Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby Cribs; Notice of Proposed Rulemaking, 43308-43327 [2010-17594]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Proposed Rules]
[Pages 43308-43327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17594]



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Part III





Consumer Product Safety Commission





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16 CFR Parts 1219, 1220, and 1500



Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby Cribs; 
Notice of Proposed Rulemaking; Proposed Rule

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / 
Proposed Rules

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1219, 1220, and 1500

[CPSC Docket No. CPSC-2010-0075]


Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby 
Cribs; Notice of Proposed Rulemaking

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Section 104(b) of the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA'') requires the United States Consumer Product Safety 
Commission (``CPSC,'' ``Commission'' or ``we'') to promulgate consumer 
product safety standards for durable infant or toddler products. These 
standards are to be ``substantially the same as'' applicable voluntary 
standards or more stringent than the voluntary standard if the 
Commission concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is proposing safety standards for full-size and non-full-size baby 
cribs in response to the direction under section 104(b) of the 
CPSIA.\1\ Section 104(c) specifies that the crib standards will cover 
used as well as new cribs. The crib standards will apply to anyone who 
manufactures, distributes or contracts to sell a crib; to child care 
facilities, and others holding themselves out to be knowledgeable about 
cribs; to anyone who leases, sublets or otherwise places a crib in the 
stream of commerce; and to owners and operators of places of public 
accommodation affecting commerce.
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    \1\ The Commission voted 5-0 to approve publication of this 
proposed rule. Chairman Inez M. Tenenbaum, Commissioner Nancy A. 
Nord, and Commissioner Anne M. Northup filed statements concerning 
this action which may be viewed on the Commission's Web site at 
https://www.cpsc.gov/pr/statements.html or obtained from the 
Commission's Office of the Secretary.

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DATES: Written comments must be received by October 6, 2010.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the recordkeeping, marking and instructional literature requirements of 
the proposed rule should be directed to the Office of Information and 
Regulatory Affairs, OMB, Attn: CPSC Desk Officer, FAX: 202-395-6974, or 
e-mailed to oira_submission@omb.eop.gov.
    Other comments, identified by Docket No. CPSC-2010-0075, may be 
submitted by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (e-mail) except 
through www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Patricia Edwards, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7577; pedwards@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background and Statutory Authority

1. Section 104(b) of the Consumer Product Safety Improvement Act

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA'', 
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(b) of the 
CPSIA requires the Commission to promulgate consumer product safety 
standards for durable infant or toddler products. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standards if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product. In this document, the Commission 
proposes safety standards for full-size and non-full-size cribs. The 
proposed standard for full-size cribs is substantially the same as a 
voluntary standard developed by ASTM International (formerly known as 
the American Society for Testing and Materials), ASTM F 1169-10 
Standard Consumer Safety Specification for Full-Size Baby Cribs, but 
with one modification that strengthens the standard. The proposed 
standard for non-full-size cribs is substantially the same as ASTM F 
406-10, Standard Consumer Safety Specification for Non-Full-Size Baby 
Cribs, but with several changes that strengthen the standard.

2. Section 104(c) of the CPSIA

    The CPSIA treats cribs differently than other durable infant or 
toddler products covered by section 104 of the CPSIA. Section 104(c)(2) 
of the CPSIA states that the section applies to any person that:

    (A) manufactures, distributes in commerce, or contracts to sell 
cribs;
    (B) based on the person's occupation, holds itself out as having 
knowledge or skill peculiar to cribs, including child care 
facilities and family child care homes;
    (C) is in the business of contracting to sell or resell, lease, 
sublet, or otherwise place cribs in the stream of commerce; or
    (D) owns or operates a place of public accommodation affecting 
commerce (as defined in section 4 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2203) applied without regard to the 
phrase ``not owned by the Federal Government'').

Section 104(c)(2) of the CPSIA (Pub. L. 110-314).

    Section 104(c)(1) of the CPSIA makes it a prohibited act under 
section 19(a)(1) of the Consumer Product Safety Act (``CPSA'') for any 
person to whom section 104(c) applies to ``manufacture, sell, contract 
to sell or resell, lease, sublet, offer, provide for use, or otherwise 
place in the stream of commerce a crib that is not in compliance with a 
standard promulgated under subsection (b) [of the CPSIA].'' Section 
104(c)(3) of the CPSIA defines ``crib'' as including new and used 
cribs, full-size and non-full-size cribs, portable cribs, and crib 
pens.
    Thus, the crib standards will apply to owners and operators of 
child care facilities (including in-home child care) and public 
accommodations such as hotels and motels, as well as to manufacturers, 
distributors, and retailers of cribs. Once the standards are in effect, 
it will be unlawful to sell, lease or otherwise provide a crib for use 
that does not meet the standards. As discussed in more detail in part I 
below, the Commission recognizes the potential

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market impact of this rule on some entities and invites comments on 
these issues.

3. Existing Mandatory Regulations for Cribs

    In 1973, the Commission issued mandatory regulations for full-size 
cribs, 38 FR 32129 (Nov. 21, 1973), which are codified at 16 CFR part 
1508. The standard was amended in 1982, adding a performance 
requirement to address the hazard of crib cutouts, 47 FR 47534 (Oct. 
27, 1982). This standard has requirements addressing crib dimensions, 
the spacing of crib components, hardware, construction and finishing, 
assembly instructions, warning statements and marking, recordkeeping, 
and cutouts. In 1976, the Commission issued similar regulations for 
non-full-size cribs, 41 FR 6240 (Feb. 12, 1976), codified at 16 CFR 
part 1509 (also amended in 1982 to address cutouts). According to 16 
CFR parts 1508 and 1509, what principally distinguishes full-size from 
non-full-size cribs are the interior dimensions of the crib. Also, 
according to these standards, a full-size crib is intended for use in 
the home, and a non-full-size crib is intended for use ``in or around 
the home, for travel and other purposes.'' A full-size crib has 
interior dimensions of 28  \5/8\ inches (71  
1.6 centimeters) in width by 52 \3/8\  \5/8\ inches (133 
 1.6 centimeters) in length. A non-full-size crib may be 
either smaller or larger than these dimensions. Full-size and non-full-
size cribs also differ in the height of the crib side or rail. Non-
full-size cribs include oversized, specialty, undersized and portable 
cribs. However, any product with mesh/net/screen siding, non-rigidly 
constructed cribs, cradles, car beds, baby baskets, and bassinets are 
excluded from the non-full-size crib requirements of 16 CFR part 1509.
    The requirements of 16 CFR part 1508 have been included in ASTM F 
1169-10, and the requirements of 16 CFR part 1509 have been included in 
ASTM F 406-10. However, the recordkeeping requirements in the ASTM 
standards are expanded from the 3-year retention period that is 
required in 16 CFR parts 1508 and 1509 to a 6-year retention period, 
which is consistent with the consumer registration provision in section 
104(d) of the CPSIA. Also, as explained in part G.2 of this preamble, 
ASTM F 406-10 (for non-full-size cribs) places the recordkeeping 
provision in a non-mandatory appendix. The proposed rule would put the 
recordkeeping provision in the general requirements section of the non-
full-size crib standard.
    Elsewhere in this issue of the Federal Register, the Commission is 
proposing to revoke the existing CPSC regulations for full-size and 
non-full-size cribs, 16 CFR parts 1508 and 1509. As explained in the 
proposed revocation notice, the applicable ASTM standards include the 
requirements of 16 CFR parts 1508 and 1509. Thus, maintaining them 
would be redundant. Revoking the existing regulations will allow all 
the crib-related requirements to be together and will avoid confusion 
about which requirements apply to cribs.
    Related to the proposed revocation of 16 CFR parts 1508 and 1509, 
the Commission is proposing to revise 16 CFR 1500.18(a)(13) and (14). 
These provisions currently state that full-size cribs that do not 
comply with 16 CFR part 1508 and non-full-size cribs that do not comply 
with 16 CFR part 1509 are banned hazardous substances under the Federal 
Hazardous Substances Act (``FHSA''). This notice proposes to change the 
references in 16 CFR 1500.18(a)(13) and (14) to refer to the crib 
standards the Commission is proposing.

