2.1 of ASTM
F2933–21 to section 6.2.3.1.
(9) Renumber section 6.2.2.2 of ASTM
F2933–21 to section 6.2.3.2.
(10) Renumber section 6.2.2.3 of
ASTM F2933–21 to section 6.2.3.3.
(11) Renumber section 6.2.2.4 of
ASTM F2933021 to section 6.2.3.4.
(12) Add the following paragraphs to
section 6.2.3 of ASTM F2933021:
(i) 6.2.3.5 The test mattress sheet
shall be placed on the mattress such that
each sheet edge is wrapped fully around
and under the mattress.
(ii) 6.2.3.6 Repeat step 6.2.3.2. Then
measure the shortest gap between the
mattress and the projected crib corner
after the dimensions of the mattress
have been recorded. The projected crib
corner is located 53 in. ± 1⁄8 in. (1346
mm ± 3.2 mm) from Wall C and 285⁄8 in.
± 1⁄8 in. (727 mm ± 3.2 mm) from Wall
D, as shown in Fig. 2. The mattress shall
not be moved during measurement. This
shall be the corner gap measurement.
(iii) 6.2.3.7 Rotate the mattress 180°
such that the opposing corner is
adjacent to Walls C and D, then repeat
6.2.3.6.
(13) Instead of complying with section
6.2.2 of ASTM F2933–21, comply with
the following:
(i) 6.2.2 Test Equipment-Mattress
Sheet:
(ii) 6.2.2.1 The mattress sheet shall
be 100% cotton and fitted for the
mattress to be tested.
(iii) 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.
E:\FR\FM\15FER2.SGM
15FER2
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
(14) Add the following paragraphs as
section 6.3 of ASTM F2933–21.
(i) 6.3 Mattress Firmness.
(ii) 6.3.1 Test Fixture:
(iii) 6.3.1.1 The fixture, as shown in
Fig. 3, shall be a rigid, robust object
with a round footprint of diameter 203
mm ± 1 mm, and an overall mass of
5200 g ± 20 g. The lower edge of the
fixture shall have a radius not larger
than 1 mm. Overhanging the footprint
by 40 mm ± 2 mm shall be a flexible,
flat bar of width 12 mm ± 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 mm ± 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
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
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
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. 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.
(A) 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.
(B) Repeat Step (A) at the remaining
locations identified in 6.3.2.3(F).
(C) Repeat Step (A) 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.
(D) 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)(14)(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.
(15) Add the following paragraphs as
section 6.4 of ASTM F2933–21:
(i) 6.4 Coil Spring Test.
(ii) 6.4.1 General—This test consists
of dropping a specified weight
PO 00000
Frm 00037
Fmt 4701
Sfmt 4700
8675
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. 4).
(v) 6.4.2.2 A 30-lb (13.6-kg) impact
mass (see Fig. 5 and Fig. 6).
(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 oriented strand board (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. 7.
(xv) 6.4.4 The coil spring test shall
be repeated on each surface of the
mattress. The test shall not be repeated
using a mattress that has been
previously tested with the coil spring
test.
(16) Add the following Figures to
section 6 of ASTM F2933–21:
(i) Figure 2.
E:\FR\FM\15FER2.SGM
15FER2
8676
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
Wallo
Shortest gap shall not exceed 3.15 inches
~
I N - - - - - - - - - - - - - - - - - - - - - - - - - + I P r o j e c t e d Crib Corner
53inches
Figure 2. Projected crib corner and corner gap measurement location
(ii) Figure 3.
Column
I.owuCollac
BoUomDist .......
Level
FeelerAml
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00038
Fmt 4701
Sfmt 4725
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.006 ER15FE22.007
lotter on DSK11XQN23PROD with RULES2
Figure 3. Mattress Firmness Test Fixture
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
8677
(iii) Figure 4.91
Figure 4. Typical free fall impacting system91
(iv) Figure 5.
2almm(=2tm1)
RADIUS
RA'IOII
s ...
("'9.Smm)
RADIUS
C:::"'2~
RA'IOII
DIAMEmE
91 Reprinted, with permission, from ASTM
F1169–19 Standard Consumer Safety Specification
for Full-Size Baby Cribs, copyright ASTM
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
International, 100 Barr Harbor Drive, West
Conshohocken, PA 19428. A copy of the complete
PO 00000
Frm 00039
Fmt 4701
Sfmt 4725
standard may be obtained from ASTM
International, www.astm.org.
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.008 ER15FE22.009
lotter on DSK11XQN23PROD with RULES2
Figure 5. Profile of Impact mass90
8678
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
(v) Figure 6.
Figure 6. Photo of typical impact mass90
(vi) Figure 7.
L
L/2
6 in. {15.2 cm)
W/2
w
(17) Instead of complying with
sections 7.1 and 7.2 of ASTM F2933–21,
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.
(18) 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 F2933–21.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
(19) Instead of complying with
sections 7.3, 7.3.1, 7.3.2, and 7.3.3 of
ASTM F2933–21, 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]
(20) Instead of complying with
sections 7.4 and 7.4.1 of ASTM F2933–
21, 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
PO 00000
Frm 00040
Fmt 4701
Sfmt 4700
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’’).
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.010 ER15FE22.011
lotter on DSK11XQN23PROD with RULES2
Figure 7. Impact test locations
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
(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.
(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. 8 for
examples of left aligned text.
(xv) 7.4.6.2 The text in each column
should 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. 9, 10, and 11.
(21) 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 F2933–21, 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 ‘‘11⁄2 in. (3.8 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
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
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
side walls. If a gap is larger than ll,
the mattress does not fit—do not use it.
