Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby Cribs; Final Rule, 81766-81788 [2010-32178]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81766-81788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32178]



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Part III





Consumer Product Safety Commission





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16 CFR Parts 1219, 1220, 1500, et al.



 Full-Size Baby Cribs and Non-Full-Size Baby Cribs: Safety Standards; 
Revocation of Requirements; Third Party Testing for Certain Children's 
Products; Final Rules

Federal Register / Vol. 75 , No. 248 / Tuesday, December 28, 2010 / 
Rules and Regulations

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1219, 1220, and 1500


Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby 
Cribs; Final Rule

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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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 issuing 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) of the CPSIA 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, family child care homes, 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 
final rule. Chairman Inez M. Tenenbaum, Commissioner Thomas H. 
Moore, Commissioner Robert S. Adler, 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.

DATES: Effective Date: The rule will become effective on June 28, 2011. 
The incorporation by reference of the publications listed in this rule 
is approved by the Director of the Federal Register as of June 28, 
2011.
    Compliance Dates: Compliance with this rule with respect to the 
offer or provision for use of cribs by child care facilities, family 
child care homes, and places of public accommodation affecting commerce 
is required starting on December 28, 2012. For all other entities 
subject to the rule, compliance with this rule is required starting on 
June 28, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Melchert, Office of 
Compliance and Field Operations, Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7588; 
cmelchert@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. The law requires that 
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. The Commission 
is issuing safety standards for full-size and non-full-size cribs that 
are substantially the same as voluntary standards developed by ASTM 
International (formerly known as the American Society for Testing and 
Materials). The standard for full-size cribs is substantially the same 
as a voluntary standard developed by ASTM, ASTM F 1169-10, Standard 
Consumer Safety Specification for Full-Size Baby Cribs, but with two 
modifications that strengthen the standard. The standard for non-full-
size cribs is substantially the same as ASTM F 406-10a, Standard 
Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, 
but with four modifications that strengthen the standard.

2. Section 104(c) of the CPSIA and the Proposed Rule

    The crib standards are different from standards for the other 
durable infant or toddler products that section 104 of the CPSIA 
directs the Commission to issue. 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) of the 
CPSIA 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.
    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.
    Thus, the crib standards apply to owners and operators of child 
care facilities, family child care homes, and places of public 
accommodation such as hotels and motels, as well as to manufacturers, 
distributors, and retailers of cribs. Other durable infant or toddler 
product standards issued under section 104 of the CPSIA apply to 
products manufactured or imported on or after the effective date of the 
standard. However, under section 104(c) of the CPSIA, after the 
applicable date of compliance, it will be unlawful for any of the 
entities identified in section 104(c)(2) of the CPSIA to sell, lease, 
or otherwise distribute or provide a crib for use that does not meet 
the new CPSC crib standards, regardless of the date on which the crib 
was manufactured.
    In the Federal Register of July 23, 2010 (75 FR 43308), the 
Commission published a proposed rule that would establish standards for 
full-size and non-full-size cribs. The proposed rule would incorporate 
by reference the following ASTM standards with some modifications: ASTM 
F 1169-10, Standard Consumer Safety Specification for Full-Size Baby 
Cribs, and ASTM F 406-10, Standard Consumer Safety Specification for 
Non-Full-Size Baby Cribs/Play Yards.

3. Previous Commission Crib Standards (16 CFR Parts 1508 and 1509)

    The Commission first issued mandatory regulations for full-size 
cribs in 1973 (amended in 1982), which were codified at 16 CFR part 
1508 under the Federal Hazardous Substances Act (``FHSA''). In 1976, 
the Commission issued similar regulations for non-full-size cribs (also 
amended in 1982), which were codified at 16 CFR part 1509. The 
requirements of 16 CFR parts 1508 and 1509 have been included in ASTM F 
1169-10 and F 406-10a, respectively. However, the recordkeeping 
requirements in the

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ASTM standards are expanded from the 3-year retention period that was 
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.
    Elsewhere in this issue of the Federal Register, we are revoking 
the CPSC regulations for full-size and non-full-size cribs at 16 CFR 
parts 1508 and 1509. The new crib standards in this final rule, which 
incorporate the applicable ASTM standards, include the requirements of 
16 CFR parts 1508 and 1509. Revoking 16 CFR parts 1508 and 1509 will 
allow all the crib-related requirements to be together and will avoid 
confusion about which requirements apply to cribs.

4. Previous Commission Activities Concerning Cribs

    As detailed in the preamble to the proposed rule (75 FR at 43309), 
we have taken numerous regulatory and nonregulatory 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). When the 
Commission proposed the new crib standards under section 104 of the 
CPSIA, it published a notice terminating the rulemaking it had begun 
with the 1996 ANPR because the slat disengagement hazard is addressed 
by the new standards that the Commission is issuing. 75 FR 43107 (July 
23, 2010).
    The Commission's Office of Compliance has been involved with 
numerous investigations and recalls of cribs. Since 2007, the CPSC has 
issued 46 recalls of more than 11 million cribs. All but seven of these 
recalls were for product defects that created a substantial product 
hazard, and not for violations of the federal crib regulations.
    Other previous actions include: (1) An ANPR that the Commission 
published in the Federal Register on November 25, 2008 (73 FR 71570) in 
preparation for this rulemaking, which discussed options to address the 
hazards that CPSC staff had identified in the reported crib incidents 
and recalls; and (2) a public roundtable meeting concerning crib safety 
that CPSC staff held on April 22, 2009. 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.