4. Previous Commission Activities Concerning Cribs

    In addition to issuing 16 CFR parts 1508 and 1509, the Commission 
has taken other regulatory and non-regulatory actions concerning crib 
hazards. In 1996, the Commission published an advance notice of 
proposed rulemaking (``ANPR'') under the FHSA to address the hazard of 
crib slat disengagement, 61 FR 65996 (Dec. 16, 1996) (``1996 ANPR''). 
The Commission had become aware of 138 incidents, including 12 deaths 
due to entrapment, associated with disengagement of crib slats that 
were reported to the Commission between January 1985 and September 
1996. After issuance of the 1996 ANPR, the CPSC staff worked with ASTM 
to add a provision to ASTM F 1169 to address this hazard. Elsewhere in 
this issue of the Federal Register, the Commission is terminating the 
rulemaking it began with the 1996 ANPR because the slat disengagement 
hazard is addressed by the standards the Commission is proposing.
    More recently, the Commission's Office of Compliance staff has been 
involved with numerous investigations and recalls of cribs. Since 2007, 
CPSC has issued 40 recalls of over 11 million cribs. All but 7 of these 
recalls were for product defects that created a substantial product 
hazard, and not for violations of the federal crib regulations.
    On November 25, 2008, the Commission published an ANPR discussing 
options to address the hazards which CPSC staff had identified in the 
reported crib incidents and recalls. The ANPR focused on drop side crib 
hardware, other hardware, assembly issues, and wood quality. Comments 
in response to the ANPR suggested that CPSC should look more broadly at 
crib safety issues to develop a comprehensive crib rule and seek to 
harmonize its regulations with international standards. Another comment 
expressed concern about the potential costs for small businesses that 
may sell only several hundred cribs per year. Several consumer groups 
supported mandating the ASTM crib standards and additionally 
strengthening crib regulations by such actions as banning drop sides, 
requiring test methods mandated by other standards, and strengthening 
requirements for crib hardware. The hazards discussed in the 2008 ANPR 
are addressed in this proposal.
    On April 22, 2009, CPSC staff held a public roundtable meeting 
concerning crib safety to solicit input about existing voluntary and 
mandatory standards to help the staff in developing crib standards 
under section 104 of the CPSIA. Information about the crib roundtable 
and the presentations made by CPSC staff and others are on the 
Commission's Web site at https://www.cpsc.gov/info/cribs/infantsleep.html. Over 100 people attended the roundtable, including 
representatives from crib manufacturers, testing laboratories, consumer 
groups, other government agencies, and other interested stakeholders.

B. The Products

1. Definitions

    According to existing CPSC standards and the ASTM standards, a crib 
is a bed designed to provide sleeping accommodations for an infant. As 
discussed previously, full-size cribs have specific interior dimensions 
(28  \5/8\ inches (71  1.6 centimeters) in 
width by 52\3/8\  \5/8\ inches (133  1.6 
centimeters) in length). Non-full-size cribs are either smaller or 
larger than full-size cribs. The category of non-full-size cribs 
includes oversized, specialty, undersized and portable cribs, but does 
not include any product with mesh/net/screen siding, non-rigidly 
constructed cribs, cradles, car beds, baby baskets, or bassinets.

2. The Market for Full-Size Cribs

    The CPSC staff estimates that there are currently 68 manufacturers 
or importers supplying full-size cribs to the United States market. Ten 
of these

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firms are domestic importers (15 percent), 42 are domestic 
manufacturers (62 percent), 7 are foreign manufacturers (10 percent), 
and 2 are foreign importers (3 percent). Insufficient information was 
available about the remaining firms to categorize them.
    Based on information from a 2005 survey conducted by the American 
Baby Group, CPSC staff estimates annual sales of new cribs to be about 
2.4 million, of which approximately 2.1 million are full-size cribs 
(could be an underestimate if new mothers buy more than one crib). CPSC 
staff estimates that there are currently approximately 591 models of 
full-size cribs compared to approximately 81 models of non-full-size 
cribs. Thus, approximately 88 percent of crib models are full-size 
cribs.

3. The Market for Non-Full-Size Cribs

    CPSC staff estimates that there are currently at least 17 
manufacturers or importers supplying non-full-size cribs to the United 
States market. Five of these firms are domestic importers and ten are 
domestic manufacturers. Insufficient information is available to 
determine whether the remaining firms are manufacturers or importers. 
CPSC staff estimates that there are approximately 2.4 million cribs 
sold to households annually. Of these, approximately 293,000 are non-
full-size cribs.

4. Retailers, Child Care Facilities and Places of Public Accommodation

    Section 104(c) of the CPSIA explicitly provides that the crib 
standards issued under this section will apply to retailers (of both 
new and used cribs), child care facilities, and owners and operators of 
places of public accommodation affecting commerce. The CPSIA defines a 
``place of public accommodation affecting commerce'' with reference to 
the Federal Fire Prevention and Control Act of 1974 (but without the 
phrase that excludes establishments owned by the Federal Government). 
Thus, the definition under the CPSIA is:

    any inn, hotel, or other establishment * * * that provides 
lodging to transient guests, except that such term does not include 
an establishment treated as an apartment building for purposes of 
any State or local law or regulation or an establishment located 
within a building that contains not more than 5 rooms for rent or 
hire and that is actually occupied as a residence by the proprietor 
of such establishment.

