Safety Standard for Crib Bumpers/Liners, 18878-18901 [2020-06142]
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BILLING CODE 7590–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112, 1130, and 1240
[CPSC Docket No. 2020–0010]
Safety Standard for Crib Bumpers/
Liners
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Danny Keysar Child
Product Safety Notification Act, i.e.,
section 104 of the Consumer Product
Safety Improvement Act of 2008
(CPSIA), requires the United States
Consumer Product Safety Commission
(CPSC) to promulgate consumer product
safety standards for durable infant or
toddler products. These standards are to
be ‘‘substantially the same as’’
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
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SUMMARY:
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the product. The Commission is
proposing a safety standard for crib
bumpers/liners, and it is also proposing
to identify crib bumpers/liners as
durable infant or toddler products
subject to CPSC’s consumer registration
requirements. In addition, the
Commission is proposing an
amendment to include crib bumpers in
the list of notice of requirements (NORs)
issued by the Commission.
DATES: Submit comments by June 17,
2020.
Comments related to the
Paperwork Reduction Act aspects of the
marking, labeling, and instructional
literature requirements of the proposed
mandatory standard for crib bumpers/
liners should be directed to the Office
of Information and Regulatory Affairs,
the Office of Management and Budget,
Attn: CPSC Desk Officer, FAX: 202–
395–6974, or emailed to oira_
submission@omb.eop.gov.
Other comments, identified by Docket
No. CPSC–2020–0010, may be
submitted electronically or in writing:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 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 proposed
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 that you do not
want to be available to the public. If
ADDRESSES:
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82 FR 14987.
ML17215A161.
furnished at all, 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, and insert the
docket number, CPSC–2020–0010, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Timothy P. Smith, Project Manager,
Directorate for Engineering Sciences,
U.S. Consumer Product Safety
Commission, 5 Research Place,
Rockville, MD 20850; telephone: (301)
987–2557; email: tsmith@cpsc.gov.
SUPPLEMENTARY INFORMATION: The CPSC
proposes to issue a standard for crib
bumpers/liners under section 104 of the
CPSIA, amend the consumer registration
rule to include crib bumpers/liners, and
add crib bumpers/liners to the NOR list
in 16 CFR part 1112.
I. Background and Statutory Authority
Section 104(b) of the CPSIA, part of
the Danny Keysar Child Product Safety
Notification Act, requires the
Commission to: (1) Examine and assess
the effectiveness of voluntary consumer
product safety standards for durable
infant or toddler products, in
consultation with representatives of
consumer groups, juvenile product
manufacturers, and independent child
product engineers and experts; and (2)
promulgate consumer product safety
standards for durable infant or toddler
products. Standards issued under
section 104 are to be ‘‘substantially the
same as’’ the applicable voluntary
standards, or more stringent than the
voluntary standard if the Commission
concludes that more stringent
requirements would further reduce the
risk of injury associated with the
product.
Section 104(f)(1) of the CPSIA defines
the term ‘‘durable infant or toddler
product’’ as ‘‘a durable product
intended for use, or that may be
reasonably expected to be used, by
children under the age of 5 years.’’ The
statute also specifies 12 categories of
products that fall within the definition.
Crib bumpers are not listed among the
products in section 104(f); however, on
October 19, 2016, the Commission voted
to amend the agency’s fiscal year 2017
(FY 2017) Operating Plan, directing staff
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to initiate rulemaking under section 104
of the CPSIA to promulgate a mandatory
consumer product safety standard to
address the risk of injury associated
with the use of padded crib bumpers.1
The FY 2017 Operating Plan also
directed staff to propose to amend the
definition of ‘‘durable infant or toddler
product’’ in the consumer registration
rule to include ‘‘crib bumpers.’’
Pursuant to section 104(b)(1)(A) of the
CPSIA, CPSC staff consulted with
manufacturers, retailers, trade
organizations, laboratories, consumer
advocacy groups, consultants, and
members of the public in the
development of this notice of proposed
rulemaking (NPR), largely through the
ASTM process. ASTM subcommittee
members represent producers, users,
consumers, government, and academia.2
Staff began the consultation process for
this rulemaking in December 2016 in a
letter to ASTM requesting that the
ASTM F15.19 Subcommittee on Infant
Bedding form task groups related to (1)
firmness requirements, (2) airflow
requirements, and (3) warning and
instructional requirements, to initiate
activities to update ASTM F1917,
Standard Consumer Safety Performance
Specification for Infant Bedding and
Related Accessories, with more
stringent requirements that will further
reduce the risk of injury associated with
crib bumpers. Since then, CPSC staff has
been actively participating in the ASTM
subcommittee activities to address these
issues.
This NPR incorporates by reference
the most recent voluntary standard
developed by ASTM International,
ASTM F1917–12, Standard Consumer
Safety Performance Specification for
Infant Bedding and Related Accessories,
with substantial modifications that the
Commission concludes would further
reduce the risk of injury or death from
crib bumpers/liners. If finalized, the
ASTM standard incorporated by
reference, as modified, would be a
mandatory safety rule under the
Consumer Product Safety Act (CPSA).
The testing and certification
requirements of section 14(a) of the
CPSA apply to the standards
promulgated under section 104 of the
CPSIA. Section 14(a)(3) of the CPSA
requires the Commission to publish an
NOR for the accreditation of third party
1 The final, approved FY 2017 Operating Plan can
be found here: https://www.cpsc.gov/s3fs-public/
CPSCFY2017OpPlan.pdf. The Commission
reaffirmed this decision in the FY18 Operating
Plan, which can be found here: https://
www.cpsc.gov/s3fs-public/FY_2018_Operating_
Plan_August302017.pdf.
2 ASTM International website: www.astm.org,
About ASTM International.
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conformity assessment bodies (test
laboratories) to assess conformity with a
children’s product safety rule to which
a children’s product is subject. The
proposed rule for crib bumpers/liners, if
issued as a final rule, would be a
children’s product safety rule that
requires the issuance of an NOR. To
meet the requirement that the
Commission issue an NOR for the crib
bumpers/liners standard, this NPR also
proposes to amend 16 CFR part 1112 to
include 16 CFR part 1240, the CFR
section where the crib bumpers
standard will be codified, if the
standard becomes final.
II. Product Description
Traditionally, crib bumpers are infant
bedding accessories that attach to the
interior perimeter of a crib and function
as a barrier between the infant and the
sides of the crib. However, the design of
these products can vary. The most
common type of crib bumper consists of
one or more rectangular fabric panels,
constructed of cotton or polyester, with
filling material for padding and with
fasteners to attach to a crib. The
fasteners are often ties that are secured
to the crib corner posts, crib slats or
spindles, or both. However, other
fastening methods exist. These products
commonly are marketed as preventing
injury to infants from impacts against
the sides of a crib and preventing limb
entrapments between crib slats.
Bumpers also are used to decorate the
infant’s sleep environment and might be
promoted as making a crib more
comfortable.
Less common designs of crib bumpers
include ‘‘vertical’’ bumpers or liners,
which essentially are a series of small
bumpers that individually enshroud
each vertical crib slat or spindle. These
products generally claim to offer
benefits that are comparable to
traditional bumpers while allowing
airflow through the sides of a crib.
Vertical bumpers may also be marketed
with a longer recommended useful life
span than traditional bumpers for
children with special needs. More
recent crib bumper variants are braided
bumpers, which consist of two or more
fabric sleeves, containing filling
material, and that are braided together.
Other bumper variants exist that look
similar to traditional bumpers but are
marketed with claims of being
‘‘breathable.’’ Mesh crib liners are
similar in their marketing claims that
the products are breathable, but these
products tend to be thinner than
traditional bumpers, with minimal
padding, if any, because they are not
intended to prevent impact injuries.
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All of these products, like traditional
crib bumpers, line the interior sides of
a crib and functionally limit or prevent
access to the crib sides, so, in principle,
all of these products might present
similar hazards and benefits to infants.
Thus, this proposed rule includes all of
these products within its scope.
Throughout this Federal Register
document, the term ‘‘crib bumpers’’ or
‘‘bumpers’’ includes these other
products, unless specifically excluded.3
III. Incident Data
CPSC has identified 113 fatal
incidents associated with crib bumpers
(i.e., cases in which a crib bumper was
present in the sleep environment)
reported to have occurred from January
1, 1990 through March 31, 2019.4 CPSC
has identified 113 nonfatal incidents
and concerns that involved crib
bumpers and were reported to CPSC
from January 1, 2008, through March 31,
2019. Because reporting is ongoing, the
number of reported fatalities and
nonfatal incidents and concerns may
change in the future. Specifically, data
for years 2017 through 2019 are not
complete.
A. Fatalities
CPSC has reports of 113 fatalities
associated with bumpers, which were
reported to have occurred between
January 1, 1990 and March 31, 2019. To
CPSC’s knowledge, all bumpers
involved in these incidents were
traditional bumpers, and all but eight
involved the bumper inside a crib.5
CPSC staff classified 30 of the 113 crib
bumper-related fatalities as
‘‘incidental.’’ In three of these cases, the
cause of death was known to have been
exclusively medical in nature, and
therefore unrelated to the bumper. In 27
of these 30 cases, although a bumper
was present, there was no evidence of
bumper contact with the infant.
Of the remaining 83 reported
fatalities, 75 (90 percent) involved
infants younger than 12 months and 51
(61 percent) involved infants 4 months
old or younger. Only three of the 83
3 As discussed herein, ASTM F1917–12 does not
contain a definition of ‘‘crib bumpers.’’
4 Although this nearly 30-year timeframe is
considerably longer than the 10-year timeframe that
CPSC commonly employs in other section 104
rulemaking activities, CPSC staff’s 2016 briefing
package concluded that all the reported fatalities
that staff examined and considered most likely to
be addressable occurred before 2008. (https://
www.cpsc.gov/s3fs-public/StaffResponsetothe
RecordofCommissionActiononCribBumper.pdf.)
Thus, to be as inclusive as possible, CPSC has
chosen to retain reported fatalities as far back as
1990.
5 Three incidents occurred in a toddler bed, three
in a bassinet, one in a playpen, and one on a
mattress on the floor.
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reported fatalities involved children 2
years old or older; one of these children
had health issues, one was
developmentally delayed, and the third
went into cardiac arrest about a year
after the bumper-related incident, when
the child was likely an infant.
B. Nonfatal Incidents and Concerns
CPSC has reports of 113 bumperrelated nonfatal incidents and concerns
that were related to crib bumpers and
were reported to CPSC from January 1,
2008, through March 31, 2019. Of these
113 nonfatal reports, 60 resulted in
injury, 50 did not result in injury, and
the disposition of 3 is unknown. Fifteen
(13 percent) of the 113 nonfatal
incidents and concerns reportedly
involved a breathable bumper or mesh
liner. Thirty-five cases did not report
the child’s age. Of the remaining 78
nonfatal incidents and concerns, 47 (60
percent) involved infants younger than
12 months.
C. Product Recalls
CPSC staff reviewed recalls involving
crib bumpers that occurred from July 9,
1990 through April 17, 2019. Staff
identified five consumer-level recalls
during that period to mitigate against
risks of entanglement, entrapment,
suffocation, and choking from loose
threads (e.g., unraveling ties, breaking
threads and seams) and from bumper
ties that either detached from the
product or were too long.
IV. Hazard Pattern Identification
A. Fatal Incidents
Generally, the cause of death in the
fatal incidents was reported as asphyxia,
suffocation, or Sudden Infant Death
Syndrome (SIDS). A number of reports
indicated that in addition to a crib
bumper being present, the sleeping
environment contained multiple
additional items, such as pillows,
blankets, and stuffed dolls. In many of
these incidents, it is unclear what role,
if any, the crib bumper played in the
death of the child. CPSC staff, through
group consensus, categorized the
fatalities into hazard scenarios based on
the best available account information
about the position of the child when
found and the cause of death ruled by
the medical examiner.
As mentioned previously, 30 of the
113 reported fatalities were incidental.
Table 1 shows the distribution of the
remaining 83 non-incidental reported
fatalities by hazard scenarios.
TABLE 1—REPORTED FATALITIES BY HAZARD SCENARIO
[January 1, 1990–March 31, 2019]
Reported
fatalities
Hazard
Percent 6
Entrapment/Wedging ...............................................................................................................................................
Against Object in Crib ......................................................................................................................................
In Perimeter of Crib ..........................................................................................................................................
Other .................................................................................................................................................................
Contact Without Entrapment/Wedging ....................................................................................................................
Contact With Possible Entrapment/Wedging ..........................................................................................................
Contact Outside Crib ...............................................................................................................................................
44
25
13
6
27
7
5
53
30
16
7
33
8
6
Total ..................................................................................................................................................................
83
100
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Source: CPSRMS and NEISS databases.
Reporting is ongoing for these databases, especially for 2017–2019.
1. Entrapment/Wedging: In 53 percent
(44 out of 83 fatalities) of the reported
fatalities, the child was found wedged
or entrapped against the bumper. This
category was divided into three
scenarios in which the child was found
wedged or entrapped.
a. Against Object in Crib: In 30
percent (25 out of 83 fatalities) of the
reported fatalities, the child was
entrapped or wedged between a crib
bumper and another object in the crib,
such as a bed pillow, an infant recliner,
or a cushion.
b. In Perimeter of Crib: In 16 percent
(13 out of 83 fatalities) of the reported
fatalities the child was found entrapped
between the mattress and the side of the
crib, on which a crib bumper was
installed. Nine of these cases involved
a crib that was structurally
compromised, with features such as
detached crib side rails, or missing or
detached crib slats.
6 Percentages may not sum to 100 due to
rounding.
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c. Other: Seven percent (6 out of 83
fatalities) of the reported fatalities
involved entrapment against a crib
bumper in some scenario not covered by
the two prior Entrapment/Wedging
hazard patterns, such as a child being
found wedged under the crib bumper.
2. Contact Without Entrapment/
Wedging: In 33 percent (27 out of 83
fatalities) of the reported fatalities, the
child was reportedly in contact with,
but not entrapped or wedged against,
the crib bumper.
3. Contact With Possible Entrapment/
Wedging: In eight percent (7 out of 83
fatalities) of the reported fatalities, the
child was found to be in contact with
the crib bumper, but the incident
scenario lacked sufficient details for the
staff to determine whether the child was
entrapped or wedged against the
bumper. These fatalities typically
described the child as being found with
his or her face between the mattress and
the crib bumper. The incident
descriptions often used the phrase
‘‘wedged between’’ to describe the
position of the child’s face when found.
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However, staff discovered that some
incidents without entrapment or
wedging used similar language to
describe the orientation of the child’s
face relative to the two surfaces. Thus,
incidents in this category did not
include sufficient details to enable
CPSC staff to conclude whether the
child was truly entrapped or wedged
against the bumper.
4. Contact Outside Crib: Six percent (5
out of 83 fatalities) of the reported
fatalities were cases in which the child
was in contact with a crib bumper that
was outside a crib. Staff is aware of
three other incidents involving a
bumper outside a crib, but in those
incidents there was no evidence of
contact with the crib bumper, and thus,
these three fatalities were ruled
incidental and not included.
B. Nonfatal Incidents
Table 2 summarizes the hazard
patterns for the bumper-related nonfatal
incidents. In cases where multiple
hazards were mentioned, the hazard
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that could have caused the most severe
injury was used.
TABLE 2—REPORTED NONFATAL INCIDENTS OR CONCERNS BY HAZARD PATTERN
[January 1, 2008–March 31, 2019]
Incidents/
complaints
Hazard
Percent 7
Slat Entrapments .....................................................................................................................................................
Climbing or Climb-Outs ...........................................................................................................................................
Under or Behind Bumper .........................................................................................................................................
Near-Strangulation or Entanglements .....................................................................................................................
Entrapped Against Object in Crib ............................................................................................................................
Choking or Ingestion of Small Parts ........................................................................................................................
Other ........................................................................................................................................................................
Concerns ..................................................................................................................................................................
38
12
10
8
7
7
14
17
34
11
9
7
6
6
12
15
Total ..................................................................................................................................................................
113
100
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Source: CPSRMS and NEISS databases.
Reporting is ongoing for these databases, especially for 2017–2019.
1. Slat Entrapments: Thirty-four
percent (38 out of 113 non-fatalities) of
reported nonfatal incidents involved
arm or leg entrapments between the
slats of the crib, even though a crib
bumper was present. Seven of the 38
slat entrapments reportedly involved a
breathable bumper or mesh liner. Of the
38 slat entrapments, 27 incurred
injuries.
2. Climbing or Climb-Outs: Eleven
percent (12 out of 113 non-fatalities) of
reported nonfatal incidents occurred
when a child, old enough to stand up,
reportedly used the bumper as a step to
climb. The child often fell back into the
crib or fell out of the crib. The youngest
children in these incidents were two 7month-old children.
3. Under or Behind Bumper: In nine
percent (10 out of 113 non-fatalities) of
reported nonfatal incidents, the child or
some part of the child was found under
or behind (i.e., against the crib side) the
crib bumper. In seven cases, the child
reportedly was trapped under or behind
the bumper. In two cases, the bumper
covered the child’s face, but the child
was not entrapped. In one case, the face
was under the bumper while the legs
were trapped in the slats. Some of these
cases reported that the bumper was
missing bottom ties.
4. Near-Strangulation or
Entanglements: Seven percent (8 out of
113 non-fatalities) of reported nonfatal
incidents involved the tie, threading, or
stitched-on components of a crib
bumper becoming loose and wrapping
around body parts of the child. Half of
these incidents specifically mention the
head, mouth, or neck being wrapped up
by a piece of a crib bumper. However,
none of these incidents involved a
7 Percentages may not sum to 100 due to
rounding.
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bumper tie wrapping around a child’s
neck.
5. Entrapped Against Object in Crib:
In six percent (7 out of 113 nonfatalities) of reported nonfatal incidents,
the child was entrapped between a crib
bumper and another object in the crib,
such as a sleep positioner or an infant
recliner.
6. Choking or Ingestion of Small Parts:
Six percent (7 out of 113 non-fatalities)
of reported nonfatal incidents involved
choking or ingestions. These incidents
generally involved the child putting a
piece of the crib bumper, such as
decorative stitched-on patterns, the ties,
or the stuffing from inside the bumper,
into their mouth.