B. The Products and Their Market

1. Definitions Under the CPSIA and the Crib Standards

    The Commission's previous crib standards in 16 CFR 1508 and 1509 
contained definitions of ``full-size crib'' and ``non-full-size crib.'' 
According to 16 CFR parts 1508 and 1509, what principally distinguishes 
full-size cribs 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 products 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.
    Essentially, these definitions are carried over to the new crib 
standards with some important differences due to section 104(c) of the 
CPSIA. Because section 104(c) of the CPSIA explicitly includes used 
cribs in the definition of ``crib,'' the definitions of full-size and 
non-full-size crib in the CPSC standards also include used cribs. The 
definition of ``full-size crib'' in part 1508 was limited to cribs 
``intended for use in the home.'' However, section 104(c) of the CPSIA 
explicitly includes full-size and non-full-size cribs in child care 
facilities (including family child care homes) and cribs in 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 
CPSIA defines ``places of public accommodation'' as:

    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).

    Therefore, the definitions of full-size and non-full-size crib in 
the CPSC standards include new and used cribs, cribs in child care 
facilities, family child care homes, and cribs in places of public 
accommodation.

2. Full-Size Cribs

    A full-size crib has specific interior dimensions of 28  \5/8\ inches (71  1.6 centimeters) in width and 
52\3/8\  \5/8\ inches (133  1.6 centimeters) in 
length and is designed to provide sleeping accommodations for an 
infant.
    CPSC staff estimates that there are currently 68 manufacturers or 
importers supplying full-size cribs to the U.S. market. Ten of these 
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. 
(This number 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. Non-Full-Size Cribs

    A non-full-size crib may be either smaller or larger than a full-
size crib, or shaped differently than the usual rectangular crib. 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. The CPSC standard for non-full-size 
cribs does not apply to play yards, which are mesh or fabric-sided 
products.
    CPSC staff estimates that there currently are at least 17 
manufacturers or importers supplying non-full-size cribs to the U.S. 
market. Five of these firms are domestic importers and 10 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.

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

    CPSC staff is unable to estimate the number of retailers that may 
sell or provide cribs. We can estimate, however, that there are 
approximately 24,985 retail firms in the United States (at least 5,292 
of which sell used products). The number of retailers that sell or 
provide cribs would be some subset of that number.
    CPSC staff estimates that there are approximately 59,555 firms 
supplying child care services. We received comments from child care 
organizations about the cribs they use. According to these comments, 
the average child care center has between 4 and 45 cribs, so, assuming 
that the number of firms supplying child care services is the same as 
child care centers discussed in the comments, child care centers could 
have roughly 774,180 cribs total. We estimate that there are 
approximately 43,303 firms providing public accommodation. We did not 
receive any comments from such firms and cannot estimate how many cribs 
may be in use in places of public accommodation.

C. Incident Data

    The preamble to the proposed rule (74 FR at 43310 through 43311) 
provided detailed information concerning incident data based on 
information from the CPSC's Early Warning System (``EWS''), a pilot 
project to monitor incident reports related to cribs and other infant 
sleep products. We summarize important aspects of the incident data in 
this section, but refer interested parties to the preamble to the 
proposed rule for more complete details. Data from EWS is not meant to 
provide an estimate of all crib-related incidents that have occurred 
during any particular time period. We used the EWS data for this 
rulemaking because, due to the larger number of follow-up 
investigations assigned from EWS incident reports, the EWS incidents 
provided the best illustration of the hazard patterns associated with 
incidents involving cribs.
    Between November 1, 2007 and April 11, 2010, the Commission 
received 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 the EWS.
    Of the 3,584 incidents reported through the EWS, CPSC staff 
identified 2,395 incidents as clearly 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 the 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 the 
EWS involving full-size cribs and cribs of an undetermined size. Of 
these 3,520 incident reports, there were 147 fatalities, 1,675 nonfatal 
injuries, and 1,698 noninjury incidents. (The noninjury incidents range 
from those that potentially could have resulted in injuries or 
fatalities to general complaints or comments from consumers). Because 
reporting is ongoing, the number of reported fatalities, nonfatal 
injuries, and non-injury incidents presented here may change in the 
future.
a. Fatalities
    Between November 1, 2007 and April 11, 2010, a total of 147 
fatalities associated with full-size (and undetermined 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. There were 35 fatalities attributable to 
structural problems of the crib. Nearly all (34 of the 35) were due to 
head/neck/body entrapments. More than 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.
b. Nonfatal 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 (includes fatalities, 
nonfatalities, and non-injury incidents) involving full-size cribs 
(including cribs of undetermined size) to identify hazard patterns 
related to these incidents. CPSC 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 was part of the CPSC staff's 
briefing package for the proposed rule, available on the CPSC Web site 
at: https://www.cpsc.gov/library/foia/foia10/brief/104cribs.pdf.
    Approximately 82 percent of the 3,520 incidents reported some sort 
of failure or defect in the product itself. In order of frequency, the 
hazard patterns reported included:
     Falls from cribs (approximately 23 percent of the 3,520 
incidents);
     Crib drop-side-related problems (approximately 22 percent 
of the incidents and about 12 percent of all reported fatalities);
     Infants getting their limbs caught between the crib slats 
(approximately 12 percent of the incidents);
     Wood-related issues, such as slat breakages and 
detachments (approximately 12 percent of the incidents);
     Mattress support-related problems (approximately 5 percent 
of the incidents);
     Mattress fit problems (approximately 3 percent of the 
incidents);
     Paint-related issues (approximately 2 percent of the EWS 
incidents); and
     Miscellaneous problems with the crib structure 
(approximately 3 percent of incidents), including non-drop-side or drop 
gate failures, sharp catch-points, stability and/or other structural 
issues.