15 U.S.C. 2203(7).

    CPSC staff is unable to estimate the number of retailers that may 
sell or provide cribs. However, the number would be some subset of 
approximately 24, 985 retail firms in the United States (at least 5, 
292 of which sell used products). The CPSC staff estimates that there 
are approximately 59, 555 firms supplying day care services and 43,303 
firms providing public accommodation.

C. Incident Data

    In November 2007, CPSC staff began a pilot project known as the 
Early Warning System (``EWS'') to monitor incident reports related to 
cribs. Between November 1, 2007 and April 11, 2010, the Commission has 
reports through EWS of 3,584 incidents related to cribs. The year of 
the incident associated with these reports ranged from 1986 through 
2010. However, very few crib-related incidents that occurred before 
2007 are reflected in EWS. Data from EWS is not meant to provide an 
estimate of all crib-related incidents that have occurred during any 
particular time period. Rather, because a substantial number of EWS 
incident reports were assigned for follow-up investigation, the EWS 
incidents provide a better illustration of the hazard patterns 
associated with incidents involving cribs than other CPSC databases 
could.
    Of the 3,584 incidents reported through EWS, CPSC staff has clearly 
identified 2,395 incidents as involving full-size cribs, 64 incidents 
as clearly involving non-full-size cribs, and 1,125 incidents as 
lacking sufficient data for CPSC staff to determine whether they 
involved full-size or non-full-size cribs. The prevalent hazards 
reported in these incidents are common to all cribs, regardless of 
size. Given the predominance of incident reports identified as 
involving full-size cribs, the 1,125 incidents in which size of the 
crib could not be determined are grouped with the category of full-size 
cribs.

1. Full-Size Cribs (Includes Cribs of Undetermined Size)

    This section discusses incident data in the 3,520 reports from EWS 
involving 2,395 full-size cribs and 1,125 reports involving cribs of an 
undetermined size. Of these 3,520 incident reports, there were 147 
fatalities, 1,675 non-fatal injuries, and 1,698 non-injury incidents. 
The non-injury incidents range from incidents that could have 
potentially resulted in injuries or fatalities to general complaints or 
comments from consumers. Reporting is ongoing; the number of reported 
fatalities, non-fatal injuries, and non-injury incidents will change in 
the future.
a. Fatalities
    Between November 1, 2007 and April 11, 2010, a total of 147 
fatalities associated with full-size cribs were reported to the 
Commission. A majority of the deaths (107 out of 147, or almost 73 
percent) were not related to any structural failure or design flaw of 
the crib, but fell into the following categories:
     62 suffocation deaths related to presence of soft bedding;
     17 asphyxiation deaths related to prone positioning of 
infant;
     12 strangulation deaths related to window blind/
electrical/other cords in or near crib; and
     16 remaining deaths resulted from miscellaneous hazards, 
e.g., plastic bags in crib and use of nursery product accessories in 
crib
    There were 35 fatalities attributable to structural problems of the 
crib. Nearly all (34 of the 35) were due to head/neck/body entrapments. 
Over half of these (18 out of 35) were related to drop-side failures. 
Almost all of the crib failures--whether they occurred due to 
detachments, disengagements, or breakages--created openings in which 
the infant became entrapped. One entrapment death resulted from a child 
becoming trapped between a wall and a crib while trying to climb out of 
the crib; there was a crib assembly problem that prevented the mattress 
support from being lowered sufficiently. The non-entrapment death 
resulted from a loose screw becoming lodged in the decedent's throat. 
(For five fatalities, no information on the circumstances was 
available.)
b. Non-Fatal Injuries
    Of the 3,520 incident reports involving full-size (and undetermined 
size) cribs, 1,675 reported a crib-related injury. The vast majority 
(97 percent) of these injuries were not serious enough to require 
hospitalization. Approximately half of those that did require 
hospitalization involved limb or skull fractures and other head 
injuries resulting from falls from cribs. Most of the remaining 
injuries resulted from children getting their limbs caught between crib 
slats, falling inside the crib and hitting the crib structure, or 
getting stuck in gaps created by structural failures.
c. Hazard Pattern Identification
    CPSC staff considered all 3,520 incidents (including fatalities, 
non-fatalities, and non-injury incidents) involving full-size cribs 
(including cribs of undetermined size) to identify hazard patterns 
related to these incidents. CPSC

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staff grouped these incidents into four broad categories: (1) Product-
related; (2) non-product related; (3) recall-related; and (4) 
miscellaneous. More detail is provided in the Epidemiology staff's 
memorandum that is part of the CPSC staff's briefing package available 
on the CPSC Web site at https://www.cpsc.gov.
    Product-related. About 82 percent of the 3,520 incidents reported 
some sort of failure or defect in the product itself. Beginning with 
the most frequently reported concerns these included:
     Falls from cribs accounted for approximately 23 percent 
(about 800 reports) of the 3,520 incidents. This category accounts for 
the largest proportion of injuries, but no fatalities.
     Crib drop-side-related problems, which include drop-side 
detachment, operation, hardware, and assembly issues, among others, 
accounted for about 22 percent (approximately 770 reports) of the 
incidents. This category accounts for 12 percent of all reported 
fatalities.
     Infants getting their limbs caught between the crib slats 
accounted for 12 percent (about 430 reports) of the incidents in the 
EWS. No fatalities were reported in this category.
     Wood-related issues were reported in about 12 percent 
(approximately 410 reports) of all incidents in the EWS. This includes 
fractured slats, slat detachments, and fractured rails, among others. 
One fatality was reported in this category.
     Mattress support-related problems were reported in about 5 
percent (approximately 170 reports) of the incidents. Four fatalities 
were reported in this category.
     Mattress fit problems were reported in about 3 percent 
(about 100 reports) of the incidents in the EWS. These problems can 
cause partial or full body entrapments in the space between mattress 
and crib side. Numerous bruising injuries but no fatalities were 
reported in this category.
     Paint-related issues were reported/complained of in about 
2 percent (approximately 90 reports) of the EWS reports. These mostly 
expressed concern about a possible choking hazard or lead exposure from 
children chewing on paint chips.
     Miscellaneous problems with the crib structure were 
reported in 3 percent (120 reports) of the EWS incidents. These 
included non-drop-side or drop gate failures, sharp catch-points, 
stability and/or other structural issues and included 12 fatalities.
    Non-product-related. Approximately 10 percent (about 340 reports) 
of the 3,520 incident reports were of deaths, injuries, or non-injury 
incidents that could not be associated with any product defect or 
failure. As previously noted, most fatalities in full-size cribs were 
associated with the use of soft/extra bedding in the crib, prone 
positioning of the infant on the sleep surface, and the presence of 
hazardous surroundings in and around the crib.
    Recall-related. About 5 percent (approximately 180 reports) of the 
3,520 reports were related to recalled cribs. Most of the reports were 
complaints or inquiries from consumers regarding a recalled product.
    Miscellaneous. The remaining 3 percent (about 100 reports) of the 
incidents reported a variety of miscellaneous problems including bug-
infested cribs, odor/fumes emanating from cribs, unexplained 
fatalities/injuries to infants in cribs, and ambiguous descriptions of 
problems. There were five fatalities included in this category.