7. Other: Twelve percent (14 out of
113 non-fatalities) of reported nonfatal
incidents were other issues involving a
child, including: Bumper integrity
issues such as ties detaching or being
pulled off, stitching being pulled out,
and paint rubbing off; injuries caused by
contact with crib bumpers; needles
found in the padding of the bumper;
injuries, such as cuts and bruises on the
crib rail, that occurred despite the
presence of the bumper; portions of the
crib (e.g., crib rails or slats, crib side)
breaking or separating while bumpers
were in use; and an entrapment between
a crib toy and the crib mattress while in
contact with the bumpers.
8. Concerns: Fifteen percent (17 out of
113 non-fatalities) of reported nonfatal
incidents and concerns did not involve
an actual incident with a child, but
instead, were general crib bumperrelated problems observed by the parent
or complainant. Common examples of
concerns with crib bumpers were:
Bumper integrity issues such as ties
detaching or the bumper coming apart;
concerns about poor bumper fit or
bumpers missing the lower ties; and
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general concerns about bumpers posing
a safety hazard.
V. Standards for Crib Bumpers
A. International Standard
CPSC is aware of one international
standard that contains performance
requirements for crib bumpers/liners:
BS EN 16780:2018, Textile child care
articles—Safety requirements and test
methods for children’s cot bumpers. (BS
EN 16780:2018).8 BS EN 16780:2018 has
requirements to address falls from the
crib, suffocation on materials,
strangulation on cords, entrapment of
fingers/toes, sharp or abrasive edges,
choking, internal injuries from magnets,
entrapment, strangulation, choking, cuts
and abrasions. EN 16780:2018 also
includes requirements pertaining to
chemical hazards, fire hazards, and
hygiene hazards.
EN 16780:2018 requires that the
design of the product prevent the crib
bumper/liner from falling into the crib,
but the design requirement does not
have a test method. The standard does
not have a requirement for the firmness
of crib bumpers/liners. Additionally,
although there are specific requirements
(prohibitions) for plastic surfaces that
could affect breathability, the rationale
for that requirement assumes the air
flow characteristics of the underlying
woven fabric and filling materials are
8 The foreword to BS EN 16780:2018 states that
the British Standard is the UK implementation of
EN 16780:2018, and it partially supersedes BS
1877–10:2011+A1:2012. The foreword also states
that ‘‘BSI, as a member of CEN, is obliged to publish
EN 16780:2018 as a British Standard. However,
attention is drawn to the fact that during the
development of this European Standard, the UK
committee voted against its approval.’’ BS 1877–
10:2011+A1:2012 has length and strength
requirements for crib bumper ties similar to those
in EN 16780:2018, but does not have any thickness
or firmness requirements for crib bumpers.
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adequate. The standard provides no
basis for its rationale and lacks a test
method. The contact of an infant’s face
into a soft crib bumper/liner is not
addressed.
B. State and Local Standards
Some state and local jurisdictions
have banned the sale of crib bumpers.
• Chicago, IL: The sale or lease of any
‘‘crib bumper pad’’ is illegal in Chicago,
IL, effective April 5, 2012.9 The Chicago
code defines a ‘‘crib bumper pad’’ as:
‘‘any padding material, including but
not limited to a roll of stuffed fabric,
which is designed for placement within
a crib to cushion one or more of the
crib’s inner sides adjacent to the crib
mattress.’’
• Maryland: Effective June 21, 2013,
Maryland’s Department of Health and
Mental Hygiene (DHMH) published
final regulations that declare ‘‘baby
bumper pads’’ to be a hazardous
material that may not be shipped or sold
to a purchaser in Maryland. The
Maryland regulation defines ‘‘baby
bumper pad’’ as: ‘‘a pad or pads of nonmesh material resting directly above the
mattress in a crib, running the
circumference of the crib or along the
length of any of the interior sides of the
crib, and intended to be used until the
age that an infant pulls to a stand.’’ The
regulation also states that a ‘‘new’’
ASTM voluntary standard for these
products might replace the ban if the
DHMH Secretary determines that
products complying with the ASTM
standard are not a danger to public
health and safety, and that the Secretary
may suspend the regulation if the CPSC
affirmatively finds that the benefits of
certain bumpers exceed the risks. The
ban does not apply to mesh crib liners
or to vertical bumpers that wrap tightly
around each individual crib rail.10
• Watchung, NJ: On December 15,
2016, the borough of Watchung, NJ,
amended its police regulations to
prohibit the sale or lease of ‘‘crib
bumper pads,’’ 11 which are defined as:
‘‘any padding material, including but
not limited to a roll of stuffed fabric or
breathable liner, which is designed for
placement within a crib to cushion one
or more of the crib’s inner sides adjacent
to the crib mattress.’’ The ordinance
explicitly states that mesh liners are not
included in the definition of ‘‘crib
bumper pad.’’
• Ohio: On April 6, 2017, Ohio
banned the manufacture, sale, or
9 Chicago,
IL., Mun. Code section 7–36–112.
https://phpa.health.maryland.gov/mch/
Pages/crib-bumpers.aspx.
11 Revised General Ordinances of the Borough of
Watchung, Chapter VI section 6–13, Ord. No. 2016–
15.
10 See
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delivery of ‘‘crib bumper pads,’’ 12
defined as: ‘‘any padding material,
including a roll of stuffed fabric, that is
designed for placement within a crib to
cushion one or more of the crib’s inner
sides adjacent to the crib mattress.’’ The
definition also states that ‘‘crib bumper
pad’’ excludes mesh crib liners,
regardless of whether CPSC includes
mesh liners in its definition of ‘‘crib
bumper pad.’’ The ban excludes mesh
crib liners for no more than 3 years after
the effective date, unless such liners
comply with consumer product safety
standards promulgated by CPSC to
ensure sufficient permeability and
breathability to prevent infant
suffocation.
The states of Missouri, New York, and
Vermont are considering similar bans.
In addition, in June 2019, a bill to ban
the manufacture, importation, and sale
of crib bumpers in the United States, the
‘‘Safe Cribs Act of 2019’’ (H.R. 3170 and
S. 1816), was introduced in Congress.
The bill, as introduced, defined the term
‘‘crib bumper’’ broadly to include not
only traditional padded crib bumpers,
but also mesh crib liners and vertical
bumpers, or crib slat covers. However,
on July 10, 2019, the House Committee
on Energy and Commerce,
Subcommittee on Consumer Protection
and Commerce, amended the definition
of ‘‘crib bumper’’ in H.R. 3170 to
exclude mesh liners.
VI. Voluntary Standard—ASTM F1917
A. Background
ASTM F1917, Standard Consumer
Safety Performance Specification for
Infant Bedding and Related Accessories,
contains requirements for infant
bedding and related accessories,
including crib bumpers, in the United
States. The current version of the
voluntary standard was published in
2012 (ASTM F1917–12). This is the
third revision since the standard was
first published in 1999.
B. Description of the Current Voluntary
Standard—ASTM F1917–12
ASTM F1917–12 includes the
following key provisions: Scope,
terminology, general requirements,
performance requirements, test
methods, and labeling requirements.
Tab C of the staff’s briefing package
provides details about the standard. We
summarize key provisions below.
The scope section of ASTM F1917–12
provides that the standard applies to
‘‘infant bedding and related
accessories.’’ Section 3.1.4 of ASTM
F1917–12 defines the term ‘‘infant
12 37
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bedding and related accessories’’ to
include the following items intended for
use in a nursery: Fitted sheets, blankets,
dust ruffles, covers and drapes for
canopies, pillows, mattress covers,
diaper stackers, fabric wall, bumper
guards, headboard bumper guards, and
comforters. This proposed rule would
apply only to crib bumpers. ASTM
F1917–12 does not define ‘‘crib
bumper.’’
ASTM F1917–12 contains general
requirements for the bumper’s
attachment means (e.g., ties), decorative
components, and threads. Section 5 of
ASTM F1917–12 requires crib bumpers
to be ‘‘capable of being secured at or
near all corners and at the midpoints of
the long sides of the crib,’’ and specifies
that bumpers intended for circular cribs
must be capable of being secured at
intervals not exceeding 26 inches.
Section 6 of ASTM F1917–12
includes performance requirements and
test methods for unsupported vinyls,
maximum bumper thickness, and
bumper pad tie strength. ASTM F1917–
12 defines unsupported vinyl as vinyl
that is not integrated to a backing
material. The standard requires that
unsupported vinyl that is accessible to
an infant be 0.012-in (0.3mm) thickness
or greater. The maximum bumper
thickness requirement in ASTM F1917–
12 uses a bumper thickness test fixture
to limit the maximum thickness of crib
bumpers to about 2 inches. The bumper
thickness test applies only to crib
bumpers manufactured of fabric and
filled with a fibrous material. The
bumper pad tie strength requirement in
AST MF1917–12 only applies to ties,
and no other means of attachment.
Section 8 of ASTM F1917–12 contains
warning and instructional requirements
for infant bedding and related
accessories, and includes warnings that
must appear on certain products
covered by the standard.
VII. Assessment of the Voluntary
Standard ASTM F1917–12
CPSC assessed the adequacy of ASTM
F1917–12 on the basis of the incident
data and hazard patterns, and on CPSC’s
review of the current voluntary standard
for issues requiring clarification. A more
stringent standard than the current
ASTM standard is necessary to further
reduce the risk of injury associated with
crib bumpers. Accordingly, the
proposed rule includes substantial
changes and additions to the existing
voluntary standard requirements.
A. Addition of Crib Bumper Definition
ASTM F1917–12 includes several
performance and labeling requirements
for crib bumpers. However, the
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voluntary standard identifies these
products inconsistently as: ‘‘bumper
pad’’ (section 6.3, 7.4, 7.4.1, Note 2),
‘‘bumper guards’’ (3.1.4, 5.1, 5.4),
‘‘headboard bumper guards’’ (3.1.4, 5.1),
‘‘headboard/bumper set’’ (8.2.1),
‘‘bumper’’ (3.1.1, 6.2, Figure 1 caption,
7.3, 8.2.1), and ‘‘crib bumper’’ (6.2). The
voluntary standard does not define any
of these terms. The Commission is
proposing a broad definition that
encompasses traditional crib bumpers as
well as mesh crib liners. Products that
cover only the top rail of a crib would
not be considered crib bumpers. Such
top rail covers do not serve the same
function as a crib bumper or mesh liner.
Taking these factors into account, the
Commission proposes to define
products that are subject to the rule in
the following way:
crib bumper/liner, n—any product
intended to be placed against any
portion of the interior perimeter of a
crib, and that reduces or eliminates an
infant’s access to the crib sides, slats,
spindles, or the spaces between these
components.
Discussion—Such products are
commonly referred to as crib bumpers,
crib liners, mesh liners, bumper pads,
bumper guards, and headboard panels,
but do not include products intended to
cover only the top horizontal rail of a
crib.
Defining the products that are subject
to the rule using consistent terms will
further reduce the risk of injury
associated with crib bumpers by
providing clarity to manufacturers and
testing laboratories about which
products are subject to the requirements
of the proposed rule. The ASTM Infant
Bedding subcommittee intends to ballot
this definition as part of its revisions to
the F1917 standard.
B. Suffocation Hazard
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1. Crib Bumper Thickness
Pillows, and other soft, pillow-like
objects can pose a suffocation hazard to
infants by conforming to the face and
blocking the nose and mouth. ASTM
F1917–12 addresses the potential
suffocation hazard posed by crib
bumpers by limiting the maximum
thickness of crib bumpers to about 2
inches, thereby eliminating soft, pillowlike crib bumpers from the marketplace.
The ASTM standard specifies a bumper
thickness test fixture to assess the
bumper’s thickness, by limiting the
maximum thickness of crib bumpers to
about 2 inches, thereby eliminating soft,
pillow-like crib bumpers from the
marketplace.13 14 However, ASTM
13 ASTM
F1917–12, Section X1.1.
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F1917–12 only applies this test to
bumpers manufactured of fabric and
filled with a fibrous material. The
Commission proposes to apply this
thickness requirement to all crib
bumpers/liners, regardless of their
construction, because bumpers made
from other materials (e.g., filled with
foam) still could be soft and pillow-like,
and pose the same hazard. Broadening
the existing requirement to apply to all
crib bumpers/liners would further
reduce the risk of suffocation. The
ASTM Infant Bedding subcommittee
intends to ballot a similar change to the
F1917 standard.
CPSC staff’s testing of crib bumper
samples also identified some bumpers
that passed through the bumper test
fixture, but at such an extremely slow
rate that staff found it difficult to
determine whether the bumper passed
or failed the test. Thus, the Commission
is proposing to include a minimum rate
at which the bumper must pass through
the fixture to more clearly delineate a
pass from a fail. Specifically, the
Commission proposes a rate of no less
than 0.5 inches per second. Because the
surface finish of the slot in the bumper
thickness test fixture can affect how
quickly a bumper can slide through it
and can introduce variation among test
laboratories and fixtures, the
Commission is also proposing a
minimum finish requirement for the test
fixture. Specifically, the Commission
proposes a surface finish of 1.6 Ra
(roughness average), which is a common
‘‘smooth’’ specification and is practical
to achieve. Both of these additional
requirements—the recommended rate
and the recommended surface finish—
should further reduce the risk of
suffocation by improving a test
laboratory’s ability to identify crib
bumpers that would fail the thickness
test.
2. Crib Bumper Firmness. The F1917–
12 maximum thickness requirement for
crib bumpers is intended to address the
suffocation hazard by eliminating ‘‘soft’’
pillow-like crib bumpers. However,
thickness is not the same as softness,
and the ability of a surface to conform
around a child’s face is an important
indicator of suffocation hazards.
Currently, one could make a crib
bumper that would pass the maximum
thickness requirement in ASTM F1917–
12, but still would be soft enough to
readily conform to an infant’s face. In
14 Petition CP 12–2, ‘‘Petition Requesting a
Performance Standard to Distinguish and Regulate
Hazardous Pillow-Like Crib Bumpers from Non
Hazardous Traditional Crib Bumpers Under
Sections 7 and 9 of the Consumer Product Safety
Act,’’ from the Juvenile Products Manufacturers
Association (JPMA).
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fact, a crib bumper that is especially soft
could be thicker than the bumper
thickness test fixture and still pass the
maximum thickness test because of its
very pliable, pillow-like quality. Thus,
to further reduce the risk of injury
associated with crib bumpers, the
Commission proposes to include an
additional firmness requirement.
The Commission is proposing a
firmness requirement and test method
that is based on an Australian/New
Zealand standard, AS/NZS 8811.1:2013,
Methods of Testing Infant Products: Part
1: Sleep Surfaces—Test for Firmness,
which is intended to assess the firmness
of infant mattresses and other horizontal
sleep surfaces for ‘‘excessive
compression.’’ The test uses a device
that consists of a circular disk of a
certain size and weight, with an
attached ‘‘feeler arm’’ that extends over
the edge of the disk. The device is
placed on the product, which
compresses under the device’s weight. If
the compression is enough to cause the
feeler arm to touch the surface of the
product, the product fails. The test
device was developed based on a device
that was used in a German study to
objectively measure the softness of
mattresses and underlay surfaces as part
of a case-control study of SIDS.
The test’s failure criteria are intended
to identify soft surfaces that pose a
three-fold increase in the risk of SIDS.
CPSC staff tested crib bumper samples
to the ASTM F1917–12 thickness
requirement and to the proposed
firmness requirement. Staff found that
many bumpers that passed the thickness
requirement would fail the firmness
requirement. Although staff tested a
limited number of samples, all bumper
samples up to 0.8 inches thickness
passed the firmness test, while all
bumper samples 1.2 inches or greater
failed the test; bumpers 1 inch thick had
mixed results. Nevertheless, it is
possible that some bumpers greater than
1 inch thick could be firm enough to
pass the test, and some bumpers less
than 1 inch could be soft enough to fail.
One of the samples that failed the
firmness test yet passed the F1917
maximum thickness test measured 2.5
inches thick, which is a half-inch
thicker than the 2-inch slot that is used
to test thickness. Its very pliability, or
softness, allowed it to pass the thickness
test.
CPSC staff has been working with the
ASTM Infant Bedding Subcommittee
task group on crib bumper firmness.
CPSC staff and members of the task
group agree that the proposed firmness
requirement and test method would
address a worst-case scenario in which
the crib bumper separates from the crib
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side or otherwise protrudes into the
sleep area and gets underneath an
infant. In this scenario, the bumper
would present a smothering-type
suffocation hazard similar to a quilt or
other piece of soft bedding that is able
to conform to, and occlude, airway
openings. CPSC is aware of nonfatal
incidents involving bumpers without
lower ties or with ties detaching from
the bumper, either of which would
allow for this scenario. Some reported
fatalities have limited or conflicting
details about the infant’s face relative to
the crib bumper, and these incidents
might have involved this scenario. In
addition, CPSC examination of crib
bumper samples found that long
continuous bumpers could be
mistakenly installed on a crib in ways
that would result in a loose fit and
possible sagging. The proposed firmness
requirement would reduce the risk of
injury of bumpers in the event that
consumers incorrectly install these
products and the product enters the
sleep area.
The Commission also concludes that
its proposed firmness requirement could
improve the safety of crib bumpers by
offering some protection against other
smothering-type suffocation deaths
where the victim’s face is forcefully
pressed against a bumper to fully or
partially occlude external airway
openings. Scenarios involving infant
wedging or entrapment against a
bumper, in general, and infant
entrapment between the bumper and
another object in the crib in particular,
are especially common in the reported
fatalities. Some of these incidents
involve the face being pressed against
the bumper, and a firmness requirement
would reduce the risk of injury
associated with this scenario, provided
the applied pressure was not sufficient
to compress and close nostril openings.
The ASTM Infant Bedding
subcommittee is preparing a ballot that
includes the proposed firmness
requirement.