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, CPSC staff included in the 
category of non-full-size cribs only those cribs that 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 noninjury incidents. 
Because reporting is ongoing, the number of reported fatalities, 
nonfatal injuries, and noninjury incidents presented here may change in 
the future.

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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. Nonfatal Injuries
    Among the 28 nonfatal 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, 
nonfatalities, 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. In 72 percent of 
the incidents, product-related issues were reported. 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.

D. Voluntary and International Standards

    As discussed in the preamble to the proposed rule (75 FR at 43311 
through 43312), CPSC staff reviewed requirements of existing voluntary 
and international standards related to cribs. The primary 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, 
and has revised it periodically since then. In 2009, ASTM revised the 
standard significantly, including 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. 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.
    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. 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 version of its non-full-size crib standard, ASTM F 406-10, upon 
which the CPSC's proposed standard was based. After we published our 
proposed rule in the Federal Register on July 23, 2010, ASTM revised 
its non-full-size crib standard again and approved ASTM F 406-10a on 
October 15, 2010. ASTM F 406-10a includes many of the changes which the 
proposed rule would have made to ASTM F 406-10, rearranges the order of 
some provisions, and contains some other editorial changes. 
Consequently, the final rule's non-full-size cribs standard is based on 
ASTM F 406-10a. We discuss differences between the proposed rule and 
ASTM F 406-10a in section F of this preamble.

2. International Standards

    Several performance requirements in the crib standards derive from, 
or are similar to, requirements in Health Canada's crib standard, SOR/
86-969, and the European standard, EN 716. These include the cyclic 
side (shake) test and the mattress support system vertical impact test 
from the Canadian standard, and the slat/spindle strength test from EN 
716 requirements. (For more details on how the crib standards are based 
upon or are more stringent than certain international standards, we 
refer interested parties to the preamble to the proposed rule (75 FR at 
43312).)

E. Response to Comments on the Proposed Rule

    In the Federal Register of July 23, 2010 (75 FR 43308), the 
Commission published a proposed rule that would establish standards for 
full-size and non-full-size cribs. We received over 50 comments. These 
included comments from child care organizations, the Juvenile Products 
Manufacturers Association (``JPMA''), public interest groups, and 
individual consumers. The comments and the CPSC's responses are 
discussed below in section E.1 through E.31 of this document. To make 
it easier to identify comments and our responses, the word ``Comment,'' 
in parentheses, will appear before the comment's description, and the 
word ``Response,'' in parentheses, will appear before our response. We 
also have numbered each comment to help distinguish between different 
comments. The number assigned to each comment is purely for 
organizational purposes and does not signify the comment's value, 
importance, or the order in which it was received.

1. Misplaced Focus on Drop-Sides

    (Comment 1)--One commenter stated that focusing on drop-side cribs 
was misplaced. Rather, she suggested, new crib standards should focus 
on the structure and hardware of cribs.
    (Response 1)--The CPSC agrees that the safety of the drop-side is 
just one issue and other issues, especially cribs' structural integrity 
and hardware, are crucial to crib safety. Although the prohibition of 
traditional drop-side cribs has received a great deal of attention, the 
CPSC's new crib standards have numerous provisions, particularly 
concerning crib hardware, which will improve the safety of cribs. See 
the discussion of the standards' requirements in section G of this 
preamble.

2. Applicability of Standards to Cribs in Child Care Centers

    (Comment 2)--Several commenters associated with child care 
organizations or child care centers said that the crib standards should 
not apply to cribs in child care centers. They gave reasons such as: 
Caregivers are present at all times when babies are in cribs at child 
care centers; cribs in child care centers are specialty cribs that do 
not have the same safety issues as home cribs; and state licensing and 
safety requirements safeguard babies in cribs in child care centers. 
Some commenters stated that the crib standards are unique because, 
unlike other standards that hold product manufacturers or distributors 
responsible, the crib standards hold child care centers (which are 
consumers buying the cribs from these manufacturers and distributors) 
responsible.
    (Response 2)--Section 104(c)(1) of the CPSIA states that it ``shall 
be a violation of section 19(a)(1) of the Consumer Product Safety Act 
for any person to which this subsection applies to

[[Page 81770]]

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'' section 
104(b) of the CPSIA. Section 104(c)(2) of the CPSIA identifies various 
entities that are subject to section 104(c) of the CPSIA, and it 
expressly mentions persons who ``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.'' The fact 
that a child care center may be subject to state regulation and 
licensing, or that caregivers at such facilities may be required to 
supervise babies in cribs, does not alter the applicability of section 
104(c) of the CPSIA to child care facilities and family child care 
homes.
    As for the commenter's claim that cribs in child care centers are 
different from those used in homes, the information that the CPSC has 
indicates that cribs used in child care centers are often substantially 
the same as cribs used in homes. CPSC staff has reports of incidents 
involving cribs in child care centers; the hazard scenarios associated 
with these incidents are the same as those for incidents that occur in 
homes.