2. Non-Full-Size Cribs

    This category includes portable cribs and other cribs that are 
either smaller or larger than the dimensions specified for full-size 
cribs. For its review of incident data, staff included in the category 
of non-full-size cribs only those cribs it could positively identify as 
non-full-size cribs. CPSC staff is aware of 64 incidents related to 
non-full-size cribs that have been reported between November 1, 2007 
and April 11, 2010. Among these incidents, there were 6 fatalities, 28 
injuries, and 30 non-injury incidents. Because reporting is ongoing, 
the number of reported fatalities, non-fatal injuries, and non-injury 
incidents presented here may change in the future.
a. Fatalities
    Of the six fatalities, three were attributed to the presence of a 
cushion/pillow in the sleep area. One fatality was due to the prone 
positioning of the infant on the sleep surface. One fatality resulted 
from the infant getting entrapped in a gap opened up by loose/missing 
screws. Very little information was available on the circumstances of 
the last fatality.
b. Non-Fatal Injuries
    Among the 28 non-fatal injuries reported, only 2 required any 
hospitalization. Most of the remaining injuries, which include 
fractures, bruises, and lacerations, resulted from children falling and 
hitting the crib structure while in the crib, falling or climbing out 
of the crib, and children getting their limbs caught in the crib slats.
c. Hazard Pattern Identification
    CPSC staff considered all 64 incidents (including fatalities, non-
fatalities, and non-injury incidents) involving non-full-size cribs to 
identify hazard patterns related to these incidents. The hazard 
patterns are similar to those among full-size cribs.
    Product-related. Seventy-two percent of the incidents reported 
product-related issues. These primarily involved falls from cribs, 
limbs becoming caught between slats, issues related to drop-sides and 
non-drop-sides (such as detachments and operation/hardware issues), and 
wood-related issues (including three slat detachments). This category 
includes one fatality which was related to non-drop-side hardware.
    Non-product-related. Nineteen percent of the incidents reported 
non-product-related issues. These included four of the six fatalities--
three on pillows/cushions and one from prone positioning--and eight 
injuries resulting from the infant hitting and getting hurt on the crib 
structure while in the crib.
    Recall-related. Three percent of the reports were related to 
recalled products.
    Miscellaneous. The remaining 6 percent of incidents included 
reports of such miscellaneous issues as a bug-infested crib, an 
ambiguous description of an incident requiring hospitalization of the 
infant, and a fatality with very little information on the 
circumstances involved.

D. Voluntary and International Standards

    As part of its work in developing standards for full-size and non-
full-size cribs under section 104 of the CPSIA, CPSC staff reviewed 
requirements of existing voluntary and international standards related 
to cribs. The primary such standards currently in effect are the ASTM 
standards for full-size and non-full-size cribs, a Canadian standard 
and a European standard. Underwriters Laboratories, Inc. (``UL'') has a 
crib standard, UL 2275. However, the UL standard was not followed by 
crib manufacturers and is no longer an active standard.

1. The ASTM Standards

    ASTM first published its voluntary standard for full-size cribs, 
ASTM F 1169, Standard Specification for Full-Size Baby Crib, in 1988. 
At that time, provisions included requirements for crib side testing, 
vertical impact testing, a mattress support system test, a test method 
for crib side latches, a plastic teething test and requirements for 
labeling and instructional literature.

[[Page 43312]]

ASTM F 1169 was revised in 1999 in response to the Commission's 1996 
ANPR to address the integrity of slat-to-rail joints. The revision 
added a torque test for side spindles and increased the applied weight 
and number of cycles for cyclic testing. ASTM F 1169 was revised again 
in 2003 to include requirements addressing corner post entanglements 
and to make editorial changes. The 2007 revision made further editorial 
changes. In 2009, the standard was revised significantly to include a 
limitation on movable sides that effectively eliminates the traditional 
drop side design in which the front side of the crib can be raised and 
lowered. The 2009 revision also added a new performance requirement for 
slat strength. On June 1, 2010, ASTM approved the current version of 
its full-size crib standard with a slight change to the name, ASTM F 
1169-10, Standard Consumer Safety Specification for Full-Size Baby 
Cribs, which is discussed in section E of this preamble.
    In 1997, ASTM first published a standard for non-full-size cribs, 
ASTM F 1822, Standard Consumer Safety Specification for Non-Full-Size 
Baby Cribs. ASTM F 1822 covered products that provide sleeping 
accommodations for a child and have interior dimensions between 17'' 
and 26'' side and between 35'' and 50\3/8\'' long (excluding bassinets, 
cradles, and baskets). In June 2002, in order to group products with 
similar uses, ASTM combined its non-full-size crib standard, ASTM F 
1822-97, with its play yard standard (F 406-99, Standard Consumer 
Safety Specification for Play Yards) to create ASTM F 406-02, Standard 
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards. 
ASTM revised ASTM F 406 several times subsequently. On June 1, 2010, 
ASTM approved the current version of its non-full-size crib standard, F 
406-10, which is discussed in section E of this preamble.

2. International Standards

    Health Canada's crib standard, SOR/86-969, and the European 
standard, EN 716, have several performance requirements that have 
essentially been included in ASTM F 1169-10. These include the cyclic 
side (shake) test and the mattress support system vertical impact test 
(with slight modification) from the Canadian standard. The slat/spindle 
strength test in ASTM F 1169-10 evolved from the EN 716 requirements. 
However, the ASTM F 1169-10 test is more stringent than the slat/
spindle test in the EN standard. The Commission recognizes the 
efficiencies to be gained from harmonization with international 
standards but given staff's conclusions that its proposed tests will 
reduce the likelihood of injury and death, adopts for this notice the 
more stringent tests described above. The Commission recognizes the 
potential market impact of this rule on some entities that sell in the 
global marketplace and invites comments on the proposed tests as well.