C. Suffocation Hazard and Entrapment
Hazard—Crib Bumper Attachment
ASTM F1917–12 requires crib
bumpers to be ‘‘capable of being secured
at or near all corners and at the
midpoints of the long sides of the crib,’’
and specifies that bumpers intended for
circular cribs must be capable of being
secured at intervals not exceeding 26
inches (section 5.4). CPSC has the
following concerns with this provision:
• How ‘‘near’’ the corners a bumper
would need to be to pass the
requirement is not clear.
• The intervals specified—from 26
inches for a circular crib to 28 inches
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corner to corner for the short end of a
crib—are large enough to easily allow a
bumper to sag or to pull away from the
crib side. CPSC is aware of reported
fatalities involving bumpers that were
sagging, and consumers have reported
concerns about poor fit between
bumpers and the crib in which they
were installed.
• Crib bumpers can meet the
requirement when they are not secured
or flush at both the top and bottom
edges of the bumper. CPSC is aware of
reported fatalities and nonfatal
incidents in which the victim was
entrapped or able to slip beneath the
bottom edge of the bumper, and there
have been nonfatal incidents involving
entrapment behind the bumper (i.e.,
between the bumper and the crib side).
In addition, some consumers have
reported concerns about bumpers that
did not include ties along the bottom of
the bumper.
The Commission is proposing a new
performance requirement that would
replace the existing F1917 attachment
requirements. The proposed
requirement would not allow a small
head probe to pass between an installed
crib bumper and the interior crib side,
at any location around the perimeter of
the bumper most likely to fail. The
small head probe is the same one used
in ASTM F963, Standard Consumer
Safety Specification for Toy Safety, and
approximates the 5th percentile head
size of an infant 0 to 3 months old.15
The Commission believes that this
alternative attachment requirement and
test method will further reduce the risk
of injury associated with crib bumpers.
Specifically, the proposed requirement
could reduce the risks of suffocation
and entrapment associated with infants
accessing the spaces under and behind
installed crib bumpers. The ASTM
Infant Bedding subcommittee has
formed a Bumper/Liner Attachment task
group, which is developing a similar
requirement for the F1917 voluntary
standard.
D. Entanglement, Choking, and
Suffocation Hazards—Crib Bumper Tie/
Attachment Means Strength
Requirement
Some nonfatal incidents and reported
consumer concerns involved parts of the
crib bumper (such as the ties, threads,
or stitched-on decorative patterns)
wrapped around the neck, limb or digit
of the child. In addition to entanglement
concerns, some incidents involved a
15 This probe, which is used to test for hazardous
loops and cords, is based on the 5th percentile head
length and breadth dimensions of an infant 0 to 3
months old (ASTM F963–03, Section A5.7.13).
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child’s ingestion of, or choking on, part
of the crib bumper, such as a decorative
stitched-on pattern or the bumper’s
filling material. The attachments means
separating from the bumper could also
pose a suffocation hazard, because this
could allow the bumper to fall or sag
into the crib.
1. Attachment Means, Decorative
Components, and Seams
ASTM F1917–12 includes a strength
requirement for crib bumper ties. The
ties must withstand a certain amount of
force without detaching from the
bumper. This requirement addresses the
nonfatal incidents and reported
consumer concerns involving crib
bumper ties separating from bumpers.
However, the standard does not define
‘‘ties,’’ but rather, ‘‘attachment means.’’
Ties are merely one form of attachment
means. Thus, the Commission is
proposing to revise the strength
requirement for bumper ties to apply to
all attachment means, rather than just to
ties. The ASTM Infant Bedding
subcommittee currently is considering
an identical change to the F1917
standard.
2. Decorative Components and Seams
Strength Requirements
In addition, the Commission is
proposing to include strength
requirements for decorative components
and bumper seams so that they too must
withstand a certain amount of force
without detaching from the bumper.
Because decorative components may be
subjected to similar stressors as
attachment means, the Commission
proposes similar strength requirements
for both. The proposed seam strength
requirement includes a criterion that,
after testing, there shall not be an
opening that permits insertion of a 0.22inch diameter rod. This diameter is
based on the finger entrapment probe
that is employed in many children’s
product tests.
ASTM F1917–12 specifies certain
dimensional limits (e.g., measured
lengths or perimeters) for attachment
means (section 5.1) and decorative
components (5.2). However, the current
language would pass crib bumpers that
include components that exceed these
limits after having been subjected to the
strength testing, which could present
entanglement and choking hazards. The
Commission proposes to require crib
bumpers to meet these dimensional
limits both before and after strength
testing.
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1. Warning Content and Format
The current F1917 warning provides
incomplete and insufficient information
about steps that consumers can take to
reduce the risk of suffocation, and lacks
key details about when and why crib
bumpers should be removed from the
crib. For example, CPSC is aware of
reported fatalities involving
entrapments between the bumper and
another object in the crib, use of the
bumper outside a crib (e.g., in a toddler
bed or bassinet), and use of the bumper
in a broken crib. The current warning
requirement does not address these use
patterns. CPSC also is aware of nonfatal
incidents involving climbing or climbouts, which the current warning
requirement does not address explicitly.
The Commission seeks comment on
whether incidents of climbing or climbout have resulted from a crib bumper or
liner installed in a crib.
In addition, the specified labeling and
warning-format requirements are not
consistent with the recommendations of
the ASTM Ad Hoc Language task group.
ASTM juvenile products standards have
begun adopting these ‘‘Ad Hoc’’
recommendations since 2016 to increase
the consistency of on-product warning
design among juvenile products, and to
address numerous warning format
issues related to capturing consumer
attention, improving readability, and
increasing hazard perception and
avoidance behavior.
On the basis of the issues identified
above, the Commission proposes to
replace the ASTM F1917–12 warning
requirements to produce the following
warning, in terms of content and general
format:
Because crib bumper ties or other
attachment means up to 7 inches long
do not pose a strangulation hazard, the
Commission proposes requiring the
warning statement about entanglement
and strangulation only for those
bumpers with attachment means
exceeding 7 inches in length.16 The
Commission seeks comment on whether
to require the last two sentences about
removal of the product and climbing
out.
term. Numerous ASTM juvenile product
standards require warnings to be
‘‘conspicuous,’’ and they define this
term in a way that enables one to assess
conformance, typically by stating when
the warning must be visible. Thus, to
clarify the required placement of the
warning on the product, the proposed
rule includes a definition of
‘‘conspicuous’’ that is consistent with
the definition used in many other
ASTM juvenile product standards.
for warning permanence that are
consistent with similar requirements in
other ASTM juvenile products
standards. The Commission proposes to
require that warnings that are attached
to the fabric with seams must remain in
contact around the entire perimeter of
the warning. This requirement is
intended to avoid so called ‘‘freehanging’’ labels, which can be removed
easily.
a. Warning Placement
ASTM F1917–12 requires the
warnings for crib bumpers to be
‘‘conspicuous,’’ but does not define this
b. Warning Permanence
16 ASTM F1917–12 specifies that bumper ties
cannot be longer than 9 inches, and staff
recommends that the proposed rule apply this limit
to all attachment means.
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ASTM F1917–12 requires the
warnings for crib bumpers to be
‘‘permanent’’; however, the standard
neither defines ‘‘permanent’’ nor
specifies how one would assess
conformance to this requirement. Thus,
the proposed rule includes requirements
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c. Additional Crib Bumper Markings
The proposed rule would require
permanent markings on the crib bumper
that indicate which portions of the
bumper are intended for the long and
short sides of the crib, except for those
crib bumpers intended for circular cribs.
This proposed requirement would
reduce the likelihood of consumers
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E. Suffocation, Entanglement and Fall
Hazards—Crib Bumper Warnings and
Instructions
ASTM F1917–12 includes marking
and labeling requirements—primarily
warning requirements—for crib
bumpers. However, the Commission
concludes that these requirements do
not adequately address the risk of injury
and death associated with crib bumpers.
The current warning content, format,
and placement requirements are
deficient. Additional requirements,
including requirements for warning
permanence and instructional literature,
would further reduce the risk of injury
associated with crib bumpers.
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installing the bumper incorrectly, and
thus will reduce the potential for loose
or sagging bumpers. CPSC is aware of
fatal incidents involving sagging
bumpers, and consumers have reported
concerns about installation difficulties
and poor bumper fit.
d. Instructional Literature
ASTM F1917–12 does not include
requirements for instructional literature
to accompany crib bumpers. Numerous
ASTM juvenile product standards
require manufacturers to provide
instructions with the product. Given the
importance of proper bumper
installation, the Commission concludes
that instructional literature regarding
installation is essential to adequately
address the risk of injury and death
associated with bumpers. In addition,
the ASTM Ad Hoc Language task group
has published recommended
requirements for instructional literature
and for the formatting of warnings in
instructional literature. Thus, the
proposed rule includes requirements for
instructional literature, largely based on
the Ad Hoc Language recommended
requirements.
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F. Commission Direction Pertaining to
Crib Bumpers
In the FY 2017 Operating Plan, the
Commission stated that in developing a
proposed standard, CPSC staff shall, at
a minimum:
• ‘‘Develop a performance
requirement and test method to show
that a crib bumper is firm enough not
to conform to the face of an infant,
based on known anthropometric
parameters;’’
• ‘‘develop a performance
requirement and test method based on
known infant inhalation and exhalation
requirements and anthropometric
parameters to demonstrate that a crib
bumper matches or exceeds the airflow
characteristics of mesh or mesh-like
materials, taking into account the safety
of infants with compromised
breathing;’’ and
• ‘‘compose warnings and
instructions on the product that explain
all of the types of cribs on which the
product can and cannot be installed,
clear advice about how to install the
product and at what age of the child to
stop using the product.’’
1. Firmness
CPSC staff performed work to develop
an anthropometry-based probe.
However, the rigidity of the probe’s
cone-shaped protrusion does not
necessarily represent the highly flexible
cartilage in young infants’ noses, and
therefore, might not account for the
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potential of the nose to compress and
close the nostrils when pressure is
applied. In addition, in performing
preliminary testing of crib bumper
samples using the anthropometry-based
probe, staff was unable to establish a
clear pass-fall criterion. As a result, staff
is uncertain whether the probe would
accurately measure or relate to the risk
of suffocation. Consequently, staff’s
recommended firmness is not based on
anthropometric parameters. Thus, the
Commission is proposing adding a
firmness requirement to ASTM’s
requirements, but the proposed
requirement is not based on
anthropometric parameters.
2. Airflow
The current ASTM voluntary standard
for crib bumpers does not include an
airflow-related performance
requirement. CPSC staff developed a test
method for assessing the airflow of crib
bumpers that is based on British
standard BS 4578:1970, Specification
for Methods of Test for Hardness of, and
for Air Flow Through, Infants’ Pillows,
and British standard BS 1877–8:1974,
Specification for Domestic bedding—
Part 8: Pillows and bolsters for domestic
use (excluding cellular rubber pillows
and bolsters). Staff modified the test
method to use a ‘‘breathing’’ rate that is
physiologically representative of a
sleeping 3-month old infant by using a
2 L/min airflow. Although staff’s test
could be used to distinguish mesh liners
from most padded crib bumpers, as
discussed more fully in the briefing
package, CPSC staff was unable to
conclude that the requirement would
reduce the risk of injury associated with
crib bumpers. Thus, CPSC staff did not
recommend an airflow requirement for
crib bumpers.
However, on January 22, 2020, the
Commission held an all-day public
hearing regarding the draft NPR and the
risks associated with crib bumpers. At
the hearing, the Commission heard
testimony that millions of mesh crib
liners have been sold over almost two
decades without known associated
fatalities. Moreover, CPSC staff has
identified at least four infant deaths
where the victim’s face was reported to
be in contact with a bumper, and
determined that the death likely could
have been prevented had the bumper
been replaced with a mesh liner or
vertical bumper. Given the testimony
submitted at the January 2020 hearing
about the lack of fatalities associated
with mesh crib liners and the fact that
airflow tests can differentiate mesh from
traditional padded bumpers, the
Commission is proposing an airflow
performance requirement and test
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method based on British Standard BS
4578:1970, Specification for Methods of
Test for Hardness of, and for Air Flow
Through, Infants’ Pillows, with
modifications. The Commission believes
this additional requirement will further
reduce the risk of injury associated with
crib bumpers. The Commission seeks
comment on whether alternative test
methods, such as ASTM D737–18,
Standard Test Method for Air
Permeability of Textile Fabrics, can be
correlated with results from the British
Standard, as modified, and whether
adopting an alternative test method
offers benefits.
3. Warnings and Instructions
CPSC staff addressed the
Commission’s request related to
warnings and instructions by
recommending the following revisions
to ASTM F1917–12 for the proposed
rule in the staff briefing package:
• New warning statements about only
using crib bumpers in unbroken, fullsize cribs, and not using bumpers in
toddler beds or bassinets;
• More explicit descriptions of how
the bumper should fit when properly
installed; and
• More details about when and why
consumers should remove crib bumpers
from a crib.
As discussed in Section VII.E of this
preamble, the proposed rule includes
these modifications to ASTM F1917–12.
VIII. Proposed Standard for Crib
Bumpers
The Commission proposes to
incorporate by reference ASTM F1917–
12, Standard Consumer Safety
Performance Specification for Infant
Bedding and Related Accessories, with
modifications that would further reduce
the risk of injury or death associated
with crib bumpers. The proposed
modifications are discussed in detail in
the Section VII of this preamble and are
summarized below:
• Add a ‘‘crib bumper/liner’’
definition.
• Revise the crib bumper thickness
requirement to apply to all crib bumpers
and liners, and revise the test method by
adding a minimum rate at which the
bumper must pass through the test
fixture and a surface finish requirement
of 1.6 Ra for the text fixture.
• Add a crib bumper firmness
requirement and test method.
• Add a crib bumper airflow
requirement and test method.
• Replace the existing requirement for
crib bumpers to be capable of being
secured at certain locations with a new
crib bumper attachment requirement
and test method.
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• Revise the strength requirement for
crib bumper ties to apply to all
attachment means, and add new
strength requirements and test methods
for decorative components and seams.
• Revise the crib bumper warning
content, format, and placement
requirements; add warning permanence
requirements and test methods; and add
a requirement for additional crib
bumper markings.
• Add crib bumper instructional
literature requirements.
Vertical Bumpers
At the hearing in January 2020, the
Commission heard testimony that
vertical bumpers, or slat covers, have
been sold since 2008 without fatalities
and have been used by consumers
caring for children with special needs.
Furthermore, vertical bumpers have
been exempted from some state
regulations addressing crib bumpers.
Consequently, the Commission also
seeks comment on reports of any
incidents or injuries associated with
vertical bumpers; the recommended
user population, market size and
expected, useful lifespan of vertical
bumpers; what design characteristics of
vertical bumpers are critical for safety,
such as shape, thickness, fill materials,
and attachment means; whether there
are any requirements in this proposal
from which vertical bumpers should be
exempt and why; and whether any test
methods need to be modified for testing
vertical bumpers.
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IX. Proposed Amendment to 16 CFR
Part 1112 To Include NOR for Bumpers
The CPSA establishes certain
requirements for product certification
and testing. Products subject to a
consumer product safety rule under the
CPSA, or to a similar rule, ban, standard
or regulation under any other act
enforced by the Commission, must be
certified as complying with all
applicable CPSC-enforced requirements.
15 U.S.C. 2063(a). Certification of
children’s products subject to a
children’s product safety rule must be
based on testing conducted by a CPSCaccepted third party conformity
assessment body. Id. 2063(a)(2). The
Commission must publish an NOR for
the accreditation of third party
conformity assessment bodies to assess
conformity with a children’s product
safety rule to which a children’s product
is subject. Id. 2063(a)(3). Thus, the
proposed rule for 16 CFR part 1240,
Safety Standard for Crib Bumpers/
Liners, if issued as a final rule, would
be a children’s product safety rule that
requires the issuance of an NOR.
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The Commission published a final
rule, Requirements Pertaining to Third
Party Conformity Assessment Bodies, 78
FR 15836 (March 12, 2013), codified at
16 CFR part 1112 (‘‘part 1112’’) and
effective on June 10, 2013, which
establishes requirements for
accreditation of third party conformity
assessment bodies to test for conformity
with a children’s product safety rule in
accordance with section 14(a)(2) of the
CPSA. Part 1112 also codifies all of the
NORs the Commission issued
previously.
All new NORs for new children’s
product safety rules, such as the crib
bumper/liner standard, require an
amendment to part 1112. To meet the
requirement that the Commission issue
an NOR for the crib bumper/liner
standard, as part of this NPR, the
Commission proposes to amend the
existing rule that codifies the list of all
NORs issued by the Commission to add
crib bumpers/liners to the list of
children’s product safety rules for
which the CPSC has issued an NOR.
Test laboratories applying for
acceptance as a CPSC-accepted third
party conformity assessment body to
test to the new standard for crib
bumpers/liners would be required to
meet the third party conformity
assessment body accreditation
requirements in part 1112. When a
laboratory meets the requirements as a
CPSC-accepted third party conformity
assessment body, the laboratory can
apply to the CPSC to have 16 CFR part
1240, Safety Standard for Crib
Bumpers/Liners, included in the
laboratory’s scope of accreditation of
CPSC safety rules listed for the
laboratory on the CPSC website at:
www.cpsc.gov/labsearch.
X. Proposed Amendment to Definitions
in Consumer Registration Rule
The statutory definition of ‘‘durable
infant or toddler product’’ in section
104(f) applies to all of section 104 of the
CPSIA. In addition to requiring the
Commission to issue safety standards
for durable infant or toddler products,
section 104 of the CPSIA also directs the
Commission to issue a rule requiring
that manufacturers of durable infant or
toddler products establish a program for
consumer registration of those products.
15 U.S.C. 2056a(d).
Section 104(f) of the CPSIA defines
the term ‘‘durable infant or toddler
product’’ as ‘‘a durable product
intended for use, or that may be
reasonably expected to be used, by
children under the age of 5 years’’; and
lists examples of 12 such product
categories. The examples do not include
crib bumpers.
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(f) DEFINITION OF DURABLE
INFANT OR TODDLER PRODUCT. As
used in this section, the term ‘‘durable
infant or toddler product’’—
(1) means a durable product intended
for use, or that may be reasonably
expected to be used, by children under
the age of 5 years; and
(2) includes—
(A) full-size cribs and non-full-size
cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and
hook-on-chairs;
(D) bath seats;
(E) gates and other enclosures for
confining a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.