3. Waiving Requirements for Child Care Centers

    (Comment 3)--One commenter suggested waiving any requirement to 
replace cribs in child care and Head Start programs that comply with 
state licensing or national accreditation requirements, which mandate 
that all sleeping infants be within sight or sound of a caregiver at 
all times; and another commenter suggested a waiver of enforcement for 
cribs that are used in child care programs that comply with state 
licensing standards that require sleeping infants to be within sight 
and sound of a caregiver at all times. Some commenters asked that older 
cribs in child care centers be exempted from the rule (or allowed an 
enforcement waiver), as long as the cribs had not been recalled, thus 
shifting the burden of replacement from child care centers to 
manufacturers.
    (Response 3)--We do not have the authority to exempt or waive 
requirements for cribs in child care centers or to allow older cribs to 
be replaced through recalls alone. As discussed in response to comments 
concerning the effective date at section G.10 of this document, we do 
have discretion to provide additional time for child care centers to 
come into compliance with the standards.

4. Crib-Related Incidents in Child Care Centers

    (Comment 4)--One commenter recognized that there have been injuries 
and fatalities associated with drop-side cribs, but stated that banning 
drop-side cribs in child care settings would not address this threat to 
young children. The commenter stated that, because of the safety checks 
on cribs and monitoring of sleeping children in child care centers, 
issues with drop-side cribs do not occur in such programs as they might 
in other settings.
    (Response 4)--As stated in our response to comment 2 in section E.2 
of this document, section 104(c) of the CPSIA expressly mentions child 
care facilities and family child care homes as entities subject to the 
crib standards. The statute does not authorize us to consider safety 
checks, or the monitoring of sleeping children in child care 
facilities, or the rate at which safety issues might arise, or to 
exempt child care facilities for such reasons.
    Additionally, our review of the incident data reported to the CPSC 
from November 1, 2007 through April 11, 2010, shows that at least two 
reports of incidents in child care facilities were received. Each 
report involved the structural failure of multiple drop-side cribs. 
Although no injuries were reported in these incidents, they presented 
the potential for serious injury or fatality.
    (Comment 5)--Some comments noted that sleeping infants are not left 
unsupervised in drop-side or other types of cribs in child care centers 
and noted further that children in child care centers are in cribs only 
when they are sleeping.
    (Response 5)--The CPSC has received at least 11 reports of injuries 
involving cribs in child care facilities, in which the injured infant 
was treated in a hospital emergency department. These injuries, usually 
due to a fall from a crib or an impact with the crib, were sustained 
while the infant was being taken care of at a child care facility. 
Clearly, the infants were not sleeping if the injuries were due to 
infants falling or impacting the crib.

5. Commercial vs. Noncommercial Cribs

    (Comment 6)-- Several commenters suggested that the crib standards 
should distinguish between ``commercial'' and ``noncommercial'' cribs. 
One commenter asked if there should be different crib standards for 
child care providers or other nonfamily situations, where cribs sustain 
more use, similar to the distinction between home and public playground 
equipment (the CPSC has separate guidelines for home and public 
playground equipment).
    (Response 6)--Section 104 of the CPSIA does not make a distinction 
between commercial and noncommercial cribs but, rather, requires that 
all cribs within the scope of section 104(c) of the CPSIA--which 
explicitly includes cribs provided for use in child care centers and 
places of public accommodation--meet the crib standards promulgated by 
the Commission under section 104(b) of the CPSIA. Although ASTM has a 
voluntary standard applicable to ``commercial cribs'' (ASTM F 2710-08), 
section 104 of the CPSIA does not make such a delineation. Furthermore, 
ASTM's commercial crib standard requires commercial cribs to comply 
with either ASTM F 406 or ASTM F 1169, and this final rule adopts, with 
some modifications, both ASTM F 406 and ASTM F 1169. In its crib 
rulemaking, the Commission is following the specific statutory 
direction and definitions in the CPSIA. In contrast, when developing 
guidelines for public and home playgrounds, the Commission was not 
responding to a statutory mandate, and thus, it had the discretion to 
distinguish between public and home playground equipment.

6. Mesh/Nonrigid Full-Size Cribs

    (Comment 7)-- One commenter suggested that the full-size crib 
standard should apply to rigid cribs only, and not be applicable to 
full-size cribs that have sides or ends made from mesh, fabric, or 
another nonrigid material. The commenter referred to the scope of the 
proposed non-full-size crib standard, which is limited to rigid 
products only.
    (Response 7)--We are not aware of any full-size mesh/fabric cribs 
currently being sold. In contrast, there are numerous non-full-size 
mesh/fabric cribs (i.e., play yards) currently on the market. The CPSC 
agrees that for non-full-size products, different requirements for 
rigid versus mesh products are necessary because the construction 
differences may make it impossible to test both the same way. The ASTM 
standard for non-full-size cribs includes both rigid and mesh/fabric 
non-full-size cribs. Although there are requirements in the ASTM 
standard specifically intended for mesh/fabric products, the scope of 
the CPSC's standard for non-full-size cribs is limited to rigid 
products because section 104 of the CPSIA explicitly lists cribs and 
play yards as separate categories of products. Therefore, we plan to 
develop a separate standard for mesh/fabric non-full-size cribs (i.e., 
play yards). Currently, there is no voluntary

[[Page 81771]]

standard or proposed regulation specifically for mesh/fabric full-size 
cribs. However, the CPSC's standard for full-size cribs contains 
general, labeling, and some performance requirements that would be 
applicable to any full-size crib, whether it has rigid or mesh/fabric 
sides. Thus, excluding these products from the scope of the CPSC's 
full-size crib standard, as suggested by the commenter, would leave 
such cribs unregulated. Absent a voluntary standard that covers mesh/
fabric full-size cribs, it is not advisable to exclude these products 
from the scope of a full-size crib regulation.