E. The ASTM 2010 Crib Standards

    As noted in the previous section of this preamble, both ASTM F 1169 
and ASTM F 406 have been significantly revised in 2009 and 2010. The 
Commission is adopting the 2010 version of these standards with certain 
modifications discussed in section G of this preamble. Drawing from its 
experience with investigations and recalls related to cribs, from 
knowledge gained through the crib roundtable and ANPR comments, and 
from participation in ASTM meetings, CPSC staff developed a list of 
areas the staff believes should be considered in revised standards for 
full-size and non-full-size cribs. These areas of consideration are:

 Drop-side hardware systems
 Non-drop-side hardware systems
 Mattress support issues
 Wood screws
 Assembly and instruction issues
 General requirements
 Slat integrity/wood quality
 Paint/finish
 Attachments
 Slat spacing
 Climb/fall out
 Mattress fit

    Most of these areas are now addressed in ASTM F 1169-10 and ASTM F 
406-10. To the extent that there are structural/design issues not 
adequately addressed by the ASTM standards, the Commission is proposing 
modifications to address these. This is primarily the case with the 
non-full-size crib standard that lacks some of the more stringent 
requirements found in the full-size crib standard. (These proposed 
modifications are discussed in section G of this preamble.)
    Some hazards that CPSC staff identified--such as climbing/falling 
out of cribs, mattress fit, and limb entrapments--are difficult to 
address through crib standards. The Commission intends to address these 
hazards through other means.
    Climb/fall out. With regard to the climb/fall out hazard, product 
changes, such as increasing the height of the crib sides, could create 
other hazards or lead to use of sleeping arrangements other than cribs 
(which could be more hazardous). A principal factor in these incidents 
is the continued use of cribs with children who are capable of climbing 
out of the crib. The full-size crib standard moved the warning about 
when to stop using a crib into a higher position in the list of 
warnings (this warning was already in a prominent position in the non-
full-size crib standard).
    Mattress fit. With regard to the fit of the crib mattress, CPSC 
staff's review of available data found no deaths or serious injuries 
related to this issue. (The fit of the mattress is only an issue with 
full-size cribs because non-full-size cribs come with a mattress that 
is required to fit with no gaps larger than \1/2\ inch.) However, a 
significant gap between the mattress and the crib structure could 
potentially create an entrapment hazard. The Commission believes this 
issue would best be addressed through a separate ASTM standard for 
full-size crib mattresses. ASTM has begun work on such a standard, and 
CPSC staff is participating in this development.
    Limb entrapment. With regard to limb entrapments between slats, no 
deaths have been associated with this hazard, but some fractures and 
bruising have been reported. The existing spacing requirement--maximum 
width of 2\3/8\ inches (6 cm)--specified in 16 CFR 1508 and 1509 (and 
maintained in ASTM F 1169-10 and ASTM F 406-10) has been extremely 
effective in preventing incidents of fatal head/neck entrapment and 
strangulation. Increasing the spacing requirement to address the limb 
injuries could increase such fatalities, and decreasing the requirement 
could result in other limb entrapments of smaller infants or smaller 
body parts.

1. ASTM F 1169-10 Standard for Full-Size Baby Cribs

    ASTM F 1169-10 includes definitions; general requirements; 
performance requirements; specific test methods; and requirements for 
marking, labeling, and instructional literature.
    Definitions. The definition of full-size crib is the same as the 
current definition in 16 CFR part 1508. Among the other terms defined 
are ``accessory,'' ``key structural element,'' ``mattress support 
system,'' and ``movable side.''
    General requirements. Several general requirements, such as 
specifications for interior crib dimensions and rail height, spacing of 
crib components, restrictions on toe holds, prohibition on hardware or 
fasteners that present mechanical hazards; restrictions on wood screws; 
and requirements for recordkeeping come from the provisions of 16 CFR 
part 1508. Other general requirements include, but are not limited to: 
Paint

[[Page 43313]]

and surface coatings must comply with the lead paint restrictions in 16 
CFR part 1303; small parts (as defined in 16 CFR part 1501) are 
prohibited; corner post assemblies must not extend beyond 0.06 inches 
(1.50 mm) above the upper edge of an end or side panel; movable sides 
are limited so that traditional drop sides are essentially eliminated, 
but designs that use a hinged joint that folds down are allowed; and in 
addition to the restrictions on wood screws that were already in 16 CFR 
part 1508, wood screws and other fasteners must meet additional 
requirements.
    Performance requirements. ASTM F 1169-10 contains numerous 
performance requirements and specifies applicable test methods. These 
include: A requirement for spindle slat strength testing; mattress 
support system tests (impact and static load testing and openings 
requirements); crib side tests (includes crib side static and impact 
tests and a crib side spindle/slat torque test); a plastic teething 
rail test; crib side latch tests; dynamic structural cyclic (shake) 
tests (includes horizontal and vertical cyclic testing to simulate 
shaking); a component separation limitation (post testing); cutout 
testing; accessories entrapment testing; as well as providing a 
specified order for these tests.
    Marking, labeling and instructional literature. ASTM F 1169-10 
includes the marking, labeling and instructional requirements that are 
currently in 16 CFR part 1508 as well as requirements for warnings 
concerning suffocation on soft bedding, strangulation on strings or 
cords, and the hazard of falls from the crib. The ASTM standard also 
requires that instructions that are easy to read and understand be 
provided with the crib and that the instructions contain certain 
information and warnings.

2. ASTM F 406-10 Standard for Non-Full-Size Baby Cribs

    Like the ASTM standard for full-size cribs, ASTM F 406-10 includes 
definitions; general requirements; performance requirements; specific 
test methods; and requirements for marking, labeling, and instructional 
literature.
    Definitions. The definition of ``non-full-size crib'' is the same 
as that in 16 CFR part 1509. Although ASTM 406-10 includes play yards 
within its scope, and the standard provides a definition of play yard, 
the Commission is not including play yards in its proposed non-full-
size crib standard. (ASTM F 406-10 defines a ``play yard'' as ``a 
framed enclosure that includes a floor and has mesh or fabric sided 
panels primarily intended to provide a play or sleeping environment for 
children. It may fold for storage or travel.'') The Commission will be 
developing a separate standard for play yards in the near future.
    General requirements. For the ASTM non-full-size crib standard, 
general requirements include: Restrictions on corner post assemblies 
(must not extend beyond 0.06 inches (1.50 mm) above the upper edge of 
an end or side panel); requirements that cribs meet CPSC provisions 
concerning sharp points and edges, small parts, lead paint, and 
flammable solids; restrictions concerning scissoring, shearing and 
pinching; toy accessory requirements; requirements for latching and 
locking mechanisms; and restrictions on openings. The standard also 
contains requirements concerning protective components, labeling, 
stability, cord/strap length, coil springs, entrapment in accessories, 
and for mattresses which must be provided with non-full-size cribs.
    Performance and test method requirements. The non-full-size crib 
standard provides performance requirements, including a requirement for 
crib side height (including a limitation on crib side configurations 
that essentially bans traditional drop sides); hardware requirements 
(including requirements for fasteners and wood screws); construction 
and finishing requirements; spindle/slat strength testing; mattress 
support system testing (including vertical impact and static load 
testing); crib side tests (includes static and impact tests); a plastic 
teething rail test; foldable side or end latch tests; and dynamic 
structural cyclic (shake) tests (includes horizontal and vertical 
cyclic testing to simulate shaking).
    Marking, labeling and instructions. ASTM F 406-10 has requirements 
for marking, labeling and instructions that are similar to the 
requirements for full-size cribs. However, the standard contains 
additional provisions for warning statements addressing hazards posed 
by cribs that are likely to be moved around often.