Id. 2056a(f).
In 2009, the Commission issued a rule
implementing the consumer registration
requirement. 16 CFR part 1130. As the
CPSIA directs, the consumer registration
rule requires each manufacturer of a
durable infant or toddler product to:
Provide a postage-paid consumer
registration form with each product;
keep records of consumers who register
their products with the manufacturer;
and permanently place the
manufacturer’s name and certain other
identifying information on the product.
When the Commission issued the
consumer registration rule, the
Commission identified six additional
products as ‘‘durable infant or toddler
products’’:
• Children’s folding chairs;
• changing tables;
• infant bouncers;
• infant bathtubs;
• bed rails; and
• infant slings.
16 CFR 1130.2. The Commission
stated that the specified statutory
categories were not exclusive, but that
the Commission should explicitly
identify the product categories that are
covered. The preamble to the 2009 final
consumer registration rule states:
‘‘Because the statute has a broad
definition of a durable infant or toddler
product but also includes 12 specific
product categories, additional items can
and should be included in the
definition, but should also be
specifically listed in the rule.’’ 74 FR
68668, 68669 (Dec. 29, 2009).
On October 19, 2016, the Commission
voted to consider crib bumpers to be
durable infant or toddler products and
directed staff to develop a notice of
proposed regulation for crib bumpers
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under section 104 of the Consumer
Product Safety Improvement Act. In this
document, the Commission proposes to
amend the definition of ‘‘durable infant
or toddler product’’ in the consumer
registration rule to clarify that crib
bumpers fall within the term ‘‘durable
infant or toddler product’’ as used in the
product registration card rule and
section 104 of the CPSIA. Crib bumpers
are intended for, and reasonably
expected to be used by, children under
age 5. They are used with cribs, a
product the CPSIA identifies as an
example of a durable infant or toddler
product. Like the other product
categories, crib bumpers are covered by
voluntary standard.
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XI. Incorporation by Reference
The Commission proposes to
incorporate by reference ASTM F1917–
12, with modifications to the standard,
discussed above. The Office of the
Federal Register (OFR) has regulations
concerning incorporation by reference. 1
CFR part 51. For a proposed rule,
agencies must discuss in the preamble
of the NPR ways that the materials the
agency proposes to incorporate by
reference are reasonably available to
interested persons or how the agency
worked to make the materials
reasonably available. In addition, the
preamble of the proposed rule must
summarize the material. 1 CFR 51.5(a).
In accordance with the OFR’s
requirements, section VI of this
preamble summarizes the provisions of
ASTM F1917–12 that the Commission
proposes to incorporate by reference.
ASTM F1917–12 is copyrighted. By
permission of ASTM, the standard can
be viewed as a read-only document
during the comment period on this NPR,
at: https://www.astm.org/cpsc.htm.
Interested persons may also purchase a
copy of ASTM F1917–12 from ASTM
International, 100 Bar Harbor Drive,
P.O. Box 0700, West Conshohocken, PA
19428; https://www.astm.org/cpsc.htm.
One may also inspect a copy at CPSC’s
Division of the Secretariat, U.S.
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814, telephone 301–
504–7923.
XII. Effective Date
The Administrative Procedure Act
(APA) generally requires that the
effective date of a rule be at least 30
days after publication of the final rule.
5 U.S.C. 553(d). The Commission
proposes to incorporate by reference
ASTM F1917–12, with modifications.
To allow time for bumper manufacturers
to bring their products into compliance
after a final rule is issued, the
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Commission proposes that the rule
would take effect 6 months after
publication of the final rule in the
Federal Register. The rule would apply
to products manufactured or imported
on or after that date. Barring evidence to
the contrary, the Commission generally
considers 6 months to be sufficient time
for suppliers to come into compliance
with a new standard. Six months is also
the period that JPMA typically allows
for products in its certification program
to shift to a new standard once that new
standard is published. CPSC invites
comments, particularly from small
businesses, regarding the amount of
time they will need to come into
compliance. We also propose a 6-month
effective date for the amendments to
parts 1112 and 1130.
XIII. Regulatory Flexibility Act
A. Introduction
Under Section 603 of the RFA, if a
notice of proposed rulemaking is
required, agencies must prepare an
initial regulatory flexibility analysis
(IRFA) and make it available to the
public for comment when the general
notice of proposed rulemaking is
published, unless the head of the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
The IRFA must describe the impact of
the proposed rule on small entities and
identify significant alternatives that
could accomplish the statutory objective
while minimizing any significant
economic impact. Specifically, the IRFA
must contain:
• A description of the reasons why
action by the agency is being
considered;
• a succinct statement of the
objectives of, and legal basis for, the
proposed rule;
• a description of and, where feasible,
an estimate of the number of small
entities to which the proposed rule will
apply;
• a description of the projected
reporting, recordkeeping, and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities subject to
the requirements and the type of
professional skills necessary for the
preparation of reports or records; and
• an identification, to the extent
possible, of all relevant federal rules
which may duplicate, overlap, or
conflict with the proposed rule.
B. Market Description
Crib bumpers range in price from $12
to $500, and also are sold in bedding
sets, which can range in price from $80
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to $1,200. Manufacturers typically
produce only a few models with
differences in color, art design, cover
material, and filling material being the
primary identifying factors. Those
products at the higher end of the price
range typically are decorated with
detailed paint or woven art.
C. Objectives and Legal Basis for
Proposed Rule
The objective of this proposed rule is
to reduce the risk of injury and death
associated with crib bumpers. CPSC
staff identified 113 fatalities from 1990
to March 2019 and 113 nonfatal
incidents from 2008 to 2019 associated
with crib bumpers.
The legal basis of the proposed rule is
Section 104 of the CPSIA, which
requires the CPSC to examine and assess
the effectiveness of any voluntary
consumer product safety standards for
durable infant or toddler products, and
promulgate consumer product safety
standards that are substantially the same
as the voluntary standards or more
stringent than the voluntary standards,
if the Commission determines that more
stringent requirements would further
reduce the risk of injury associated with
the products.
D. Crib Bumpers in Use
Based on information from the 2013
CPSC Durable Nursery Products
Exposure Survey of U.S. households
with children under 6 years old:
• An estimated 9.2 million cribs were
in use in households with young
children in 2013. This represented
about 73 percent of the estimated 12.6
million total cribs owned by households
(i.e., about 3.4 million cribs were
owned, but not in use).
• Among the 9.2 million cribs in use,
an estimated 5.3 million were equipped
with bumpers. This represents about 55
percent of the 9.9 million total bumpers
owned by households (i.e., about 4.5
million bumpers were owned, but not in
use).
In addition to the products in use in
households with young children, as
estimated from the survey, cribs and
bumpers are probably in use in some
households without young children
(e.g., unsurveyed homes of older adults
providing care for grandchildren).
Additionally, the survey did not cover
child care facilities. One childcare
industry group’s 2018 directory lists
more than 115,000 licensed childcare
centers and more than 137,000 home
daycare providers, some of which may
use cribs and bumpers. Furthermore, the
survey did not cover hotels or other
commercial lodging establishments. The
U.S. Bureau of Labor Statistics (BLS)
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reports that there are about 70,000
lodging establishments in the
accommodation industry sector, North
American Industry Classification
System (NAICS) code 721. Based on the
Commission’s contacts with childcare
and lodging facilities, bumper usage in
such establishments is probably low.
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E. Small Entities to Which the Proposed
Rule Would Apply
Manufacturers of crib bumpers are
typically categorized under the NAICS
category 314120 (Curtain and Linen
Mills) but may also fall under code
314999 (All Other Miscellaneous Textile
Product Mills). Curtain and linen mills
are considered small if they have fewer
than 750 employees; miscellaneous
textile product mills are considered
small if they have fewer than 500
employees.17 Importers of crib bumpers
are typically categorized under NAICS
code 423220 (Home Furnishing
Merchant Wholesalers) and would be
considered small if they have fewer than
100 employees.
Aside from small handcrafters selling
products on electronic commerce
websites, staff identified 46
manufacturers, distributors and
importers. A total of 33 of these 46 firms
meet the SBA criteria for small
businesses.18 19 20 A majority of the 46
firms have under 25 employees with 8
firms meeting the criteria of a large firm.
Most of the firms are domestic
manufacturers (28), with domestic
importers (7) and domestic distributors
(6) accounting for a small minority. The
lowest annual revenue among the 46
manufacturers, distributors, and
importers was $135,000.
A large number of producers supply
crib bumpers to the U.S. market via
electronic commerce websites such as
Etsy. CPSC staff has identified 174 of
these firms of which 86 are
importers.21 22 CPSC staff considered
these firms as small manufacturers/
importers because many are one-person
firms providing handcrafted nursery
products with large varieties in
materials and designs. These firms
would be considered small by SBA size
17 The size guidelines are established by the U.S.
Small Business Administration (SBA).
18 Based on size and revenue data from Reference
USA and firm financial reports, websites, and press
releases.
19 The Commission could not determine the
status of five firms, but they are most likely small.
20 Eleven of the forty-six firms identified supply
mesh liner or similar mesh type products.
21 Based on a review of electronic commerce
websites that specialize in handmade products.
22 Approximately 90 percent of these small
handcrafters provide traditional crib bumpers with
mesh liner handcrafters accounting for only 4.6
percent.
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standards. The revenues for 81 of the
small importers is most likely below
$25,000 based estimates from the
Nonemployer Statistics from the U.S.
Bureau of the Census. Of the five
remaining small importers, one has
annual revenue between $25,000 and
$250,000 and the revenue of the other
four is between $250,000 and $500,000.
F. Requirements of the Proposed Rule
The proposed rule would incorporate
by reference ASTM F1917–12 with
modifications that CPSC believes may
further reduce the risk of injury. The
proposed rule would also make some
changes to the definitions and
terminology used in the standard to
better clarify the requirements. If
promulgated by the Commission, the
proposed rule would, among other
things:
• Establish a crib bumper firmness
test that is partly adopted from the
Australian/New Zealand Standard (AS/
NZS 8811.1) for testing infant products.
The test involves using a test fixture to
measure firmness of the crib bumper at
multiple points along its length.
• Establish maximum lengths for the
attachments means and decorative
components on bumper pads;
• Establish that the requirements for
the length of attachment means and
decorative components shall apply both
before and after testing;
• Prohibit the use of monofilament
thread;
• Establish a minimum thickness for
accessible, unsupported vinyl material;
• Establish a test for limiting the
maximum thickness of all crib bumpers;
• Establish a crib bumper airflow
requirement and test method;
• Establish minimum strength
requirements for attachment means and
decorative components;
• Establish a strength requirement for
bumper seams;
• Require crib bumpers to have labels
identifying the manufacturer,
distributor, or seller;
• Establish requirements for
appropriate warning labels on crib
bumpers;
• Establish requirements for the
permanence of the warning labels;
• Require instructional literature to
be provided with crib bumpers detailing
the proper installation methods and the
hazards associated with the crib
bumpers;
• Establish a test to ensure the
bumper remains securely attached to the
crib side. The test involves inserting a
probe between the crib bumper and the
crib slat.
In addition to the requirements
outlined above, the proposed rule
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would modify or clarify some of the
terms and definitions used in ASTM
F1917–12. For example, the proposed
rule would consistently refer to ‘‘crib
bumpers/liners’’ and not ‘‘bumper
pads,’’ ‘‘bumper guards,’’ and similar
terms that are sometimes used in ASTM
F1917– 2. The proposed rule would also
clarify the definitions of terms such as
‘‘crib bumper/liner,’’ and
‘‘conspicuous.’’
G. Impact of Proposed Rule on Small
Manufacturers
If the proposal is finalized,
manufacturers and importers of crib
bumpers would be responsible for
ensuring that their products comply
with the rule. If their crib bumpers do
not comply with the requirements, the
manufacturers or importers will need to
either modify the products or cease their
manufacture or importation.
Additionally, as required by section 14
of the CPSIA and its implementing
regulations, manufacturers and
importers of crib bumpers would be
required to certify that their crib
bumpers comply with the requirements
of the proposed rule based on the results
of third party testing by an accredited
conformity assessment body.
In 2018, CPSC collected a sample of
crib bumpers to test them for
compliance with the proposed rule.
Although not a probability sample,
CPSC tried to collect a wide variety of
crib bumpers that included most types
of crib bumpers that are available in the
market place, including crib bumpers
from the very small manufacturers or
hand crafters. Although most of these
crib bumpers would comply with many
of the provisions of the proposed rule,
the testing found that most models (7
out of 11 models tested) would not pass
the proposed firmness test.
Additionally, many models would need
to modify their warning labels’ content,
placement, and formatting to comply
with the proposed rule. An air flow
requirement that differentiates mesh
liners from padded crib bumpers could
effectively result in removing most
padded crib bumpers from the market.
The total size of the impact is
dependent on the padded crib bumper
product(s) share of revenue or consumer
preferences. Staff identified one firm
whose sole product is a crib bumper but
it is unclear if this product would meet
an air flow requirement due to its
design. Some manufacturers of padded
crib bumpers may be able to remove the
padding or change the design of their
products to meet the requirement.
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H. Costs Associated With Modifying
Products To Comply With the Proposed
Rule
Modifying most types of crib bumper
designs to conform to the firmness
requirement could be as simple as
removing some of the filling material
used in the bumper pad or using
additional stitching to compact the
loose fill material. The cost of making
such modifications should not be
significant. However, the braided type
of crib bumper would likely fail the
firmness requirement because the
results depended upon where on the
product it was tested. It is unclear if
braided bumpers could be modified to
meet this requirement. Moreover, the
braided crib bumpers CPSC examined
did not have any means by which they
could be attached to the crib, which is
also a requirement of the proposed
rule.23 This implies that the proposed
rule may result in the removal of
braided crib bumpers from commerce.
All firms identified as supplying
braided bumpers are importers and not
domestic manufacturers and represent
approximately 6 percent of the
identified importers.24 An airflow
requirement that differentiates mesh
liners from padded crib bumpers could
effectively result in removing most
padded crib bumpers from the market.
Some manufacturers of padded crib
bumpers may be able to remove the
padding or change the design of their
products to meet the requirement.
Generally, the costs associated with
providing instructional materials are
low on a per unit basis. Many firms
already provide instructions with their
products, but they may have to change
the content or formatting of the
instructions to comply. Likewise, the
cost of warning labels are generally low,
especially if some warning labels are
already present and the product itself
does not have to be modified to
accommodate new labels.
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I. Third Party Testing Costs
The proposed rule would require all
manufacturers and importers of crib
bumpers to meet third party testing
requirements under section 14 of the
CPSA and 16 CFR part 1107.25 The
Commission estimates that testing costs
23 Some braided crib bumper manufacturers have
begun modifying their product to include a means
to attach the product to the side of a crib as of May
2019.
24 Currently total annual revenue and unit sales
of braided bumpers is unknown but total annual
revenue is expected to be under $150,000 as
braided bumper importers appear to be firms with
1 to 2 employees.
25 Third party testing will include any physical
and mechanical test requirements specified in the
final crib bumper rule.
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associated with testing to ASTM F1917–
12 would be between $750 and $1,250
per sample tested.26 As the average
number of crib bumper models per firm
is two, this equates to a cost of at least
$1,500 to $2,500 per firm, if no more
than one sample per model to provide
the required ‘‘high degree of assurance’’
that the model complies with the
requirements. Under 16 CFR part 1107,
manufacturers and importers will need
to recertify their crib bumpers at least
annually, unless the firm has also
established a formal reasonable testing
program, in which case they will have
to recertify their crib bumpers at least
every two years. Currently 21 of 207
small crib bumper manufacturers and
importers are members of the JPMA, but
it is unclear if any crib bumpers are
certified to ASTM F1917–12. However,
some of these firms produce other
products that are already subject to
other children’s product safety rules
and, therefore, familiar with these
requirements. Many of the small firms
that are not members of JPMA or that do
not produce other products subject to
children’s product safety rules may be
unfamiliar with the third party testing
requirements.
As noted, for a typical manufacturer
or importer with two crib bumper
models, the cost of third party testing
will be at least $1,500 to $2,500 to test
and certify both models and this cost
will be incurred at least once every
other year. Generally, we consider
impacts that exceed one percent of
revenue to be potentially significant. As
discussed above there are a substantial
number of very small firms that either
hand craft or import crib bumpers that
are often sold through websites, such as
Etsy.com, and more than three quarters
of these very small firms are estimated
to have annual revenues of less than
$25,000. Even if these firms needed to
test only one sample of each crib
bumper to obtain the ‘‘high degree
assurance’’ that the product would meet
all the requirements of the rule, the cost
of the third party testing would be at
least 5 percent of one year’s revenue and
possibly more if their revenue was
much less than $25,000. This impact
would be significant. Many of these
firms could be expected to stop
supplying crib bumpers to the U.S.
market because they are not able to
increase their prices to cover the testing
costs.
The cost of the third party testing
associated with the proposed rule could
also be significant for small firms that
26 Based
on quotes from testing laboratories that
currently test children’s products to ASTM
standards.
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are not among the very small firms
discussed above. CPSC identified 13
small manufacturers and one importer
of crib bumpers that have annual
revenues between $25,000 and
$250,000. If the third party testing costs
are between $1,500 and 2,500, the cost
could exceed one percent of the annual
revenue of several of these firms as well
and could be considered significant.
J. Summary of Impact on Small
Manufacturers and Importers
Because a majority of crib bumper
firms supply padded crib bumpers, the
air flow requirement could have an
impact on a substantial number of small
firms if they are unable to modify their
products.27 Staff identified a total of 207
small manufacturers and importers that
an air flow requirement could impact.