7. Play Yards

    (Comment 8)--Some commenters were concerned that the rule might 
result in child care centers or consumers using play yards instead of 
cribs. These commenters implied that play yards are not as safe as 
cribs for sleeping infants. One commenter, who is child care provider, 
stated that she uses only play yards, not cribs.
    (Response 8)--The final rule does not address any safety aspects of 
play yards. Play yards are a separate product category under section 
104 of the CPSIA, and we intend to develop a separate standard for play 
yards in the future.
    (Comment 9)--Two commenters expressed concern about using play 
yards as an alternative to cribs in day care centers as a way of 
mitigating costs to child care providers. Both felt that this 
alternative might be perceived as advocating the use of play yards, 
which they felt would decrease the safety and quality of care. Some 
commenters noted that play yards are not an option for some child care 
centers due to state licensing laws.
    (Response 9)--Although the CPSC does not advocate the use of play 
yards instead of cribs in child care environments, issues regarding the 
possible use of play yards or other products (in place of cribs) and 
state laws are outside the scope of this rulemaking. This final rule 
establishes standards for full-size and non-full-size cribs.

8. Economic Impact of CPSC's Crib Standards on Child Care Centers

    (Comment 10)--Several commenters expressed concern that the 
proposed rule, if finalized, would place a large financial burden on 
child care centers, particularly given the tight budgets and lethargic 
economy. One commenter estimated that the total one-time cost to day 
care centers to replace their cribs could be as much as $600 million, 
with an additional $2.5 million required for disassembly, disposal, and 
assembly. The same commenter noted that the preamble to the proposed 
rule concluded that ``the proposed changes to the voluntary standard 
should not significantly affect replacement costs'' (75 FR at 43319). 
Generally, commenters objected to purchasing new cribs to replace 
recently-purchased cribs that had no safety issues. Several commenters 
were concerned that some child care centers might be driven out of 
business.
    (Response 10)--We recognize the potentially large impact the crib 
standards could have on child care providers. The Regulatory 
Flexibility Act discussion in the preamble to the proposed rule invited 
comment on the market for cribs and the amount of time manufacturers 
would need to meet current market demand and additional demand created 
by child care centers and other places where cribs are provided for use 
(75 FR at 43316). It also discussed the possible impact on small child 
care centers and stated that the impact ``could be significant on some 
small child care centers if they had to replace their cribs all at 
once'' and that some might decide to replace their non-full-size cribs 
with play yards (Id. at 43318). The initial regulatory flexibility 
analysis in the briefing package for the proposed rule assumed that 
most, if not all, child care centers use smaller, non-full-size cribs; 
thus, staff did not expect a significant impact associated with full-
size cribs. (See Tabs F and G of the staff's briefing package on the 
proposed rule at: https://www.cpsc.gov/library/foia/foia10/brief/104cribs.pdf). In the initial regulatory flexibility analyses, all of 
the effects on child care centers were considered in the analysis for 
non-full-size cribs.
    We have modified our Regulatory Flexibility Act discussion in the 
final rule. CPSC staff's analysis using data provided by the Early Care 
and Education Consortium (ECEC), the National Association for Family 
Child Care (NAFCC), and the National Head Start Association (NHSA), 
yields one-time replacement costs of approximately $387 million. The 
discussion also has been modified to take into account specifically the 
possibility that child care centers might go out of business, as well 
as the impact of the final rule on families using child care.
    (Comment 11)--Several commenters expressed concern about the 
ability of child care providers to pass on costs to their clients to 
reduce the economic impact of the final rule. These commenters stated 
that they felt the analysis in the preamble to the proposal did not 
appreciate child care centers' limited ability to pass on such costs. 
The commenters noted that most of their clients are struggling already 
to pay for child care. (The price range for child care cited by one 
commenter was from $4,550 to more than $18,000 per year.) The 
commenters added that most child care centers only have a few 
customers, so their ability to raise large sums of money by increasing 
the cost to clients to defray the cost of replacement cribs is limited.
    (Response 11)--The Regulatory Flexibility Act discussion in the 
preamble to the proposed rule did not suggest that all cost increases 
associated with the proposed rule would be passed on to consumers, only 
that some portion of those costs might be passed on, thereby mitigating 
the impact of the proposed rule on small child care centers (see 75 FR 
at 43318). We recognize that the economic impact on any given entity 
may vary, depending on a variety of factors, such as the size of the 
affected entity, the presence or absence of competitors that may affect 
an entity's ability to raise prices or pass along costs to its 
customers, and the types of cribs purchased and an affected entity's 
ability to comply with the standards.
    (Comment 12)--One commenter stated that, despite the high quality 
of the cribs used at its child care center and a lack of incidents 
there, the child care center had been informed that its cribs do not 
meet the proposed standard. The commenter expressed concern that ``the 
standards could be eliminating a company that produces extremely high 
quality materials and is very safety conscious.''
    (Response 12)--The final rule may have the effect of eliminating 
particular crib models from the marketplace. However, these crib models 
likely will be replaced by modified versions that comply with the new 
standards. The final rule is unlikely to drive many manufacturers out 
of business, particularly those with otherwise high quality cribs that 
may require only minimal design modifications to come into compliance 
with the new standards. This is especially the case with manufacturers 
that supply many products other than just cribs to the market, 
including the company mentioned in the comment.