F. Assessment of Voluntary Standards ASTM F 1169-10 and ASTM F 406-10

1. Section 104(b) of the CPSIA: Consultation and CPSC Staff Review

    Section 104(b) of the CPSIA requires the Commission to assess the 
effectiveness of the voluntary standard in consultation with 
representatives of consumer groups, juvenile product manufacturers, and 
other experts. This consultation process for the full-size and non-
full-size crib standards has involved an ANPR, a public crib 
roundtable, and in-depth involvement with ASTM. CPSC staff's 
consultations with ASTM are ongoing.

2. Full-Size Crib Standard; ASTM F 1169-10

    The Commission believes that the provisions of ASTM F 1169-10 are 
effective to reduce the risk of injury associated with full-size cribs. 
The Commission is proposing one modification, discussed in section G.1 
of this preamble, to strengthen the ASTM standard. This section 
summarizes how the provisions of ASTM F 1169-10 address the principal 
crib-related hazards CPC staff has identified.
    Moveable side (drop-side) requirements. A review of the incident 
data indicates that 18 of 35 fatalities attributable to structural 
failures of cribs were related to drop-side failures. The fatalities 
occurred when gaps were created when the corner of the drop side 
dislocated or disengaged from the crib end. ASTM F 1169-10 addresses 
this type of hazard through a requirement that the sides of a crib be 
fixed in place and have no movable sections less than 20 inches from 
the top of the mattress support (effectively eliminating drop sides).
    Structural integrity requirements (including non-drop-side 
hardware). CPSC staff attributed 12 of the 35 fatalities to problems 
with non-drop-side hardware and poor structural integrity. Many of 
these incidents occurred when screws or inserts loosened over time 
causing primary crib elements, such as crib side rails and ends, to 
separate and create an entrapment hazard. ASTM F 1169-10 addresses this 
type of hazard through requirements for screw fasteners, locking 
components, and the cyclic side (shake) test.
    Screw fastener and locking feature requirements. Loosening of wood 
screw and other fasteners has also led to crib incidents. ASTM F 1169-
10 includes the wood screw requirements of 16 CFR 1508 and also: 
Restricts the use of wood screws as primary fasteners; prohibits use of 
wood screws in structural elements that a consumer would need to 
assemble; and adds stricter requirements for the use of threaded metal 
inserts and other metal threaded fasteners.
    Alternating horizontal and vertical cyclic side (shake) test. Among 
the incidents reported through EWS, were problems with the structural 
integrity of cribs, and hardware issues. The cyclic side (shake) test--
which simulates a child's lifetime shaking of the crib--should address 
the types of incidents

[[Page 43314]]

related to loosened joints, detached sides and overall poor structural 
integrity. The test applies a cyclic force (9,000 vertical and then 
9,000 horizontal load cycles using 27 lbf) at the midpoint of each top 
rail, end and side of the crib.
    Mattress support vertical impact test. Among the EWS incidents were 
3 deaths due to entrapments between a mattress support and a crib 
structure and 168 reported non-fatal incidents related to mattress 
support structural failures. ASTM F 1169-10 includes a mattress impact 
cyclic test developed by Health Canada. This test consists of dropping 
a 45-pound mass (20 kg) repeatedly every 4 seconds onto a polyurethane 
foam test mattress covered in vinyl and supported by the mattress 
support system.
    Crib side vertical impact test. Although a provision was added to 
the ASTM F 1169 standard in 1999 to require testing of crib side 
spindles and slats, some incidents involving crib slat disengagement 
(which can result in entrapment) have continued to occur. ASTM F 1169-
10 strengthens that testing requirement by specifying that any crib 
side with slats must be tested (previously the number of sides was not 
specified and manufacturers could test just one side).
    Slat/spindle strength test. CPSC staff identified 1 death and 219 
non-fatal incidents that were related to fractures of the crib slats or 
rails. Broken or dislocated slats can cause a gap of approximately 5 
inches that can result in entrapment. The 2009 version of the ASTM 
standard required testing slat strength at 56.2 pounds. Based on 
testing and evaluations by the Commission's Engineering staff, ASTM F 
1169-10 makes this test more stringent by requiring a set number of 
slats to withstand an 80-pound load.
    Mis-assembly issues. ASTM F 1169-10 includes a requirement that 
states: ``Crib designs shall only allow assembly of key structural 
elements in the manufacturer's recommended use position or have 
markings that indicate their proper orientation. The markings must be 
conspicuous in the misassembled state.'' This new requirement will 
address incidents where mis-assembly has been found to be a 
contributing factor.
    Order of testing. ASTM F 1169-10 specifies the order in which all 
performance tests must be conducted:

1. Teething rail test
2. Cyclic side (shake) test
3. Crib side latch test
4. Mattress support system vertical impact test
5. Mattress support system static test
6. Crib side vertical impact test
7. Slat/spindle strength test

This order requires that the least stringent test be performed first, 
and for the testing order to continue in increasing stringency. This 
order also means that testing begins with a disassembled crib for the 
teething rail test, and the crib is assembled for the tests up to the 
slat/spindle strength test which is conducted on disassembled side 
rails.
    CPSC staff believes that the combination of the cyclic side test 
(simulating a child standing and shaking the top of a side rail), 
mattress support system vertical impact test (child jumping), side rail 
impact test (child climbing outside of rail), and the slat/spindle 
strength tests (child and/or sibling falling against or kicking slats) 
together comprise a laboratory simulation of a lifetime of use. Each 
test represents a specific aspect of one life cycle. CPSC staff 
believes that the new requirements in ASTM F 1169-10 are a significant 
improvement to the previous standards and should result in more robust 
cribs.