The size of the impact would depend
upon factors such as the cost to modify
the products, the importance of padded
crib bumpers to the firm in terms of
revenue, or consumer preference for a
padded crib bumper over a thin mesh
liner. Nearly all firms supplying the
U.S. market with crib bumpers also
supply other infant products including,
but not limited to crib mattresses, crib
sheets, and blankets.28 CPSC expects
that most crib bumpers currently on the
market would comply with the other
requirements of the proposed rule or
could comply with minimal cost and
effort by making modifications, such as
modifying the language in the
instructional material that already
comes with the products, removing
loose fill material and or using
additional stitching. However, braided
bumpers would likely fail the test
requirements in the proposed rule and
would be removed from the market.
This could significantly impact the
firms that supply braided crib bumpers.
As noted above, the cost of the third
party testing that manufacturers and
importers would require in order to
certify compliance with the rule could
be significant for a substantial number
of small firms as the third party testing
costs could easily exceed one percent of
annual revenues for many of the small
suppliers. For small handcrafter firms
that offer crib bumpers through
channels such as Etsy.com the third
party testing costs will likely exceed 5
percent of their total annual revenue.
27 Approximately 90 percent of small handcrafter
firms provide traditional padded bumpers.
28 Staff identified one firm that only produces crib
bumper products.
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K. Other Federal Rules Which May
Duplicate, Overlap, or Conflict With the
Proposed Rule
CPSC has not identified any other
federal rules that duplicate, overlap, or
conflict with the proposed rule.
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L. Alternatives Considered To Reduce
the Impact on Small Entities
1. Adopt ASTM F1917–12 Without
Modification. The Commission could
propose to incorporate by reference
ASTM F1917–12 without any
modifications and direct staff to work
with ASTM to improve warning labels,
test methods, and the firmness of crib
bumpers in a future revision of the
voluntary standard. This alternative
could reduce the impact of the rule on
small businesses, but the reduction
would not be expected to be very
significant. As discussed in the analysis
above, modifying crib bumpers to
comply with the firmness requirement
could be accomplished by reducing the
amount of filler material or by
incorporating additional stitching to
compress the material. These
modifications are not expected to be
costly. Likewise the costs to modify or
add warning labels or instructional
material are expected to be low. The
most significant impacts of the proposed
rule would be associated with the third
party testing requirements under section
14 of the CPSA and 16 CFR part 1107,
which would be required once the
proposed rule became a mandatory
children’s product safety rule. These
costs, however, would be largely
unaffected by this alternative.
2. Small Batch Exemption. Given the
number of small crib bumper
manufacturers using websites like Etsy,
exempting small batch manufacturers
from the testing requirements proposed
under the rule might seem to be an
alternative. However, under Section
14(d)(4)(C)(ii) of the CPSA, the
Commission cannot ‘‘provide any
alternative requirements or exemption’’
from third party testing for ‘‘durable
infant or toddler products,’’ as defined
in section 104(f) of the CPSIA.
Consequently, the Commission is not
proposing a small batch exemption.
3. Reduce the Frequency of Periodic
Testing for Very Small Crib Bumper
Manufacturers. The Commission could
amend 16 CFR part 1107 to reduce the
frequency of periodic testing for small
home-based businesses that produce
crib bumpers. Currently, under the
requirements of 16 CFR 1107.21, these
firms need to conduct periodic third
party tests every year, or, if they have
a formal production testing plan, every
2 years. The testing costs associated
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with third party periodic testing could
be substantially reduced if the
Commission amended existing
regulations to allow small home-based
producers of crib bumpers to conduct
periodic testing less frequently. One
alternative for manufacturers with
established production testing plans,
would be to require third party periodic
testing only after a certain number of
units of a product (to be determined at
a later time) had been produced, even if
it meant that periodic third party tests
would be conducted less frequently
than every 2 years. The details of this
alternative would be determined by the
Commission; it might apply to all
nursery products, or it might be limited
to crib bumpers. However, all homebased firms would still be required to:
(1) Produce conforming products; (2)
conduct the initial certification tests (16
CFR 1107.20); (3) re-certify whenever
there is a material change to the product
(16 CFR 1107.23); and (4) implement a
production testing plan and conduct on
going production tests (16 CFR
1107.21(c)).
4. Delay the Effective Date of the
Requirements. Typically, the
Commission recommends an effective
date of 6 months for durable nursery
product rules. Six months is generally
considered sufficient time for suppliers
to come into compliance with a
proposed durable infant and toddler
product rule, unless there are specific
reasons for a longer effective date. One
alternative that could reduce the impact
on small firms would be to set an
effective date of 12 months. A later
effective date could mitigate the effects
of the rule on small businesses by
delaying the need to conduct third party
certification tests and allowing the
businesses to spread the costs of
bringing their crib bumpers into
conformance over a longer period of
time. For businesses that would choose
to exit the crib bumper market (rather
than produce conforming products),
such a delay might also provide them
with more time to adjust marketing
towards other product offerings, sell
inventory or consider alternative
business opportunities.
5. Not Issue a Mandatory Standard.
Another option available to the
Commission that would reduce the
burden on small firms is to not adopt a
mandatory standard for crib bumpers.
This would eliminate the cost impacts
described in the previous sections,
including those associated with third
party testing, and allow the small
handcrafter firms to continue
operations.
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M. Impacts of Test Laboratory
Accreditation Requirements on Small
Laboratories
In accordance with section 14 of the
CPSA, all children’s products that are
subject to a children’s product safety
rule must be tested by a third party
conformity assessment body that has
been accredited by CPSC. These third
party conformity assessment bodies test
products for compliance with applicable
children’s product safety rules. Testing
laboratories that want to conduct this
testing must meet the NOR for third
party conformity testing. CPSC has
codified NORs in 16 CFR part 1112. The
Commission proposes to amend 16 CFR
part 1112 to establish an NOR for testing
laboratories to test for compliance with
the proposed crib bumper standard.
This section assesses the impact a
proposed amendment would have on
small laboratories.
CPSC conducted a final regulatory
flexibility analysis (FRFA) when it
adopted part 1112. 78 FR 15836 (Mar.
12, 2013). The FRFA concluded that the
accreditation requirements would not
have a significant adverse impact on a
substantial number of small laboratories
because no requirements were imposed
on laboratories that did not intend to
provide third party testing services. The
only laboratories CPSC expects to
provide such services are laboratories
that anticipated receiving sufficient
revenue from the mandated testing to
justify accepting the requirements as a
business decision.
For the same reasons, including the
NOR for crib bumpers in part 1112
would not have a significant impact on
small laboratories. Moreover, CPSC
expects that only a small number of
laboratories would request accreditation
to test crib bumpers, based on the
number of laboratories that have applied
for CPSC accreditation to test other
juvenile products. Most laboratories
would already have accreditation to test
for conformance to other juvenile
product standards; accordingly, the only
cost would be to add the crib bumper
standard to their accreditation. Test
laboratories have indicated that this cost
is extremely low when they are already
accredited for other CPSIA section 104
rules. Therefore, the Commission
certifies that the NOR for the crib
bumper standard will not have a
significant impact on a substantial
number of small entities.
XIV. Environmental Considerations
The Commission’s regulations address
whether the agency must prepare an
environmental assessment or an
environmental impact statement. Under
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these regulations, certain categories of
CPSC actions normally have ‘‘little or no
potential for affecting the human
environment,’’ and therefore, do not
require an environmental assessment or
an environmental impact statement.
Safety standards providing requirements
for products come under this categorical
exclusion. 16 CFR 1021.5(c)(1). The
proposed rule falls within the
categorical exclusion.
XV. Paperwork Reduction Act
This proposed rule contains
information collection requirements that
are subject to public comment and
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521). In this document, pursuant to 44
U.S.C. 3507(a)(1)(D), we set forth:
D A title for the collection of
information;
D a summary of the collection of
information;
D a brief description of the need for the
information and the proposed use of
the information;
D a description of the likely respondents
and proposed frequency of response
to the collection of information;
D an estimate of the burden that shall
result from the collection of
information; and
D notice that comments may be
submitted to the OMB.
Title: Safety Standard for Crib
Bumpers/Liners.
Description: The proposed rule would
require crib bumpers/liners to comply
with ASTM F1917–12, Standard
Consumer Safety Performance
Specification for Infant Bedding and
Related Accessories, with several
modifications, including modifications
to their existing labels and new
requirements for the provision of
instructional literature. Section 8 of
ASTM F1917–12 contains requirements
for marking and labeling. Proposed
section 9 contains requirements for
instructional literature. These
requirements fall within the definition
of ‘‘collection of information,’’ as
defined in 44 U.S.C. 3502(3).
Description of Respondents: Persons
who manufacture or import crib
bumpers/liners.
Estimated Burden: We estimate the
burden of this collection of information
as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN
Number of
respondents
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Burden type
Frequency of
responses
Total annual
responses
Hours per
response
Total
burden hours
Labeling ................................................................................
Instructional literature ...........................................................
220
220
2
2
440
8,800
1
20
440
8,800
Total Burden .................................................................
........................
........................
........................
........................
9,240
Our estimate is based on the
following:
There are 220 known entities
supplying crib bumpers/liners to the
U.S. market. All 220 firms are assumed
to use labels already on both their
products and their packaging, but the
firms might need to make some
modifications to their existing labels.
The estimated time required to make
these modifications is about 1 hour per
model. Each entity supplies an average
of two different models of crib bumper/
liner; therefore, the estimated burden
associated with labels is 1 hour per
model × 220 entities × 2 models per
entity = 440 hours. We estimate the
hourly compensation for the time
required to create and update labels is
$34.61 (U.S. Bureau of Labor Statistics,
‘‘Employer Costs for Employee
Compensation,’’ March 2019, total
compensation for all sales and office
workers in goods-producing private
industries, series id
CMU201G000200000D: https://
www.bls.gov/ncs/). Therefore, the
estimated annual cost to industry
associated with the labeling
requirements is $15,228.20 ($34.61 per
hour × 440 hours = $15,228.20). There
are no operating, maintenance, or
capital costs associated with the
collection. The proposed rule would
require instructions to be supplied with
the product. Under the OMB’s
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regulations (5 CFR 1320.3(b)(2)), the
time, effort, and financial resources
necessary to comply with a collection of
information that would be incurred by
persons in the ‘‘normal course of their
activities’’ are excluded from a burden
estimate, where an agency demonstrates
that the disclosure activities required to
comply are ‘‘usual and customary.’’ Crib
bumpers/liners require installation on
an existing crib, which implies
instructions for proper use, fit, position
on a crib, and cleaning are necessary.
Many of the firms already provide some
instructional material, but some
modifications to existing material may
be necessary, and other firms supply
little to no instructional information.
Therefore, we have assumed that there
will be a burden to all firms of
modifying/creating instructional
literature in this case. Each entity
supplies an average of two different
models of crib bumper/liner; therefore,
the estimated burden associated with
instructional literature is 20 hour per
model × 220 entities × 2 models per
entity = 8,800 hours. We estimate the
hourly compensation for the time
required to create and update
instructional material is $34.61 (U.S.
Bureau of Labor Statistics, ‘‘Employer
Costs for Employee Compensation,’’
March 2019, total compensation for all
sales and office workers in goodsproducing private industries, series id
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CMU201G000200000D: https://
www.bls.gov/ncs/). Therefore, the
estimated annual cost to industry
associated with the instructional
material requirements is $304,568
($34.61 per hour × 8,800 hours =
$304,568). There are no operating,
maintenance, or capital costs associated
with the collection. Not all firms would
incur these costs every year, but new
firms that enter the market would and
the market may be highly fluctuating,
particularly for small handcrafters.
Based on this analysis, the proposed
standard for crib bumpers/liners would
impose a burden to industry of 9,240
hours, at an estimated cost of
$319,796.40 annually.
In compliance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted the
information collection requirements of
this rule to the OMB for review.
Interested persons are requested to
submit comments regarding information
collection by May 4, 2020, to the Office
of Information and Regulatory Affairs,
OMB (see the ADDRESSES section at the
beginning of this document).
Pursuant to 44 U.S.C. 3506(c)(2)(A),
we invite comments on:
D The estimated burden hours required
to modify warning labels;
D the estimated burden hours required
to modify instruction manuals;
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D whether the collection of information
is necessary for the proper
performance of the CPSC’s functions,
including whether the information
will have practical utility;
D the accuracy of the CPSC’s estimate of
the burden of the proposed collection
of information, including the validity
of the methodology and assumptions
used;
D ways to enhance the quality, utility,
and clarity of the information to be
collected;
D ways to reduce the burden of the
collection of information on
respondents, including the use of
automated collection techniques,
when appropriate, and other forms of
information technology.
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XVI. Preemption
Section 26(a) of the CPSA, 15 U.S.C.
2075(a), provides that when a consumer
product safety standard is in effect and
applies to a product, no state or political
subdivision of a state may either
establish or continue in effect a standard
or regulation that prescribes
requirements for the performance,
composition, contents, design, finish,
construction, packaging, or labeling of
such product dealing with the same risk
of injury unless the state requirement is
identical to the federal standard.
Regulations or laws lacking performance
or design requirements enacted by a
state or a political subdivision of a state
are not subject to this section. Section
26(c) of the CPSA also provides that
states or political subdivisions of states
may apply to the Commission for an
exemption from this preemption under
certain circumstances. Section 104(b) of
the CPSIA refers to the rules to be
issued under that section as ‘‘consumer
product safety rules.’’ Therefore, the
preemption provision of section 26(a) of
the CPSA would apply to a rule issued
under section 104.
XVII. Request for Comments
This NPR begins a rulemaking
proceeding under section 104(b) of the
CPSIA to issue a consumer product
safety standard for crib bumpers, to
amend part 1112 to add crib bumpers to
the list of children’s product safety rules
for which the CPSC has issued an NOR,
and to amend part 1130 to identify crib
bumpers as a durable infant or toddler
product subject to CPSC consumer
registration requirements. We invite all
interested persons to submit comments
on any aspect of this proposal. In
addition to requests for specific
comments elsewhere in this NPR, the
Commission requests comments on the
proposed effective date, and the costs of
compliance with, and testing to, the
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proposed crib bumper safety standard.
Furthermore, the Commission invites
comments on the following:
1. Is the 2 inch maximum thickness
requirement and the related test method
sufficient?
2. With regard to the firmness
requirements and related test methods:
Potential facial conformity test devices
and methods, such as mechanical test
surrogates; recommendations for a more
anthropomorphic test method; the
repeatability of the proposed firmness
test; the validity of the proposed
firmness requirements and related test
methods.
3. Is an airflow performance
requirement based on the airflow
characteristics of typical mesh bumpers
protective enough to eliminate the risks
of suffocation against a crib bumper?
4. What further modifications to the
British air flow test method (BS
4568:1970) would enhance the
repeatability and validity of the airflow
test requirement for crib bumpers?
5. Is there an alternative test method,
such as ASTM D737–18, Standard Test
Method for Air Permeability of Textile
Fabrics, that can be correlated with
results from the British Standard, as
modified, and would adoption of this
alternative test method offer benefits?
6. If the Commission adopts an
airflow performance requirement, what
effect will this have on the need for the
proposed thickness and firmness tests
and will the proposed warnings and
instructions need to be modified?
7. Is there evidence that demonstrates
that climb-out rates are higher when
crib bumpers or mesh liners are
installed in a crib, and should the
Commission require the new warnings
about removal of the product and
climbing out?
8. Does having an airflow
performance requirement for crib
bumpers adversely affect public
education about safe sleep best
practices?
9. Is there any research into air
permeability, breathability, infants’
oxygen and carbon dioxide levels,
rebreathing, anatomical features, airway
openings, respiratory rates and volumes,
anthropometry of facial features such as
nasal deformation against crib bumpers,
effects of exhaled moisture and saliva
on the air permeability of fabric and
mesh bumpers, patterns of gas dispersal
within a crib, or other related topics that
the Commission should consider?
10. Are there reports of incidents or
injuries associated with vertical
bumpers? What is the recommended
user population, market size and
expected, useful lifespan of vertical
bumpers? What design characteristics of
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18893
vertical bumpers are critical for safety,
such as shape, thickness, fill materials,
and attachment means? Are there any
requirements in this proposal from
which vertical bumpers should be
exempt and why? Are there any test
methods that need to be modified for
testing vertical bumpers?
11. A central purpose of the
Consumer Product Safety Act is ‘‘to
develop uniform safety standards for
consumer products and to minimize
conflicting State and local regulations.’’
See 15 U.S.C. 2051(b)(3). Given this
mandate, what should the preemptive
effect of any regulation promulgated
under this rulemaking be?
12. Should the Commission consider
an effective date of 12 months for any
regulation promulgated under this
rulemaking?
13. Should CPSC consider any other
alternatives to reduce the impact on
small entities?
14. On October 19, 2016, the
Commission voted to initiate
rulemaking under section 104 of the
Consumer Product Safety Improvement
Act (CPSIA) to address the risk of injury
or death associated with the use of crib
bumpers. Do crib bumpers and liners
meet the definition of ‘‘durable
product’’? What are the anticipated legal
challenges to pursuing rulemaking
under this authority?
15. Many outside groups have
advocated for an outright ban of crib
bumpers and liners. Does CPSC have
jurisdiction under Section 104 to ban
this product category? If not, may CPSC
promulgate a rule declaring such
products a banned hazardous product
under Section 8 of the CPSIA, 15 U.S.C.
2057?
During the comment period, the
ASTM F1917–12 Standard Consumer
Safety Performance Specification for
Infant Bedding and Related Accessories,
is available as a read-only document at:
https://www.astm.org/cpsc.htm.
Comments should be submitted in
accordance with the instructions in the
ADDRESSES section at the beginning of
this document.
List of Subjects
16 CFR Part 1112
Administrative practice and
procedure, Audit, Consumer protection,
Reporting and recordkeeping
requirements, Third party conformity
assessment body.
16 CFR Part 1130
Administrative practice and
procedure, Business and industry,
Consumer protection, Reporting and
recordkeeping requirements.
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16 CFR Part 1240
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
and Toys.
For the reasons discussed in the
preamble, the Commission proposes to
amend 16 CFR Chapter II as follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. The authority citation for part 1112
continues to read as follows:
■
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
2. Amend § 1112.15 by adding
paragraph (b)(50) to read as follows:
■
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
or test method?
*
*
*
*
*
(b) * * *
(50) 16 CFR part 1240, Safety
Standard for Crib Bumpers/Liners.