9. Fixing or Retrofitting Cribs

    (Comment 13)--Three commenters (all of whom were child care 
providers) requested that the CPSC provide methods of checking whether 
their current cribs would meet the new standards. They also requested 
that the final rule include descriptions of how to

[[Page 81772]]

fix cribs that fail a particular requirement (i.e., retrofit), as a way 
to limit the number of new cribs that must be purchased. These comments 
mentioned retrofits to handle drop-side cribs in particular.
    (Response 13)--Section 104(c) of the CPSIA requires child care 
centers to provide cribs that comply with the new crib standards once 
they are in effect. The standards not only prohibit traditional drop-
sides, but they also have complex requirements, such as those for 
hardware, that make it difficult to determine whether an existing crib 
would meet the new standards without testing that individual crib. 
Because the crib would be destroyed in the process of testing, it is 
impossible to test each crib. Therefore, we cannot provide methods to 
check existing cribs for compliance with the CPSC's new crib standards. 
We also note that retrofits that would be appropriate for a recall 
might not be sufficient to meet the requirements of the new standards. 
For example, manufacturers have offered immobilizers in the past to 
address drop-side hazards on recalled cribs. This retrofit would not be 
sufficient to meet the crib standards. An immobilizer merely covers up 
part of the drop-side hardware and makes the drop-side unusable while 
in place, but it would not prevent a user from removing the retrofit 
and using the drop-side again.

10. Effective Date/Enforcement Policy

    (Comment 14)--Most commenters supported the proposed six-month 
effective date for manufacturers and distributors of cribs, except one 
commenter requested (without providing any explanation or support) one 
to two years for manufacturers and distributors of non-full-size cribs. 
Many commenters, however, requested a longer effective date for child 
care centers to allow them to spread the costs of compliance over a 
longer period of time and to ensure that there are a sufficient number 
of compliant cribs available for purchase. Most of these commenters 
suggested an additional six months for cribs in child care centers, and 
two commenters suggested a five-year effective date for child care 
centers.
    (Response 14)--We recognize that complying with the new crib 
standards may place a significant financial burden on child care 
centers. Nevertheless, section 104(c) of the CPSIA requires that child 
care centers provide cribs for use that meet the CPSC's new crib 
standards when these standards are in effect. The Commission recognizes 
that child care facilities face unique circumstances. Collectively, 
child care centers purchase and provide for use hundreds of thousands 
of cribs. Having a sufficient number of cribs is essential to their 
business because, if they provide care for infants, they cannot operate 
without providing cribs for their customers' use.
    Based on a 2005 U.S. Department of Education's National Household 
Education Surveys Program (``NHES'') Early Childhood Program Survey, 
approximately 774,000 children under the age of one year old are in 
nonparental, nonrelative child care arrangements each week. We 
understand from commenters that the typical life cycle of a crib used 
in a child care center is 10 years. Thus, we estimate that, in any 
given year, child care providers replace approximately 77,000 cribs. 
Assuming that one crib must be provided for each child under the age of 
one, at least 700,000 cribs--ten times more than the annual average--
would be needed to replace noncompliant cribs when the new standards 
take effect. This demand would be added to the demand of private 
households for new compliant cribs and any cribs replaced by the 53,000 
places of public accommodation covered by section 104 of the CPSIA.
    The Commission has the discretion to set the effective date for the 
crib standards, and could set an effective date longer than six months 
for all entities that are subject to the standards, or could provide a 
longer period just for child care centers to comply with the new crib 
standards. Balancing all of the concerns expressed by the commenters, 
the final rule provides an additional 18 months for child care 
facilities, family child care homes, and places of public accommodation 
to comply with the new standards.
    (Comment 15)--One commenter suggested that we establish an 
enforcement policy that would allow ``a practical phased effective date 
for hospitality and commercial facilities'' (the latter being 
interpreted by the commenter as including child care providers) and 
distinguish between commercial- and noncommercial-use products.
    (Response 15)--Section 104(c) of the CPSIA does not distinguish 
between commercial and noncommercial cribs and does require cribs in 
child care centers and places of public accommodation to comply with 
the new crib regulations. As discussed in the previous response, the 
Commission has discretion to set effective and compliance dates for the 
new standards.
    Although the Commission received numerous comments from child care 
centers concerning their difficulties with meeting the new crib 
standards within six months, we did not receive any comments from 
hotels or similar places of public accommodation indicating the need 
for additional time to obtain complying cribs for such establishments. 
We did receive one comment from JPMA requesting additional time for 
``hospitality and commercial facilities,'' noting that the need for 
these entities to ``dispose of their inventories of non-compliant 
product and repurchase all new replacement products * * * will place a 
tremendous financial burden on those facilities, requiring an enormous 
capital investment as a result of the wholesale changes to inventory.'' 
Although child care commenters provided detailed information about the 
number of cribs in child care centers, the normal rate of replacement, 
and the anticipated costs of complying with the new crib standards, we 
did not receive such information concerning places of public 
accommodation. However, places of public accommodation are similarly 
situated to child care centers in that they must purchase cribs and 
then provide them for their customers to use and will likely face the 
same difficulties as child care centers in complying with the new crib 
standard in a short period of time. Therefore, the Commission is 
providing a longer compliance period for places of public accommodation 
as well as child care centers.