3. Non-Full-Size Crib Standard; ASTM F 406-10

    The Commission believes that the provisions of ASTM F 406-10, with 
the modifications it proposes, are effective to reduce the risk of 
injury associated with non-full-size cribs. The Commission is proposing 
four modifications and two editorial changes, discussed in section G.2 
of this preamble, to strengthen the ASTM standard. This section 
summarizes how the provisions of ASTM F 406-10 address the principal 
crib-related hazards CPSC staff has identified.
    Wood screws and other fasteners. The loosening of wood screws and 
other fasteners has been involved in crib incidents leading to 
structural problems and entrapment. ASTM F 406-10 addresses this hazard 
through requirements that are identical to those in ASTM F 1169-10.
    Alternating horizontal and vertical cyclic side test (shake test). 
ASTM F 406-10 contains the same cyclic for crib sides test that 
simulates a child's shaking the crib as is provided in ASTM F 1169-10.
    Spindle/slat testing. The spindle/slat performance test in ASTM F 
406-10 is identical to the one in ASTM F 1169-10.
    Mis-assembly issues. This provision concerning mis-assembly is 
identical to the one in ASTM F 1169-10.
    Movable side (drop-side) requirements. Similar to the ASTM standard 
for full-size cribs, ASTM F 406-10 contains requirements that restrict 
moveable sides, and have the effect of eliminating traditional drop 
sides.

G. Description of Proposed Changes to ASTM Standards

    CPSC staff has evaluated ASTM F 1169-10 and ASTM F 406-10 to 
determine the adequacy of these standards and any modification that 
might be needed to strengthen them. Based on this assessment and 
consultations with others, the Commission proposes a consumer product 
safety standard for full-size cribs that incorporates by reference ASTM 
F 1169-10 with one modification described in this section and proposes 
a consumer product safety standard for non-full-size cribs that 
incorporates by reference ASTM F 406-10 with the four modifications and 
two editorial changes described in this section.
    To best understand the proposed standards it is helpful to view the 
current ASTM standards for full-size cribs and non-full-size cribs at 
the same time as the Commission's proposed modifications. The ASTM crib 
standards are available for viewing for this purpose during the comment 
period through this link: https://www.astm.org/cpsc.htm.

1. Proposed Change to the Full-Size Crib Standard (ASTM F 1169-10)

    The Commission is proposing one modification to ASTM F 1169-10. 
ASTM F 1169-10 allows retightening of screws between the crib side 
latch test and mattress support vertical impact tests. Industry 
representatives have argued that this allowance is needed because they 
believe the cyclic side ``shake'' test will loosen fasteners, which may 
cause a crib to fail some performance requirements in subsequent tests. 
ASTM F 1169-10 defines failure as key components separating by 0.04 
inch (1.0 mm), typically 1-1\1/2\ turns of a fastener.
    CPSC staff believes that the combination of performance tests in 
ASTM F 1169-10 comprise a laboratory simulation of a lifetime of use, 
and only as a combined whole, functioning together, is this simulation 
accomplished. Retightening fasteners would sever the chain of 
accumulated conditioning effects. CPSC staff does not believe that 
performing the sequence of tests without retightening fasteners is an 
overly restrictive test. The Canadian standard does not allow for any 
retightening of fasteners while a crib is tested. According to 
representatives from Health Canada, this has not been a problem for the 
vast majority of cribs

[[Page 43315]]

tested to the Canadian standard. The CPSC staff is aware of at least 
ten fatal incidents in which loose screws have contributed to the death 
of a child. Loosened hardware can lead to gaps in which the child can 
become entrapped. Thus, it is important for fasteners to remain secure 
during the useful life of the crib.

2. Proposed Changes to the Non-Full-Size Crib Standard (ASTM F 406-10)

    The Commission is proposing four modifications and two editorial 
changes to ASTM F 406-10. These changes are necessary to adequately 
address the risk of injury posed by non-full-size cribs. The proposed 
changes will make the non-full-size crib standard more consistent with 
the standard for full-size cribs.
    Mattress support system cyclic impact test. The Commission proposes 
to replace the mattress support performance requirement in ASTM F 406-
10 with the test requirement developed by Health Canada that is in the 
full-size crib standard, ASTM F 1169-10. At its May 12, 2010 meeting, 
the ASTM subcommittee for the F 406 standard reviewed this mattress 
support impact test for inclusion in ASTM F 406-10 and is expected to 
vote on it at the next subcommittee meeting. This change is needed to 
address mattress support hardware and related structural integrity 
hazards.
    Crib side tests. The side impact test in ASTM F 406-10 is less 
stringent than the side impact test included in the standard for full-
size cribs, ASTM F 1169-10 which was revised in 1999 after the 
Commission's 1996 ANPR concerning crib slat disengagements. However, 
the same revision was never made to the non-full-size crib standard. 
The Commission proposes to change the side impact test in the non-full-
size crib standard to make it identical to the requirements in ASTM F 
1169-10. This includes increasing the weight and number of cycles for 
the impact testing, and adding the spindle/slat torque test which 
involves twisting each slat after the side rail impact test to 
determine whether the side rail impact test has weakened the spindle/
slat-to-rail joints which could create an entrapment hazard. The full-
size crib standard includes this test, and the Commission proposes 
adding the same test to the non-full-size crib standard.
    Movable side latch tests. These tests had been part of all the 
previous versions of ASTM F 406 and were called the ``Vertical Drop-
Side Latch Tests.'' They were removed during the development of F 406-
10 in connection with the new limitation on movable sides. However, 
movable sides using other methods than a traditional drop-side are 
still permitted. Thus, the Commission believes the tests are still 
necessary. The Commission proposes to restore the requirement and 
rename it ``movable side latch tests.''
    Order of structural tests. ASTM F 406-10 does not specify the order 
in which tests must be performed for non-full-size cribs. As discussed 
in section F.2 above, however, ASTM F 1169-10 does specify the test 
order for full-size cribs. The Commission proposes to specify the same 
testing order for non-full-size cribs.
    Editorial change to limit standard to non-full-size cribs. ASTM F 
406-10 covers play yards as well as non-full-size cribs and thus 
includes specific requirements for mesh/fabric sided products. In the 
future, the Commission will establish a separate standard for play 
yards under the process established by section 104 of the CPSIA. The 
Commission proposes changes to clarify that its standard covers only 
non-full-size cribs, removing provisions that apply only to mesh/fabric 
sided products.
    Editorial change to place recordkeeping provision in general 
requirements. ASTM F 406-10 contains a recordkeeping provision that is 
nearly identical to that in 16 CFR part 1509 (the ASTM provision 
requires record retention for 6 years, whereas 16 CFR part 1509 
requires that records be maintained for 3 years). This recordkeeping 
provision is in the non-mandatory appendix of ASTM F 406-10. The 
Commission's proposal places this requirement in the general 
requirements section (which is the location of the recordkeeping 
provision in ASTM F 1169-10 for full-size cribs).

H. 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. Id. 553(d). To allow time for cribs to come into 
compliance, the Commission proposes that the standard would become 
effective 6 months after publication of a final rule. This is 
consistent with other standards the Commission has proposed under 
section 104 of the CPSIA. The Commission invites comments regarding the 
sufficiency of a six-month effective date for the crib standards.

I. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA'') generally requires that 
agencies review proposed rules for their potential economic impact on 
small entities, including small businesses. 5 U.S.C. 603

1. Full-Size Cribs

a. The Market for Full-Size Cribs
    As mentioned above, CPSC staff is currently aware of 68 
manufacturers or importers supplying full-size cribs to the United 
States (``U.S.'') market (of those that could be categorized, 10 are 
domestic importers, 42 are domestic manufacturers, 7 are foreign 
manufacturers, and 2 are foreign importers).
    The Juvenile Products Manufacturers Association (``JPMA''), the 
major U.S. trade association that represents juvenile product 
manufacturers and importers, runs a voluntary certification program for 
several juvenile products. Approximately 30 firms (44 percent) supply 
full-size cribs to the U.S. market that have been certified by JPMA as 
complying with the ASTM voluntary standard. Additionally, 15 firms 
claim compliance, although their products have not been certified by 
JPMA. It is assumed throughout this summary that the 45 firms that are 
certified or claim to be compliant with earlier ASTM standards will 
remain compliant with the 2010 version of the ASTM F 1169-10.
    According to a 2005 survey conducted by the American Baby Group 
(2006 Baby Products Tracking Study), 90 percent of new mothers own 
cribs. Approximately 36 percent of wood cribs and 50 percent of metal 
cribs were handed down or purchased second-hand. Using an average 
weighted by the ownership of each type of crib (83 percent for wood and 
7 percent for metal), CPSC staff estimates that approximately 37 
percent of all cribs were handed down or purchased second-hand. Thus 
about 63 percent of cribs were acquired new. This suggests annual sales 
of about 2.4 million cribs to households (.63 x .9 x 4.3 million births 
per year). To the extent that new mothers own more than one crib, 
annual sales may be underestimated. Based on a review of the United 
States market, it appears that there are approximately 591 full-size 
crib models and 81 non-full-size crib models currently being supplied. 
Therefore, approximately 88 percent of the crib models on the U.S. 
market are full-sized. Applying this percentage to the number of cribs 
sold annually, yields an estimate of 2.1 million full-size cribs sold 
annually. However, this is a rough estimate, since the percentage of 
full-size crib models on the market does not necessarily correlate 
directly to sales.

[[Page 43316]]

    As noted, section 104 of the CPSIA explicitly mentions retailers of 
both new and used full-size cribs (child care facilities and places of 
public accommodation are discussed in the section of this analysis 
concerning non-full-size cribs). The number of firms that may be 
selling or providing full-size cribs is unknown, but may be drawn from 
approximately 24,985 retail firms (at least 5,292 of which sell used 
products), that may be supplying new or used full-size cribs to the 
public. The number of affected retailers will be smaller since not all 
retailers sell full-size cribs.
    The Commission is particularly interested in whether this analysis 
can be enhanced with additional data submitted through the comment 
period. Accordingly, we ask for comments on the market for full-sized 
cribs, the amount of existing inventory and the time it will take to 
manufacture sufficient compliant inventory to meet current market 
demand and additional demand created by the need to replace non-
compliant cribs in hotels, day care centers and other places where 
cribs are provided for use.
b. Compliance Requirements of the Proposal for Full-Size Cribs
    The proposed standard for full-size cribs is nearly identical to 
ASTM F 1169-10 with the one modification of not allowing screws to be 
retightened between the crib side latch test and the mattress support 
vertical test. Based on testing results from Health Canada for the 
shake test, it appears that only the most poorly constructed cribs will 
fail when their screws are not retightened during testing. Initial 
follow-up testing by CPSC staff found that allowing retightening over 
the entire series of tests could result in this very dangerous hazard 
going undetected during testing. The incidence of failure during 
testing when screws are not retightened may be lower under ASTM F 1169-
10, due to new requirements that will require that crib hardware 
include a locking device or other method to impede loosening. Based on 
this information, it appears that few, if any, firms will need to use 
better screw mechanisms or redesign their products to comply with the 
modification.
c. Impact of the Proposal Concerning Full-Size Cribs on Small Business
    Under Small Business Administration (``SBA'') guidelines, a 
manufacturer of full-size cribs is small if it has 500 or fewer 
employees, and an importer is considered small if it has 100 or fewer 
employees. Based on these guidelines, of the 68 firms currently known 
to be producing or selling full-size cribs in the United States, 48 are 
small (36 domestic manufacturers, 10 domestic importers, and 2 firms 
with unknown sources of supply). There are also probably additional 
unknown small manufacturers and importers operating in the U.S. market.
    According to the SBA, retailers are considered small if they have 
$7 million or less in annual receipts. Approximately 93 percent of 
retailers have receipts of less than $5 million, with an additional 3 
percent having receipts between $5 million and $9.99 million. Excluding 
firms with receipts between $5 million and $7 million yields an 
estimate of 23,236 small retail firms that may potentially be affected 
by the proposed standard. However, only a small percentage of these 
small firms actually sell full-size cribs. Thus, the number of small 
retail firms affected will be much smaller than 23,236.
i. Impact on Small Manufacturers
    The impact of the proposed standard on small manufacturers will 
differ based on whether they currently comply with ASTM F 1169-10. Of 
the 36 small domestic manufacturers, 24 produce cribs that are 
certified by JPMA or claim to be in compliance with the voluntary 
standard. The impact on the 24 compliant firms is not expected to be 
significant. It seems unlikely that any of these products will require 
modification to meet the proposed standard. Should any be necessary, it 
would most likely take the form of a few minor changes (such as more 
effective screws or screw combinations).
    The proposed standard could have a significant impact on one or 
more of the 12 firms that are not compliant with the ASTM F 1169-10, as 
their products might require substantial modifications. The costs 
associated with these modifications could include product design, 
development and marketing staff time, and product testing. There may 
also be increased production costs, particularly if additional 
materials are required. The actual cost of such an effort is unknown, 
but could be significant, especially for the two firms that rely 
primarily or entirely on the production and sale of full-size cribs and 
related products, such as accompanying furniture and bedding, and a 
third firm that produces only one other product. However, the impact of 
these costs may be mitigated if they are treated as new product 
expenses that can be amortized over time.
    This analysis assumes that only those firms that produce cribs 
certified by JPMA or that claim ASTM compliance will pass the voluntary 
standard's requirements. This is not necessarily the case. CPSC staff 
has identified many cases where products not certified by JPMA actually 
comply with the relevant ASTM standard. To the extent that this is 
true, the impact of the proposed standard will be less significant than 
described.
ii. Small Importers of Full-Size Cribs
    While