*
*
*
*
*
PART 1130—REQUIREMENTS FOR
CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER
PRODUCTS
3. The authority citation for part 1130
continues to read as follows:
■
Authority: 15 U.S.C. 2056a, 2065(b).
4. Amend § 1130.2 by adding
paragraph (a)(18) to read as follows:
■
§ 1130.2
Definitions.
*
*
*
*
*
(a) * * *
(18) Crib bumpers/liners.
*
*
*
*
*
■ 5. Add part 1240 to read as follows:
PART 1240—SAFETY STANDARD FOR
CRIB BUMPERS/LINERS
Sec.
1240.1 Scope.
1240.2 Requirements for crib bumpers/
liners.
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (August 14, 2008); Sec. 3, Pub. L.
112–28, 125 Stat. 273 (August 12, 2011).
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§ 1240.1
Scope.
This part establishes a consumer
product safety standard for crib
bumpers/liners.
§ 1240.2
liners.
Requirements for crib bumpers/
(a) Except as provided in paragraph
(b) of this section, each crib bumper/
liner must comply with all applicable
provisions of ASTM F1917–12,
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Standard Consumer Safety Performance
Specification for Infant Bedding and
Related Accessories, approved on July 1,
2012. The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy from ASTM International,
100 Bar Harbor Drive, P.O. Box 0700,
West Conshohocken, PA 19428; https://
www.astm.org/cpsc.htm. You may
inspect a copy at the Division of the
Secretariat, U.S. Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814, telephone 301–504–7923, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, email, fedreg.legal@
nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(b) Comply with ASTM F1917–12
with the following additions or
exclusions:
(1) Instead of complying with section
3.1.1 of ASTM F1917–12, comply with
the following:
(i) 3.1.1 attachment means. n—
flexible ribbons, strings, hook and loop
straps, ties, and similar devices attached
to a crib bumper/liner for the purpose
of attaching to a crib.
(ii) [Reserved]
(2) Instead of complying with section
3.1.4 of ASTM F1917–12, comply with
the following:
(i) 3.1.4 infant bedding and related
accessories, n—includes the following
items intended for use in a nursery:
Fitted sheets, blankets, dust ruffles,
covers and drapes for canopies, pillows,
mattress covers, diaper stackers, fabric
wall hangings, crib bumpers/liners, and
comforters.
(ii) Reserved
(3) In addition to complying with
section 3.1.6 of ASTM F1917–12,
comply with the following:
(i) 3.1.7 conspicuous, adj—visible,
when the product is in all
manufacturer’s recommended use
positions, to a person standing near the
product at any one position around the
product, but not necessarily visible from
all positions.
(ii) 3.1.8 crib bumper/liner, n—any
product intended to be placed against
any portion of the interior perimeter of
a crib, and that reduces or eliminates an
infant’s access to the crib sides, slats,
spindles, or the spaces between these
components.
(iii) 3.1.8.1 Discussion—Such
products are commonly referred to as
crib bumpers, crib liners, mesh liners,
bumper pads, bumper guards, and
headboard panels, but do not include
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products intended to cover only the top
horizontal rail of a crib.
(4) Instead of complying with section
5.1 of ASTM F1917–12, comply with
the following:
(i) 5.1 Attachment means on crib
bumpers/liners shall not exceed 9.0 in.
(230 mm) both before and after 7.4.1
testing when measured in accordance
with 7.1.
(ii) [Reserved]
(5) Instead of complying with section
5.2 of ASTM F1917–12, comply with
the following:
(i) 5.2 Decorative components as
defined in 3.1.2 shall not exceed 7 in.
(180 mm) when measured in accordance
with 7.1. If any decorative components
can tangle to form a loop, then the
perimeter of the loop shall not exceed
14 in. (360 mm) when tested in
accordance with 7.1. These
requirements shall apply both before
and after 7.4.3 testing.
(ii) [Reserved]
(6) Instead of complying with section
5.4 of ASTM F1917–12, comply with
the following:
(i) 5.4 Labeling—Warning labels
(whether paper or non-paper) shall be
permanent when tested in accordance
with 7.5.
(ii) 5.4.1 Warning statements applied
directly onto the surface of the product
by hot stamping, heat transfer, printing,
wood burning, and so forth shall be
permanent when tested in accordance
with 7.6.
(iii) 5.4.2 Non-paper labels shall not
liberate small parts when tested in
accordance with 7.6.
(iv) 5.4.3 Crib bumper/liner warning
labels that are attached to the fabric
with seams shall remain in contact with
the fabric around the entire perimeter of
the label, when the product is in all
manufacturer-recommended use
positions, when tested in accordance
with 7.5.3.
(7) Instead of complying with section
6.2 of ASTM F1917–12, comply with
the following:
(i) 6.2 Maximum Crib Bumper/Liner
Thickness—For all crib bumpers/liners,
each bumper/liner section shall slide
through the crib bumper/liner thickness
test fixture (see Fig. 1) over its entire
length at a rate no less than 0.5 inch per
second when tested in accordance with
7.3. The bumper shall be tested in its
pre-washed state and also after three
wash/dry cycles performed according to
the manufacturer’s care instructions.
(ii) Note: Test fixture shall be
fabricated from aluminum and have a
smooth finish. The test fixture slot and
fillet finish shall be 1.6 Ra.
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bumper/liner. Partial detachment or
tearing is allowed.
(iii) 6.3.2 Seams—Following the
testing specified in 7.4.2, no seam shall
have an opening that allows a 0.22-inch
diameter steel rod to enter.
(iv) 6.3.3 Decorative Components—
Following the testing specified in 7.4.3
the decorative component shall not fully
detach from the crib bumper/liner.
Partial detachment or tearing is allowed.
(v) 6.4 Crib Bumper/Liner Firmness—
For crib bumpers/liners with an
installed thickness of 0.59 in. (15 mm)
or greater, no part of the bumper shall
contact the feeler arm of the firmness
test fixture (see Fig. 2), when tested in
accordance with 7.7.
(vi) 6.5 Crib Bumper/Liner
Entrapment in Openings—When tested
in accordance with the head probe test
specified in 7.8, no opening shall allow
passage of the small head test probe
(Fig. 3). Passage is defined as admitting
the base of the probe.
EP03AP20.009
(8) Instead of complying with section
6.3 of ASTM F1917–12, comply with
the following:
(i) 6.3 Strength of Crib Bumper/Liner
Attachments and Seams
(ii) 6.3.1 Attachment Means—
Following the testing specified in 7.4.1,
the attachment means for a crib bumper/
liner shall not fully detach from the crib
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(vii) 6.6 Crib Bumper/Liner Airflow—
When tested in accordance with the
airflow test specified in 7.9, no crib
bumper/liner shall measure a pressure
differential of greater than 0.003 inches
(0.076 mm) H2O.
(9) Instead of complying with section
7.3 of ASTM F1917–12, including Note
1, comply with the following:
(i) 7.3 Crib Bumper/Liner Thickness
Test—Align the crib bumper/liner
thickness test fixture so that the surface
of the fixture with the opening is
horizontal. Insert a bumper end into the
opening so that the bumper end
protrudes just beyond the lower surface
of the test fixture and attach a 5-lb static
weight to the midpoint of the protruding
bumper end. Keeping the bumper
positioned vertically, allow the weight
to slowly draw the bumper through the
opening.
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Note 1 to paragraph (b)(9)(i). If the
attachment means or other localized means
provided to secure the bumper to the crib
interfere with the bumper sliding through the
bumper thickness test fixture, ease the ties or
other attachment means through the fixture
and then continue the test.
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(10) Instead of complying with section
7.4 of ASTM F1917–12, including Note
2, comply with the following:
(i) 7.4 Crib Bumper/Liner Strength
Tests—Tensile tests of attachment
means, decorative components, and
seams shall be conducted using clamps
as described in 7.4.1, 7.4.2, 7.4.3. The
force in each test shall be applied
evenly within a period of 5 s, and
maintained for additional 10 s. The
loading device shall be a self-indicating
gauge or other appropriate means
having an accuracy of +/¥0.5 lb (+/¥2
N).
(ii) 7.4.1 Attachment Means
Strength—Apply a tensile force of 20 lb
on the bumper attachment means by
clamping the free end in a
perpendicular direction away from the
attachment point to the bumper.
(iii) 7.4.1.1 Attachment means that
share a common attachment point shall
be tested together, as if one attachment
means.
Note 2 to paragraph (b)(10)(iii). There is no
single clamp or method of attachment
specified for the crib bumper/liner
attachment means strength test. Any suitable
means may be used to apply the force
specified in 7.4.1.
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(iv) 7.4.2 Seams Strength—Apply a
tensile force of 20 lb in a direction most
likely to pull the seam apart. The
clamps used to grip the material on
either side of the seam to be tested shall
have jaws to which are attached 3⁄4-in.
(19-mm) diameter washers (see Fig. 4).
The clamps shall be attached to the
cover material of a completely
assembled crib liner in a manner such
that the outside diameter of the 3⁄4-in.
(19-mm) washers at a point nearest the
seam shall be close to, but no closer
than 1⁄2 in. (13 mm) from the edge of the
seam stitching thread.
(v) 7.4.3 Decorative Components,
Attachment Strength—Apply a tensile
force of 20 lb on the decorative
component in a perpendicular direction
away from the attachment point of the
decorative component to the crib liner.
With the crib liner held in a convenient
position, an appropriate clamp shall be
attached to the decorative component.
The clamp shall be applied in a manner
that will not affect the structural
integrity of the attachment between the
decorative component and the crib
bumper/liner.
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(xii) 7.6.1. Apply the tape test defined
in Test Methods D3359, Test Method
B—Cross-Cut Tape Test of Test
Methods, eliminating parallel cuts.
(xiii) 7.6.2. Perform this test once in
each different location where warnings
are applied.
(xiv) 7.6.3. The warning statements
will be considered permanent if the
printing in the area tested is still legible
and attached after being subjected to
this test.
(xv) 7.6.4. A non-paper label, during
an attempt to remove it without the aid
of tools or solvents, shall not fit entirely
within the small parts cylinder defined
in 16 CFR part 1501 if it can be
removed.
(xvi) 7.7. Crib Bumper/Liner Firmness
Test—Select one side of the crib
bumper/liner. All marks described in
this section shall be made at midbumper/liner height. For each crib
bumper/liner intended for a short side
of a crib, or segments of a crib bumper/
liner intended for a short side of a crib,
mark two points along the bumper/liner
length: One at 1⁄3 of the total length, and
one at 2⁄3 of the total length (see Figure
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5). For each crib bumper/liner intended
for a long side of a crib, or segments of
a crib bumper/liner intended for a long
side of a crib, mark three points along
the bumper/liner length: 1⁄4, 1⁄2, and 3⁄4
of the total length (see Figure 5). There
will be 10 marks in total for a single
continuous bumper/liner intended to
cover all four sides of a standard fullsize rectangular crib. For each crib
bumper/liner intended for a circular
crib, divide the total bumper/liner
length into 10 equal segments and mark
the centroid of each segment. For crib
bumpers/liners no wider than 8 inches
(203 mm), with the long axis intended
to be installed vertically on the crib
side, mark the centroid of the bumper/
liner (see Figure 5). Place the center of
the firmness test fixture (Figure 2) on
each mark with the feeler arm oriented
in a way that is most likely to contact
the bumper/liner surface when the
fixture is set down, such as over a plush
construction. The firmness test fixture
may be rotated such that the feeler arm
is in any orientation that is completely
over the crib bumper/liner.
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(vi) 7.5 Permanency of Labels and
Warnings:
(vii) 7.5.1. A paper label (excluding
labels attached by a seam) shall be
considered permanent if, during an
attempt to remove it without the aid of
tools or solvents, it cannot be removed,
it tears into pieces upon removal, or
such action damages the surface to
which it is attached.
(viii) 7.5.2. A non-paper label
(excluding labels attached by a seam)
shall be considered permanent if, during
an attempt to remove it without the aid
of tools or solvents, it cannot be
removed or such action damages the
surface to which it is attached.
(ix) 7.5.3. A warning label attached by
a seam shall be considered permanent if
it does not detach when subjected to a
15 lbf (67 N) pull force applied in any
direction most likely to cause failure
using a 0.75 in. (19 mm) diameter clamp
surface. Gradually apply the force over
5 s and maintain for an additional 10 s.
(xi) 7.6. Adhesion Test for Warnings
Applied Directly onto the Surface of the
Product.
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(xvii) 7.7.1. Test Equipment—The
Firmness Test Fixture of Figure 2 shall
be constructed with the following
components:
(xviii) 7.7.1.1. A Bottom Disk with a
diameter of 203 mm (7.99 in.), thickness
of 15 mm (0.59 in.) with a bottom radius
of 1 mm (0.039 in.).
(xix) 7.7.1.2. A Feeler Arm of high
speed steel comprising a flat bar, 12 mm
(0.47 in.) wide, 0.51 mm to 0.76 mm
(0.02 to 0.03 in.) thick, with square-cut
ends that is positioned over a radial axis
of the Bottom Disk and attached to the
Bottom Disk such that the Feeler Arm
overhangs the edge of the Bottom Disk
by 40 mm (1.57 in.).
(xx) 7.7.1.3. A Level Indicator
attached to the Bottom Disk near the
Feeler Arm, without touching, and such
that it indicates level with minimum
accuracy of.11.7 mm/m (0.14 in./ft)
parallel to the feeler arm and does not
overhang the edge of the Bottom Disk in
a way that interferes with testing.
(xxi) 7.7.1.4. A Vertical Column with
Handle and Collar attached to the center
of the Bottom Disk.
(xxii) 7.7.1.5. Total mass of the
Apparatus shall be 5.2 kg (11.5 lb)
including all components and fasteners.
(xxiii) 7.7.1.6. Mass of the Bottom
Disk shall be not less than 70% of the
total mass.
(xxiv) 7.7.1.7. Vertical height of
assembled apparatus shall not exceed
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203.2 mm (8 in.) and the height of the
collar shall not exceed 50.8 mm (2 in.)
to minimize the bias to the Bottom Disk.
(xxv) 7.7.2. Test Procedure
(xxvi) 7.7.2.1. Preconditioning of
Sample—The crib bumper/liner shall be
tested in its pre-washed state and also
after three wash/dry cycles performed
according to the manufacturer’s care
instructions. The crib bumper/liner
shall be conditioned for 48 hours prior
to testing in an environment of 23 +/¥2
Celsius (73.4 +/¥3.6 Fahrenheit) and a
relative humidity of 50 +/¥5%. The
crib bumper/liner shall be fully
assembled and dry prior to testing.
(xxvii) 7.7.2.2. Shake the crib bumper/
liner to aerate and distribute any filling
materials evenly. Allow the crib
bumper/liner to settle for 5 minutes.
(xxviii) 7.7.2.3. Place the side to test
face up on a horizontal, flat, rigid
surface for testing. The crib bumper/
liner may be secured to the horizontal
surface using the attachment means in
a manner that approximates securing
the crib bumper/liner to crib rails.
(xxix) 7.7.2.4. Test each placement
marked in 7.7 by lowering the firmness
test fixture with the bottom disk
horizontal until the fixture is supported
by the crib bumper/liner. Gently adjust
the orientation of the base manually if
needed until it is horizontal while
resting. Record any contact with the
feeler gauge at each placement as a
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failure of the firmness requirement.
Repeat steps 7.7.2.2 and 7.7.2.3 if any
placement is within 457 mm (18 in.) of
a prior placement, or if 5 minutes have
elapsed since completing 7.7.2.2.
(xxx) 7.7.2.5. Repeat firmness testing
7.7.2.1 to 7.7.2.4 until all remaining
located placements have been tested or
a failure has been recorded.
(xxxi) 7.7.2.6. Repeat firmness testing
on the other side of the bumper/liner.
Testing the other side is not required for
crib bumpers/liners that cannot be
reasonably installed on the other side.
(xxxii) 7.8 Crib Bumper/Liner
Entrapment in Openings Test—Choose a
location most likely to admit the head
probe, including between the top and
bottom edges of the crib bumper/liner
and the test platforms or mattress.
Create an accessible opening by exerting
a force on the bumper/liner using an
appropriate clamping device, equal to 3lbf (13 N) and directed horizontally
away from, and perpendicular to, the
test platform. The force is be applied
gradually over a 5 s period and
maintained throughout the head probe
test. Insert the head test probe, tapered
end first, into any opening created
between the crib bumper/liner and the
test platform or mattress, and rotate the
small head test probe to the orientation
most likely to fail. Apply a force of 10
lbf (45 N) at the base of the small head
test probe in a direction that is
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perpendicular to the plane of the
opening. The force is be applied
gradually over a 5 s period and
maintained throughout the head probe
test. Repeat this test at any other
locations on the crib bumper/liner most
likely to fail.
(xxxiii) 7.8.1. Test Equipment
(xxxiv) 7.8.1.1. Head Probe—The head
probe specified in ASTM F963 (see Fig.
3) shall be used for entrapment tests.
(xxxv) 7.8.1.2. Test Platforms—
Testing shall be conducted on all test
platforms in this section. All test
platforms shall have four vertical sides,
be rectangular in plan, and have an
internal length of 52-3⁄8 +/¥5⁄8 in and
internal width of 28 +/¥5⁄8 in. Test
platforms shall have a rectangular
mattress support that supports a
standard 5-in full-size crib mattress.
Spacing between components, including
between slats, shall be 2-3⁄8 +0/¥1⁄32 in.
Each of the long and short panels shall
be rectangular in form with a top,
bottom, left, and right side rails. Top rail
shall be 26 in above a horizontal
mattress support. All spindles shall
have ends secured into top and bottom
rails. Left and right side rails shall end
into top and bottom rails. All rails shall
be 1.0 in thick. The top and bottom rail
shall have 1.5 in depth. Each long and
short panel shall form a vertical corner
between the left or right sides when
assembled. Round spindles shall be 5⁄8
in diameter. Flat spindles shall be 1-1⁄8
in wide by 3⁄8 in thick with 1⁄16 in radius
edges. Crib bumpers/liners intended for
circular cribs shall be tested on a
commercially available circular crib.