11. Effect on Places of Public Accommodation

    (Comment 16)--Two commenters, neither of which were places of 
public accommodation nor did they represent places of public 
accommodation, expressed concern about the potential cost impact on 
places of public accommodation.
    (Response 16)--The CPSC believes that while some providers of 
public accommodation may provide a few cribs for use by customers, the 
number of non-full-size cribs at any one establishment is likely to be 
low. Firms may opt to reduce the impact of the rule by ceasing to 
provide cribs to their customers, not replacing all of their cribs, or 
providing play yards instead. Therefore, it is unlikely that the crib 
standards will have a significant impact on a substantial number of 
firms providing public accommodation. However, we have to expect that 
some portion of the more than 53,000 places of public accommodation 
covered by the Act that provide cribs for their customers will replace 
their cribs to be in compliance with this rule. There could be as many 
as 160,000 cribs that might need to be replaced. As explained in the 
previous response, places of public accommodation and child care

[[Page 81773]]

centers are similarly situated in some respects, and therefore, the 
Commission is providing a longer compliance period for places of public 
accommodation as well as child care facilities, and family child care 
homes.

12. Expiration Date/Definition of Useful Life of Crib

    (Comment 17)--One commenter asked whether cribs should have an 
expiration date, given that many of the identified hazards appear to 
result from prolonged use. The same commenter asked how one would 
define the useful life of a crib. For example, would it be defined in 
terms of the product's age in years, or, how often it had been used? 
The commenter also asked how the disassembly and reassembly of a crib 
would be considered, and what effect this would have on the crib's 
components and hardware.
    (Response 17)--It would be extremely difficult to include a 
definition of useful life or to require that manufacturers provide an 
expiration date for cribs. As recognized by the commenter, the 
condition of a crib, including the security of components and hardware, 
can be affected by use. Moreover, each family uses a crib differently, 
depending on the activity level of each child, the length of time each 
child uses the crib, and the frequency of disassembling and 
reassembling the crib. Manufacturing differences and variations in 
materials among cribs, also might affect a crib's useful life. Thus, 
even keeping the use conditions identical, two different cribs likely 
will show wear and tear at varied rates.

13. Crib Mattress Standards/Regulations

    (Comment 18)--Some commenters expressed satisfaction that ASTM has 
begun developing a separate safety standard for mattress fit, and they 
stated their expectation that the CPSC would mandate the voluntary ASTM 
standard when it is finalized. One comment, submitted on behalf of 
several organizations and individuals, expressed concern about health 
and environmental risks that the commenters believed could be 
associated with the use of certain flame retardants or other 
potentially harmful chemical agents in the manufacture of crib 
mattresses. It suggested that the CPSC ``ensure that a standard or 
regulation for crib mattresses address both health and environmental 
risks that potential hazardous chemicals could pose to infants.''
    (Response 18)--We already have regulations pertaining to the 
flammability of mattresses, mattress pads, and mattress sets (see 16 
CFR parts 1632 and 1633). Issues regarding flame retardants and other 
chemicals that may be applied to mattresses are beyond the scope of 
this rulemaking.

14. International Standards

    (Comment 19)--One commenter suggested that the CPSC use 
international standards, or the relevant parts of them, as a basis for 
our regulation. These include the relevant international standards or 
technical regulations, such as the Health Canada, EN (European Nation), 
or ISO (International Standards Organization) crib standards.
    (Response 19)--CPSC staff has reviewed, compared, and considered a 
variety of crib standards/regulations, including the three identified 
by the commenter. In addition, CPSC staff reviewed the Australian/New 
Zealand crib standard and three voluntary standards, one published by 
Underwriters Laboratories (which is no longer an active standard), and 
the two ASTM standards. The CPSIA specifically requires the Commission 
to promulgate a safety standard that is substantially the same as, or 
more stringent than, any voluntary standards. The Commission chose the 
appropriate ASTM voluntary standards for cribs to be the basis for the 
CPSC's crib regulations.
    CPSC staff's review of the international standards or regulations 
identified vast differences. Thus, assuming that the commenter sought 
internationally harmonized requirements, even if we were to adopt an 
international standard or regulation, the differences in the 
international standards and regulations would not have resulted in 
harmonization across multiple jurisdictions. The ASTM voluntary 
standard recently adopted one requirement (the slat/spindle strength 
requirement) that was based on a similar requirement in the EN standard 
and two requirements (the cycle test and the mattress support impact 
test) that are almost identical to ones found in the Health Canada 
regulation. Other requirements in the ASTM standards are equivalent to 
requirements in some of the other international regulations.
    Regardless, section 104(b) of the CPSIA requires us to promulgate 
regulations that are substantially the same as voluntary standards or 
more stringent than such voluntary standards if we determine that the 
more stringent standards would further reduce the risk of injury 
associated with durable nursery products. Section 104(b) of the CPSIA 
does not mention international harmonization of standards. We believe 
that the ASTM standards, with the specified modifications, are the most 
encompassing and robust crib standards and are thus ``more stringent'' 
than the ASTM standards alone.

15. Concern About Continually Replacing Cribs

    (Comment 20)--Some commenters, consisting of child care centers, 
expressed concern that they would need to replace their stock of cribs 
every time that ASTM changes its full-size or non-full-size crib 
standards.
    (Response 20)--Neither the CPSIA nor the CPSC's crib standards 
would require replacement of cribs whenever ASTM revises F 406 or F 
1169. The CPSIA does require that all cribs that are manufactured, 
offered for sale, provided for use, or otherwise placed in the stream 
of commerce meet the crib standards issued by the CPSC. The CPSC's 
proposed crib standards reference ASTM F 406-10a and ASTM F 1169-10; 
however, the federal standards do not change automatically whenever 
ASTM revises its voluntary standards. Rather, to change the federal 
crib standards, we would need to engage in notice and comment 
rulemaking procedures and refer to a subsequent version of the ASTM 
standards.