(iii) Renumber section 7.3.1 of ASTM
F2933–21 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
F2933–21 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
F2933–21 to section 7.5.3.
(xi) In section 7.5.3, replace the term
‘‘may be included’’ with ‘‘are permitted,
and replace the term ‘‘7.3 and 7.4’’ with
‘‘7.5 and 7.6’’.
(22) Instead of complying with
sections 7.6, 7.6.1, 7.6.1.1, 7.6.1.2, or 7.7
of ASTM F2933–21, comply with the
following:
(i) 7.6 The following warning
statement shall be included exactly as
stated in this paragraph (b)(22)(i) and
shall be located at the bottom of the
warnings on each mattress:
PO 00000
Frm 00041
Fmt 4701
Sfmt 4700
8679
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)(22)(vi) (the blanks
are to be filled in as appropriate).
This mattress measures ll long,
ll wide, and ll thick when
measured from seam to seam.
(23) Add the following paragraphs as
section 7.8 of ASTM F2933–21:
(i) 7.8 Warning Design for Retail
Packages.
(ii) 7.8.1 The warnings and
statements are not required on the retail
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.
(iii) 7.8.2 Warning Statements—Each
mattress’ retail package shall have
statements to address the following, at
a minimum, and as specified in 7.4.1,
7.4.2, and 7.4.4–7.4.6.
(iv) 7.8.2.1 For full-size crib
mattresses, each mattress’ retail package
shall be labeled with the warnings and
statements specified in 7.5 and 7.5.1.
(v) 7.8.2.2 For non-full-size crib
mattresses and after-market mattresses
for play yards and non-full-size cribs,
each mattress’ retail package shall be
labeled with the warnings and
statements specified in 7.5, 7.5.2, 7.7.1–
7.7.4, as applicable.
(24) Add the following figures to
section 7 of ASTM F2933–21:
BILLING CODE 6355–01–P
E:\FR\FM\15FER2.SGM
15FER2
8680
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
(i) Figure 8.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00042
Fmt 4701
Sfmt 4725
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.012
lotter on DSK11XQN23PROD with RULES2
FIG. 8 Examples of Left Aligned Text.
This figure is not shown in actual size.
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
8681
(ii) Figure 9.
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 overbundle 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 side walls. If a gap is larger than 1 ½ in. (3.8
cm}, the mattress does not fit - do not use it.
DO NOT use this mattress in a crib having interior dimensions that
exceed 28% by 53 in. (73 by 135 cm) as measured from the
innermost surfaces of the crib.
USE ONLY sheets and mattress pads designed specifically for crib
mattresses.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00043
Fmt 4701
Sfmt 4725
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.013
lotter on DSK11XQN23PROD with RULES2
FIG. 9 Example of warning label for Full-Size Crib Mattress.
This figure is not shown in actual size.
8682
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
(iii) Figure 10.
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 overbundle 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 side walls. If a gap is larger than 1 in. (2.5
cm), the mattress does not fit - do not use it.
USE ONLY sheets and mattress pads designed specifically for this
mattress size.
[All warnings added by the original manufacturer which are in
addition to those required by this standard.]
[Assembly/attachment instructions that were provided on the
original mattress.]
[The specific brand(s) and model(s) number(s) of the product(s) in
which the mattress is intended to be used.]
DO NOT remove these im ortant safet warnin s.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00044
Fmt 4701
Sfmt 4725
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.014
lotter on DSK11XQN23PROD with RULES2
FIG. 10 Example of warning label for After-Market Mattress for
Mesh/Fabric Sided Products and Rigid Sided Non-Rectangular Products.
Items italicized in brackets are to be added as appropriate.
This figure is not shown in actual size.
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
8683
(iv) Figure 11.
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 overbundle 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 side walls. If a gap is larger than 1 in. (2.5
cm), the mattress does not fit - do not use it.
USE ONLY sheets and mattress pads designed specifically for this
mattress size.
[All warnings added by the original manufacturer which are in
addition to those required by this standard.]
[Assembly/attachment instructions that were provided on the
original mattress.]
[The specific brand(s) and model(s) number(s) of the product(s) in
which the mattress is intended to be used.]
This mattress measures_ long,_ wide, and_ thick when
measured from seam to seam. [Fill in blanks as appropriate.]
DO NOT remove these im ortant safet warnin s.
FIG. 11 Example of warning label for After-Market
Mattress for Rigid Sided Rectangular Non-Full-Size Cribs.
Items italicized in brackets are to be added as appropriate. The blanks are to be filled in as
appropriate. This figure is not shown in actual size.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
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.
PO 00000
Frm 00045
Fmt 4701
Sfmt 4700
(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.
E:\FR\FM\15FER2.SGM
15FER2
ER15FE22.015
lotter on DSK11XQN23PROD with RULES2
(25) Redesignate section 8 of ASTM
F2933–21 as section 9.
(26) Add a new section 8 of ASTM
F2933–21:
(i) 8. Instructional Literature.
(ii) 8.1 Instructions shall be
provided with the mattress and shall be
8684
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES2
(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.
VerDate Sep<11>2014
21:03 Feb 14, 2022
Jkt 256001
(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.
(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.
PO 00000
Frm 00046
Fmt 4701
Sfmt 9990
(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. 2022–02414 Filed 2–14–22; 8:45 am]
BILLING CODE 6355–01–C
E:\FR\FM\15FER2.SGM
15FER2
| File Type | application/pdf |
| File Modified | 2022-02-15 |
| File Created | 2022-02-15 |