(xxxvi) 7.8.1.2.1. Test Platform A—
This test platform is composed of two
long panels with 16 round spindles each
and two short panels with eight round
spindles each.
(xxxvii) 7.8.1.2.2. Test Platform B—
This test platform is composed of one
long panel with 16 round spindles, one
solid long panel, and two short panels
with eight round spindles each.
(xxxviii) 7.8.1.2.3. Test Platform C—
This test platform is composed of two
long panels with 16 round spindles each
and two solid short panels.
(xxxix) 7.8.1.2.4. Test Platform D—
This test platform is composed of two
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long panels with 14 rectangular spindles
each and two short panels with seven
rectangular spindles each.
(xl) 7.8.1.2.5. Test Platform E—This
test platform is composed of one long
panel with 14 rectangular spindles, one
solid long panel, and two short panels
with seven rectangular spindles each.
(xli) 7.8.1.2.6. Test Platform F—This
test platform is composed of two long
panels with 14 rectangular spindles
each and two solid short panels.
(xlii) 7.9 Crib Bumper/Liner Airflow
Test—Airflow testing of each crib
bumper/liner shall be performed in
accordance with the air permeability
test method specified in the British
Standard BS 4578:1970, Specification
for Methods of test for hardness of, and
for air flow through, infants’ pillows,
with the following modifications:
(xliii) 7.9.1 The test shall be
performed on a plane rigid perforated
support that will minimally interfere
with air flow.
(xliv) 7.9.2 The flow rate shall be
adjusted to 2 L/min.
(11) Instead of complying with section
8 of ASTM F1917–12, comply with the
following:
(i) 8. Marking and Labeling
(ii) 8.1. Each product and its retail
package shall be marked or labeled
clearly and legibly to indicate the
following:
(iii) 8.1.1. The name, place of business
(city, state, and mailing address,
including zip code), and telephone
number of the manufacturer, distributor,
or seller.
(iv) 8.1.2. A code mark or other means
that identifies the date (month and year
as a minimum) of manufacture.
(v) 8.2. The marking and labeling on
the product shall be permanent.
(vi) 8.3. Any upholstery labeling
required by law shall not be used to
meet the requirements of this section.
(vii) 8.4. Crib bumpers/liners shall be
marked or labeled clearly and legibly, in
the English language at a minimum, to
identify which segments of the bumper/
liner are intended for the short and long
sides of the crib, unless the bumper/
liner is intended for a circular crib or is
less than 28 inches in length, not
including attachment means.
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(viii) 8.5. Warning Design for Product:
(ix) 8.5.1. The warnings shall be easy
to read and understand and be in the
English language at a minimum.
(x) 8.5.2. Any marking or labeling
provided in addition to those required
by this section shall not contradict or
confuse the meaning of the required
information, or be otherwise misleading
to the consumer.
(xi) 8.5.3. The warning statements
shall be conspicuous and permanent.
(xii) 8.5.4. The warnings shall
conform to ANSI Z535.4–2011,
American National Standard for Product
Safety Signs and Labels, sections 6.1–
6.4, 7.2–7.6.3, and 8.1, with the
following changes.
(xiii) 8.5.4.1. In sections 6.2.2, 7.3,
7.5, and 8.1.2 of ANSI Z535.4–2011,
replace ‘‘should’’ with ‘‘shall.’’
(xiv) 8.5.4.2. In section 7.6.3 of ANSI
Z535.4–2011, replace ‘‘should (when
feasible)’’ with ‘‘shall.’’
(xv) 8.5.4.3. Strike the word ‘‘safety’’
in ANSI Z535.4–2011 when used
immediately before a color (for example,
replace ‘‘safety white’’ with ‘‘white’’).
Note 3 to paragraph (b)(11)(xv). For
reference, ANSI Z535.1 provides a system for
specifying safety colors.
(xvi) 8.5.5. The Safety Alert Symbol
and the signal word ‘‘WARNING’’ shall
be at least 0.2 in. (5 mm) high. The
remainder of the text shall be in
characters whose uppercase shall be at
least 0.1 in. (2.5 mm) high.
Note 4 to paragraph (b)(11)(xvi). For
improved warning readability, typefaces with
large height-to-width ratios, which are
commonly identified as ‘‘condensed,’’
‘‘compressed,’’ ‘‘narrow,’’ or similar should
be avoided.
(xvii) 8.5.6. Message Panel Text
Layout:
(xviii) 8.5.6.1. The text shall be left
aligned, ragged right for all but one-line
text messages, which can be left aligned
or centered.
Note 5 to paragraph (b)(11)(xviii). Left
aligned means that the text is aligned along
the left margin, and, in the case of multiple
columns of text, along the left side of each
individual column. Please see Fig. 6 for
examples of left aligned text.
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(xix) 8.5.6.2. The text in each column
should be arranged in list or outline
format, with precautionary (hazard
avoidance) statements preceded by
bullet points. Multiple precautionary
statements shall be separated by bullet
points if paragraph formatting is used.
(xx) 8.5.7. An example in the format
described in this section is shown in
Fig. 7.
(xxi) 8.6. Warning Statements for Crib
Bumpers/Liners—Each crib bumper/
liner, or each crib bumper/liner panel if
the bumper/liner is sold as multiple
panels that can be used separately, shall
have warning statements to address the
following, at a minimum:
‘‘To reduce the risk of
SUFFOCATION:
• Keep tight against side of crib. Do
not use if product is loose or sags down
toward sleeping surface.
• Never put pillows or anything else
in crib that could trap baby against this
product.
• Only use in a crib without broken
parts or missing slats. This product will
not fix a broken crib or prevent baby
from falling out. Never use in a toddler
bed or bassinet.
To help prevent ENTANGLEMENT or
STRANGULATION, position ties to
outside of crib and secure tightly.
[Exception: If product does not include
an attachment means greater than 7
inches in length, this statement may be
omitted.]
Remove this product when baby can
pull to a stand using crib side (starting
about 6 months). Older babies can use
product to climb out of crib.’’
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Note 6 to paragraph (b)(11)(xxi). Address
means that verbiage other than what is
shown can be used as long as the meaning
is the same or information that is productspecific is presented.
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(12) Instead of complying with section
9 of ASTM F1917–12, comply with the
following:
(i) 9. Instructional Literature
(ii) 9.1. Instructions shall be provided
with the product and shall be easy to
read and understand, and shall be in the
English language at a minimum. These
instructions shall include information
on assembly, installation, maintenance,
cleaning, and use, where applicable.
(iii) 9.2. The instructions shall
include all warnings specified in 8.6,
where applicable.
(iv) 9.3. The warnings in the
instructions shall meet the requirements
specified in 8.5.4, 8.5.5 and 8.5.6,
except that sections 6.4 and 7.2–7.6.3 of
ANSI Z535.4 need not be applied.
However, the signal word and safety
alert symbol shall contrast with the
background of the signal word panel,
and the warnings shall contrast with the
background of the instructional
literature.
Note 7 to paragraph (b)(12)(iv). For
example, the signal word, safety alert symbol,
and the warnings may be black letters on a
white background, white letters on a black
background, navy blue letters on an off-white
background, or some other high-contrast
combination.
Note 8 to paragraph (b)(12)(iv). For
additional guidance on the design of
warnings for instructional literature, please
refer to ANSI Z535.6, American National
Standard: Product Safety Information in
Product Manuals, Instructions, and Other
Collateral Materials.
(v) 9.4. Any instructions provided in
addition to those required by this
section shall not contradict or confuse
the meaning of the required
information, or be otherwise misleading
to the consumer.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2020–06142 Filed 4–2–20; 8:45 am]
BILLING CODE 6355–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
jbell on DSKJLSW7X2PROD with PROPOSALS
[ET Docket No. 20–36; FCC 20–17; FRS
16585]
Unlicensed White Space Device
Operations in the Television Bands
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission proposes to revise our rules
SUMMARY:
VerDate Sep<11>2014
16:21 Apr 02, 2020
Jkt 250001
to provide additional opportunities for
unlicensed white space devices
operating in the broadcast television
bands (TV Bands) to deliver wireless
broadband services in rural areas and
applications associated with the Internet
of Things (IOT). Therefore, the
Commission offers several proposals to
spur continued growth of the white
space device ecosystem, especially for
providing affordable broadband service
to rural and underserved communities
that can help close the digital divide.
DATES: Comments are due on or before
May 4, 2020; reply comments are due on
or before June 2, 2020.
ADDRESSES: You may submit comments,
identified by ET Docket No. 20–36, by
any of the following methods:
D Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
D People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Hugh Van Tuyl, Office of Engineering
and Technology, 202–418–7506,
Hugh.VanTuyl@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking, ET Docket No.
20–36, FCC 20–17, adopted on February
28, 2020, and released on March 2,
2020. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street SW, Washington, DC
20554. The full text may also be
downloaded at: https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2018/db0223/FCC-1818A1.pdf.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Synopsis
1. Background. Unlicensed white
space devices can be used to provide a
variety of wireless services, including
broadband data. Fixed white space
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
18901
devices are being deployed today by
Wireless Internet Service Providers
(WISPs) to provide internet connectivity
in rural and underserved areas,
including for schools and libraries. The
Commission’s Part 15 rules allow
unlicensed white space devices to
operate at locations where frequencies
are not in use by licensed services.
2. In 2008, the Commission first
authorized unlicensed white space
device operations, both fixed and
personal/portable, in portions of the
VHF and UHF broadcast television
bands (TV bands) that were not being
used by TV broadcasters and associated
services. In 2010, 2012, and 2015, the
Commission took steps to promote
additional opportunities for unlicensed
white space devices to use spectrum in
the TV bands. To prevent harmful
interference to broadcast television
reception and other protected users,
white space devices obtain a list of
available channels and operating power
levels that may be used at their
particular location from databases
administered by private entities
approved by the Commission. Fixed
white space devices must incorporate a
geo-location capability and a means to
access a database. Portable white space
devices can either acquire a list of
available channels via another device
(Mode I), or themselves include geolocation and database access capabilities
(Mode II).
3. In the 2015 White Spaces Order, the
Commission took additional action to
promote white space device usage in the
repacked TV bands following the
broadcast TV spectrum incentive
auction, and it also authorized white
space device operations in the 600 MHz
duplex gap, in unused spectrum in the
600 MHz service band (at locations
where 600 MHz service licensees had
not commenced operations), and
unused portions of television channel
37 (in areas that would not interfere
with Radio Astronomy Service and
Wireless Medical Telemetry Service
incumbents).
4. In an effort to promote more
flexibility for white space device
operators in rural areas, the Commission
permitted fixed white space devices,
which under then-existing rules were
limited to no more than 4 watts EIRP,
to operate at higher power levels of up
to 10 watts EIRP in ‘‘less congested’’
areas, which are defined as those areas
where at least half the television
channels are unused for broadcast
services and available for white space
use. In that order, the Commission
retained the existing requirement that
fixed devices operate on antennas that
are no more than 30 meters above
E:\FR\FM\03APP1.SGM
03APP1
Agencies
[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Proposed Rules]
[Pages 18878-18901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06142]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112, 1130, and 1240
[CPSC Docket No. 2020-0010]
Safety Standard for Crib Bumpers/Liners
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Danny Keysar Child Product Safety Notification Act, i.e.,
section 104 of the Consumer Product Safety Improvement Act of 2008
(CPSIA), requires the United States Consumer Product Safety Commission
(CPSC) to promulgate consumer product safety standards for durable
infant or toddler products. These standards are to be ``substantially
the same as'' 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 a safety standard for crib
bumpers/liners, and it is also proposing to identify crib bumpers/
liners as durable infant or toddler products subject to CPSC's consumer
registration requirements. In addition, the Commission is proposing an
amendment to include crib bumpers in the list of notice of requirements
(NORs) issued by the Commission.
DATES: Submit comments by June 17, 2020.
ADDRESSES: Comments related to the Paperwork Reduction Act aspects of
the marking, labeling, and instructional literature requirements of the
proposed mandatory standard for crib bumpers/liners should be directed
to the Office of Information and Regulatory Affairs, the Office of
Management and Budget, Attn: CPSC Desk Officer, FAX: 202-395-6974, or
emailed to [email protected].
Other comments, identified by Docket No. CPSC-2020-0010, may be
submitted electronically or in writing:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. The Commission does not accept
comments submitted by electronic mail (email), except through
www.regulations.gov. The Commission encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions by mail/hand
delivery/courier to: Office of the Secretary, Consumer Product Safety
Commission, Room 820, 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 proposed 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
that you do not want to be available to the public. If furnished at
all, 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, and insert the
docket number, CPSC-2020-0010, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Timothy P. Smith, Project Manager,
Directorate for Engineering Sciences, U.S. Consumer Product Safety
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301)
987-2557; email: [email protected].
SUPPLEMENTARY INFORMATION: The CPSC proposes to issue a standard for
crib bumpers/liners under section 104 of the CPSIA, amend the consumer
registration rule to include crib bumpers/liners, and add crib bumpers/
liners to the NOR list in 16 CFR part 1112.
I. Background and Statutory Authority
Section 104(b) of the CPSIA, part of the Danny Keysar Child Product
Safety Notification Act, requires the Commission to: (1) Examine and
assess the effectiveness of voluntary consumer product safety standards
for durable infant or toddler products, in consultation with
representatives of consumer groups, juvenile product manufacturers, and
independent child product engineers and experts; and (2) promulgate
consumer product safety standards for durable infant or toddler
products. Standards issued under section 104 are to be ``substantially
the same as'' the applicable voluntary standards, or more stringent
than the voluntary standard if the Commission concludes that more
stringent requirements would further reduce the risk of injury
associated with the product.
Section 104(f)(1) of the CPSIA defines the term ``durable infant or
toddler product'' as ``a durable product intended for use, or that may
be reasonably expected to be used, by children under the age of 5
years.'' The statute also specifies 12 categories of products that fall
within the definition. Crib bumpers are not listed among the products
in section 104(f); however, on October 19, 2016, the Commission voted
to amend the agency's fiscal year 2017 (FY 2017) Operating Plan,
directing staff
[[Page 18879]]
to initiate rulemaking under section 104 of the CPSIA to promulgate a
mandatory consumer product safety standard to address the risk of
injury associated with the use of padded crib bumpers.\1\ The FY 2017
Operating Plan also directed staff to propose to amend the definition
of ``durable infant or toddler product'' in the consumer registration
rule to include ``crib bumpers.''
---------------------------------------------------------------------------
\1\ The final, approved FY 2017 Operating Plan can be found
here: https://www.cpsc.gov/s3fs-public/CPSCFY2017OpPlan.pdf. The
Commission reaffirmed this decision in the FY18 Operating Plan,
which can be found here: https://www.cpsc.gov/s3fs-public/FY_2018_Operating_Plan_August302017.pdf.
---------------------------------------------------------------------------
Pursuant to section 104(b)(1)(A) of the CPSIA, CPSC staff consulted
with manufacturers, retailers, trade organizations, laboratories,
consumer advocacy groups, consultants, and members of the public in the
development of this notice of proposed rulemaking (NPR), largely
through the ASTM process. ASTM subcommittee members represent
producers, users, consumers, government, and academia.\2\ Staff began
the consultation process for this rulemaking in December 2016 in a
letter to ASTM requesting that the ASTM F15.19 Subcommittee on Infant
Bedding form task groups related to (1) firmness requirements, (2)
airflow requirements, and (3) warning and instructional requirements,
to initiate activities to update ASTM F1917, Standard Consumer Safety
Performance Specification for Infant Bedding and Related Accessories,
with more stringent requirements that will further reduce the risk of
injury associated with crib bumpers. Since then, CPSC staff has been
actively participating in the ASTM subcommittee activities to address
these issues.
---------------------------------------------------------------------------
\2\ ASTM International website: www.astm.org, About ASTM
International.
---------------------------------------------------------------------------
This NPR incorporates by reference the most recent voluntary
standard developed by ASTM International, ASTM F1917-12, Standard
Consumer Safety Performance Specification for Infant Bedding and
Related Accessories, with substantial modifications that the Commission
concludes would further reduce the risk of injury or death from crib
bumpers/liners. If finalized, the ASTM standard incorporated by
reference, as modified, would be a mandatory safety rule under the
Consumer Product Safety Act (CPSA).
The testing and certification requirements of section 14(a) of the
CPSA apply to the standards promulgated under section 104 of the CPSIA.
Section 14(a)(3) of the CPSA requires the Commission to publish an NOR
for the accreditation of third party conformity assessment bodies (test
laboratories) to assess conformity with a children's product safety
rule to which a children's product is subject. The proposed rule for
crib bumpers/liners, if issued as a final rule, would be a children's
product safety rule that requires the issuance of an NOR. To meet the
requirement that the Commission issue an NOR for the crib bumpers/
liners standard, this NPR also proposes to amend 16 CFR part 1112 to
include 16 CFR part 1240, the CFR section where the crib bumpers
standard will be codified, if the standard becomes final.
II. Product Description
Traditionally, crib bumpers are infant bedding accessories that
attach to the interior perimeter of a crib and function as a barrier
between the infant and the sides of the crib. However, the design of
these products can vary. The most common type of crib bumper consists
of one or more rectangular fabric panels, constructed of cotton or
polyester, with filling material for padding and with fasteners to
attach to a crib. The fasteners are often ties that are secured to the
crib corner posts, crib slats or spindles, or both. However, other
fastening methods exist. These products commonly are marketed as
preventing injury to infants from impacts against the sides of a crib
and preventing limb entrapments between crib slats. Bumpers also are
used to decorate the infant's sleep environment and might be promoted
as making a crib more comfortable.
Less common designs of crib bumpers include ``vertical'' bumpers or
liners, which essentially are a series of small bumpers that
individually enshroud each vertical crib slat or spindle. These
products generally claim to offer benefits that are comparable to
traditional bumpers while allowing airflow through the sides of a crib.
Vertical bumpers may also be marketed with a longer recommended useful
life span than traditional bumpers for children with special needs.