16. Continued Use of Cribs by Consumers

    (Comment 21)--One commenter suggested that we include in an 
Enforcement Policy a clarification that consumers can continue to use 
cribs that conform to ASTM standards in effect in 2010.
    (Response 21)--We intend to distribute information and education 
materials in connection with issuance of the crib standards and will 
consider such a clarification as part of those materials. Nothing in 
the CPSIA, or in the crib standards, requires consumers to replace 
their cribs with cribs that comply with the new crib standards. The 
CPSIA requires action by those who manufacture, sell, lease, or 
otherwise distribute cribs in commerce, and by child care centers and 
places of public accommodation.

17. Miscellaneous Clarifications About Use of Certain Cribs/Play Yards

    (Comment 22)--A few commenters asked for clarification or made 
incorrect interpretations of the proposed rule or the CPSIA. These 
comments mostly dealt with the requirements as they would apply to 
child care centers. One commenter asked if she would no longer be able 
to use wooden cribs or play yards. Another commenter incorrectly 
understood that consumers would be

[[Page 81774]]

required to replace their cribs, and she objected to this.
    (Response 22)--The CPSIA and the crib standards do not dictate the 
kind of sleeping environment--full-size crib, non-full-size crib, or 
play yard--that a child care center must provide. Further, the crib 
standards do not dictate the type of material from which a crib must be 
made (e.g., wooden, metal, or plastic). The CPSIA does require that any 
rigid crib, whatever it is made of, comply with either the full-size or 
non-full-size crib standard. Finally, nothing in the CPSIA, or in 
CPSC's crib standards, would require consumers to replace their cribs 
with cribs that comply with the new crib standards.

18. Testing by Firewalled Labs

    (Comment 23)--Several consumer groups suggested that the Commission 
not accept any ``firewalled labs'' to do testing for compliance with 
the crib standards because cribs ``should meet the highest safety 
standards.''
    (Response 23)--Section 102(a)(2) of the CPSIA generally requires 
that manufacturers and private labelers of children's products (such as 
cribs) that are subject to a children's product safety rule submit 
samples of their products for testing by a third party for compliance 
to applicable children's product safety rules. Section 102(f)(2)(D) of 
the CPSIA allows the Commission to accredit a third party conformity 
assessment body (often referred to as a ``testing laboratory'' or 
``lab'') that is owned, managed, or controlled by a manufacturer or 
private labeler as a third party testing lab if it meets certain 
requirements. Such testing labs are known as ``firewalled'' labs. If a 
firewalled lab meets the necessary requirements, its testing should be 
equivalent to testing conducted by any other third party testing lab. 
Thus, section 102 of the CPSIA does not prohibit the use of firewalled 
labs.

19. Formaldehyde Standards for Wood Products Act

    (Comment 24)--One commenter stated that composite woods used in 
cribs should comply with the Formaldehyde Standards for Wood Products 
Act (Pub. L. 111-199) and that the CPSC should require that all cribs 
using composite wood be tested for compliance to these standards.
    (Response 24)--The Formaldehyde Standards for Wood Products Act was 
enacted on July 7, 2010. It amends the Toxic Substances Control Act and 
establishes formaldehyde emission standards for hardwood, plywood, 
medium density fiberboard, and particle board that is sold, supplied, 
offered for sale, or manufactured in the United States. (The Act 
provides numerous exemptions from these standards.) The standards are 
to be administered by the U.S. Environmental Protection Agency (EPA). 
The law makes no specific mention of cribs. However, it appears that if 
cribs are made of the types of wood subject to this law, the 
formaldehyde emission standards would apply to them. If manufacturers 
have questions about the applicability of the emission standards to 
their cribs, they should contact the EPA.

20. Soft Bedding

    (Comment 25)--One commenter supported the proposed crib standards 
and suggested that the Commission also look into regulating soft infant 
bedding products, such as bumper pads.
    (Response 25)--As noted in the staff's briefing package that 
accompanied the proposed rule, extra bedding in cribs accounted for the 
majority of infant deaths in cribs or other sleeping products, but 
there are no performance requirements for cribs that can address this 
issue. (See page 12 of CPSC staff's briefing package for the proposed 
rule at: https://www.cpsc.gov/library/foia/foia10/brief/104cribs.pdf.) 
Education and information may be a more appropriate way to address the 
hazards associated with extra bedding. For instance, the recently 
released CPSC video on safe sleeping, (https://www.cpsc.gov/cpscpub/prerel/prhtml11/11021.html.), is an example of an educational tool 
designed to bring more awareness to new parents of the dangers of extra 
or soft bedding.

21. Slat Strength Test Changes for Folding Crib Sides

    (Comment 26)--One commenter noted that the spindle/slat testing 
procedure does not consider testing crib sides that fold either for 
access to the occupant or for storage and transport and that, as 
written in the proposed standard, the test method does not specify 
testing procedures for such segmented sides. The commenter suggested 
adding the following language for the full-size and non-full-size crib 
standards: ``For cribs incorporating folding or moveable sides for 
purposes of easier access to the occupant, storage and/or transport, 
each side segment (portion o