More recent crib bumper variants are braided bumpers, which consist of
two or more fabric sleeves, containing filling material, and that are
braided together. Other bumper variants exist that look similar to
traditional bumpers but are marketed with claims of being
``breathable.'' Mesh crib liners are similar in their marketing claims
that the products are breathable, but these products tend to be thinner
than traditional bumpers, with minimal padding, if any, because they
are not intended to prevent impact injuries.
All of these products, like traditional crib bumpers, line the
interior sides of a crib and functionally limit or prevent access to
the crib sides, so, in principle, all of these products might present
similar hazards and benefits to infants. Thus, this proposed rule
includes all of these products within its scope. Throughout this
Federal Register document, the term ``crib bumpers'' or ``bumpers''
includes these other products, unless specifically excluded.\3\
---------------------------------------------------------------------------
\3\ As discussed herein, ASTM F1917-12 does not contain a
definition of ``crib bumpers.''
---------------------------------------------------------------------------
III. Incident Data
CPSC has identified 113 fatal incidents associated with crib
bumpers (i.e., cases in which a crib bumper was present in the sleep
environment) reported to have occurred from January 1, 1990 through
March 31, 2019.\4\ CPSC has identified 113 nonfatal incidents and
concerns that involved crib bumpers and were reported to CPSC from
January 1, 2008, through March 31, 2019. Because reporting is ongoing,
the number of reported fatalities and nonfatal incidents and concerns
may change in the future. Specifically, data for years 2017 through
2019 are not complete.
---------------------------------------------------------------------------
\4\ Although this nearly 30-year timeframe is considerably
longer than the 10-year timeframe that CPSC commonly employs in
other section 104 rulemaking activities, CPSC staff's 2016 briefing
package concluded that all the reported fatalities that staff
examined and considered most likely to be addressable occurred
before 2008. (https://www.cpsc.gov/s3fs-public/StaffResponsetotheRecordofCommissionActiononCribBumper.pdf.) Thus,
to be as inclusive as possible, CPSC has chosen to retain reported
fatalities as far back as 1990.
---------------------------------------------------------------------------
A. Fatalities
CPSC has reports of 113 fatalities associated with bumpers, which
were reported to have occurred between January 1, 1990 and March 31,
2019. To CPSC's knowledge, all bumpers involved in these incidents were
traditional bumpers, and all but eight involved the bumper inside a
crib.\5\
---------------------------------------------------------------------------
\5\ Three incidents occurred in a toddler bed, three in a
bassinet, one in a playpen, and one on a mattress on the floor.
---------------------------------------------------------------------------
CPSC staff classified 30 of the 113 crib bumper-related fatalities
as ``incidental.'' In three of these cases, the cause of death was
known to have been exclusively medical in nature, and therefore
unrelated to the bumper. In 27 of these 30 cases, although a bumper was
present, there was no evidence of bumper contact with the infant.
Of the remaining 83 reported fatalities, 75 (90 percent) involved
infants younger than 12 months and 51 (61 percent) involved infants 4
months old or younger. Only three of the 83
[[Page 18880]]
reported fatalities involved children 2 years old or older; one of
these children had health issues, one was developmentally delayed, and
the third went into cardiac arrest about a year after the bumper-
related incident, when the child was likely an infant.
B. Nonfatal Incidents and Concerns
CPSC has reports of 113 bumper-related nonfatal incidents and
concerns that were related to crib bumpers and were reported to CPSC
from January 1, 2008, through March 31, 2019. Of these 113 nonfatal
reports, 60 resulted in injury, 50 did not result in injury, and the
disposition of 3 is unknown. Fifteen (13 percent) of the 113 nonfatal
incidents and concerns reportedly involved a breathable bumper or mesh
liner. Thirty-five cases did not report the child's age. Of the
remaining 78 nonfatal incidents and concerns, 47 (60 percent) involved
infants younger than 12 months.
C. Product Recalls
CPSC staff reviewed recalls involving crib bumpers that occurred
from July 9, 1990 through April 17, 2019. Staff identified five
consumer-level recalls during that period to mitigate against risks of
entanglement, entrapment, suffocation, and choking from loose threads
(e.g., unraveling ties, breaking threads and seams) and from bumper
ties that either detached from the product or were too long.
IV. Hazard Pattern Identification
A. Fatal Incidents
Generally, the cause of death in the fatal incidents was reported
as asphyxia, suffocation, or Sudden Infant Death Syndrome (SIDS). A
number of reports indicated that in addition to a crib bumper being
present, the sleeping environment contained multiple additional items,
such as pillows, blankets, and stuffed dolls. In many of these
incidents, it is unclear what role, if any, the crib bumper played in
the death of the child. CPSC staff, through group consensus,
categorized the fatalities into hazard scenarios based on the best
available account information about the position of the child when
found and the cause of death ruled by the medical examiner.
As mentioned previously, 30 of the 113 reported fatalities were
incidental. Table 1 shows the distribution of the remaining 83 non-
incidental reported fatalities by hazard scenarios.
Table 1--Reported Fatalities by Hazard Scenario
[January 1, 1990-March 31, 2019]
------------------------------------------------------------------------
Reported
Hazard fatalities Percent \6\
------------------------------------------------------------------------
Entrapment/Wedging...................... 44 53
Against Object in Crib.............. 25 30
In Perimeter of Crib................ 13 16
Other............................... 6 7
Contact Without Entrapment/Wedging...... 27 33
Contact With Possible Entrapment/Wedging 7 8
Contact Outside Crib.................... 5 6
-------------------------------
Total............................... 83 100
------------------------------------------------------------------------
Source: CPSRMS and NEISS databases.
Reporting is ongoing for these databases, especially for 2017-2019.
1. Entrapment/Wedging: In 53 percent (44 out of 83 fatalities) of
the reported fatalities, the child was found wedged or entrapped
against the bumper. This category was divided into three scenarios in
which the child was found wedged or entrapped.
---------------------------------------------------------------------------
\6\ Percentages may not sum to 100 due to rounding.
---------------------------------------------------------------------------
a. Against Object in Crib: In 30 percent (25 out of 83 fatalities)
of the reported fatalities, the child was entrapped or wedged between a
crib bumper and another object in the crib, such as a bed pillow, an
infant recliner, or a cushion.
b. In Perimeter of Crib: In 16 percent (13 out of 83 fatalities) of
the reported fatalities the child was found entrapped between the
mattress and the side of the crib, on which a crib bumper was
installed. Nine of these cases involved a crib that was structurally
compromised, with features such as detached crib side rails, or missing
or detached crib slats.
c. Other: Seven percent (6 out of 83 fatalities) of the reported
fatalities involved entrapment against a crib bumper in some scenario
not covered by the two prior Entrapment/Wedging hazard patterns, such
as a child being found wedged under the crib bumper.
2. Contact Without Entrapment/Wedging: In 33 percent (27 out of 83
fatalities) of the reported fatalities, the child was reportedly in
contact with, but not entrapped or wedged against, the crib bumper.
3. Contact With Possible Entrapment/Wedging: In eight percent (7
out of 83 fatalities) of the reported fatalities, the child was found
to be in contact with the crib bumper, but the incident scenario lacked
sufficient details for the staff to determine whether the child was
entrapped or wedged against the bumper. These fatalities typically
described the child as being found with his or her face between the
mattress and the crib bumper. The incident descriptions often used the
phrase ``wedged between'' to describe the position of the child's face
when found. However, staff discovered that some incidents without
entrapment or wedging used similar language to describe the orientation
of the child's face relative to the two surfaces. Thus, incidents in
this category did not include sufficient details to enable CPSC staff
to conclude whether the child was truly entrapped or wedged against the
bumper.
4. Contact Outside Crib: Six percent (5 out of 83 fatalities) of
the reported fatalities were cases in which the child was in contact
with a crib bumper that was outside a crib. Staff is aware of three
other incidents involving a bumper outside a crib, but in those
incidents there was no evidence of contact with the crib bumper, and
thus, these three fatalities were ruled incidental and not included.
B. Nonfatal Incidents
Table 2 summarizes the hazard patterns for the bumper-related
nonfatal incidents. In cases where multiple hazards were mentioned, the
hazard
[[Page 18881]]
that could have caused the most severe injury was used.
Table 2--Reported Nonfatal Incidents or Concerns by Hazard Pattern
[January 1, 2008-March 31, 2019]
------------------------------------------------------------------------
Incidents/
Hazard complaints Percent \7\
------------------------------------------------------------------------
Slat Entrapments........................ 38 34
Climbing or Climb-Outs.................. 12 11
Under or Behind Bumper.................. 10 9
Near-Strangulation or Entanglements..... 8 7
Entrapped Against Object in Crib........ 7 6
Choking or Ingestion of Small Parts..... 7 6
Other................................... 14 12
Concerns................................ 17 15
-------------------------------
Total............................... 113 100
------------------------------------------------------------------------
Source: CPSRMS and NEISS databases.
Reporting is ongoing for these databases, especially for 2017-2019.
1. Slat Entrapments: Thirty-four percent (38 out of 113 non-
fatalities) of reported nonfatal incidents involved arm or leg
entrapments between the slats of the crib, even though a crib bumper
was present. Seven of the 38 slat entrapments reportedly involved a
breathable bumper or mesh liner. Of the 38 slat entrapments, 27
incurred injuries.
---------------------------------------------------------------------------
\7\ Percentages may not sum to 100 due to rounding.
---------------------------------------------------------------------------
2. Climbing or Climb-Outs: Eleven percent (12 out of 113 non-
fatalities) of reported nonfatal incidents occurred when a child, old
enough to stand up, reportedly used the bumper as a step to climb. The
child often fell back into the crib or fell out of the crib. The
youngest children in these incidents were two 7-month-old children.
3. Under or Behind Bumper: In nine percent (10 out of 113 non-
fatalities) of reported nonfatal incidents, the child or some part of
the child was found under or behind (i.e., against the crib side) the
crib bumper. In seven cases, the child reportedly was trapped under or
behind the bumper. In two cases, the bumper covered the child's face,
but the child was not entrapped. In one case, the face was under the
bumper while the legs were trapped in the slats. Some of these cases
reported that the bumper was missing bottom ties.
4. Near-Strangulation or Entanglements: Seven percent (8 out of 113
non-fatalities) of reported nonfatal incidents involved the tie,
threading, or stitched-on components of a crib bumper becoming loose
and wrapping around body parts of the child. Half of these incidents
specifically mention the head, mouth, or neck being wrapped up by a
piece of a crib bumper. However, none of these incidents involved a
bumper tie wrapping around a child's neck.
5. Entrapped Against Object in Crib: In six percent (7 out of 113
non-fatalities) of reported nonfatal incidents, the child was entrapped
between a crib bumper and another object in the crib, such as a sleep
positioner or an infant recliner.
6. Choking or Ingestion of Small Parts: Six percent (7 out of 113
non-fatalities) of reported nonfatal incidents involved choking or
ingestions. These incidents generally involved the child putting a
piece of the crib bumper, such as decorative stitched-on patterns, the
ties, or the stuffing from inside the bumper, into their mouth.
7. Other: Twelve percent (14 out of 113 non-fatalities) of reported
nonfatal incidents were other issues involving a child, including:
Bumper integrity issues such as ties detaching or being pulled off,
stitching being pulled out, and paint rubbing off; injuries caused by
contact with crib bumpers; needles found in the padding of the bumper;
injuries, such as cuts and bruises on the crib rail, that occurred
despite the presence of the bumper; portions of the crib (e.g., crib
rails or slats, crib side) breaking or separating while bumpers were in
use; and an entrapment between a crib toy and the crib mattress while
in contact with the bumpers.
8. Concerns: Fifteen percent (17 out of 113 non-fatalities) of
reported nonfatal incidents and concerns did not involve an actual
incident with a child, but instead, were general crib bumper-related
problems observed by the parent or complainant. Common examples of
concerns with crib bumpers were: Bumper integrity issues such as ties
detaching or the bumper coming apart; concerns about poor bumper fit or
bumpers missing the lower ties; and general concerns about bumpers
posing a safety hazard.
V. Standards for Crib Bumpers
A. International Standard
CPSC is aware of one international standard that contains
performance requirements for crib bumpers/liners: BS EN 16780:2018,
Textile child care articles--Safety requirements and test methods for
children's cot bumpers. (BS EN 16780:2018).\8\ BS EN 16780:2018 has
requirements to address falls from the crib, suffocation on materials,
strangulation on cords, entrapment of fingers/toes, sharp or abrasive
edges, choking, internal injuries from magnets, entrapment,
strangulation, choking, cuts and abrasions. EN 16780:2018 also includes
requirements pertaining to chemical hazards, fire hazards, and hygiene
hazards.
---------------------------------------------------------------------------
\8\ The foreword to BS EN 16780:2018 states that the British
Standard is the UK implementation of EN 16780:2018, and it partially
supersedes BS 1877-10:2011+A1:2012. The foreword also states that
``BSI, as a member of CEN, is obliged to publish EN 16780:2018 as a
British Standard. However, attention is drawn to the fact that
during the development of this European Standard, the UK committee
voted against its approval.'' BS 1877-10:2011+A1:2012 has length and
strength requirements for crib bumper ties similar to those in EN
16780:2018, but does not have any thickness or firmness requirements
for crib bumpers.
---------------------------------------------------------------------------
EN 16780:2018 requires that the design of the product prevent the
crib bumper/liner from falling into the crib, but the design
requirement does not have a test method. The standard does not have a
requirement for the firmness of crib bumpers/liners. Additionally,
although there are specific requirements (prohibitions) for plastic
surfaces that could affect breathability, the rationale for that
requirement assumes the air flow characteristics of the underlying
woven fabric and filling materials are
[[Page 18882]]
adequate. The standard provides no basis for its rationale and lacks a
test method. The contact of an infant's face into a soft crib bumper/
liner is not addressed.
B. State and Local Standards
Some state and local jurisdictions have banned the sale of crib
bumpers.
Chicago, IL: The sale or lease of any ``crib bumper pad''
is illegal in Chicago, IL, effective April 5, 2012.\9\ The Chicago code
defines a ``crib bumper pad'' as: ``any padding material, including but
not limited to a roll of stuffed fabric, which is designed for
placement within a crib to cushion one or more of the crib's inner
sides adjacent to the crib mattress.''
---------------------------------------------------------------------------
\9\ Chicago, IL., Mun. Code section 7-36-112.
---------------------------------------------------------------------------
Maryland: Effective June 21, 2013, Maryland's Department
of Health and Mental Hygiene (DHMH) published final regulations that
declare ``baby bumper pads'' to be a hazardous material that may not be
shipped or sold to a purchaser in Maryland. The Maryland regulation
defines ``baby bumper pad'' as: ``a pad or pads of non-mesh material
resting directly above the mattress in a crib, running the
circumference of the crib or along the length of any of the interior
sides of the crib, and intended to be used until the age that an infant
pulls to a stand.'' The regulation also states that a ``new'' ASTM
voluntary standard for these products might replace the ban if the DHMH
Secretary determines that products complying with the ASTM standard are
not a danger to public health and safety, and that the Secretary may
suspend the regulation if the CPSC affirmatively finds that the
benefits of certain bumpers exceed the risks. The ban does not apply to
mesh crib liners or to vertical bumpers that wrap tightly around each
individual crib rail.\10\
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\10\ See https://phpa.health.maryland.gov/mch/Pages/crib-bumpers.aspx.
---------------------------------------------------------------------------
Watchung, NJ: On December 15, 2016, the borough of
Watchung, NJ, amended its police regulations to prohibit the sale or
lease of ``crib bumper pads,'' \11\ which are defined as: ``any padding
material, including but not limited to a roll of stuffed fabric or
breathable liner, which is designed for placement within a crib to
cushion one or more of the crib's inner sides adjacent to the crib
mattress.'' The ordinance explicitly states that mesh liners are not
included in the definition of ``crib bumper pad.''
---------------------------------------------------------------------------
\11\ Revised General Ordinances of the Borough of Watchung,
Chapter VI section 6-13, Ord. No. 2016-15.
---------------------------------------------------------------------------
Ohio: On April 6, 2017, Ohio banned the manufacture, sale,
or delivery of ``crib bumper pads,'' \12\ defined as: ``any padding
material, including a roll of stuffed fabric, that is designed for
placement within a crib to cushion one or more of the crib's inner
sides adjacent to the crib mattress.'' The definition also states that
``crib bumper pad'' excludes mesh crib liners, regardless of whether
CPSC includes mesh liners in its definition of ``crib bumper pad.'' The
ban excludes mesh crib liners for no more than 3 years after the
effective date, unless such liners comply with consumer product safety
standards promulgated by CPSC to ensure sufficient permeability and
breathability to prevent infant suffocation.
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\12\ 37 Ohio Rev. Code section 3713.
---------------------------------------------------------------------------
The states of Missouri, New York, and Vermont are considering
similar bans. In addition, in June 2019, a bill to ban the manufacture,
importation, and sale of crib bumpers in the United States, the ``Safe
Cribs Act of 2019'' (H.R. 3170 and S. 1816), was introduced in
Congress. The bill, as introduced, defined the term ``crib bumper''
broadly to include not only traditional padded crib bumpers, but also
mesh crib liners and vertical bumpers, or crib slat covers. However, on
July 10, 2019, the House Committee on Energy and Commerce, Subcommittee
on Consumer Protection and Commerce, amended the definition of ``crib
bumper'' in H.R. 3170 to exclude mesh liners.
VI. Voluntary Standard--ASTM F1917
A. Background
ASTM F1917, Standard Consumer Safety Performance Specification for
Infant Bedding and Related Accessories, contains requirements for
infant bedding and related accessories, including crib bumpers, in the
United States. The current version of the voluntary standard was
published in 2012 (ASTM F1917-12). This is the third revision since the
standard was first published in 1999.
B. Description of the Current Voluntary Standard--ASTM F1917-12
ASTM F1917-12 includes the following key provisions: Scope,
terminology, general requirements, performance requirements, test
methods, and labeling requirements. Tab C of the staff's briefing
package provides details about the standard. We summarize key
provisions below.
The scope section of ASTM F1917-12 provides that the standard
applies to ``infant bedding and related accessories.'' Section 3.1.4 of
ASTM F1917-12 defines the term ``infant bedding and related
accessories'' to include the following items intended for use in a
nursery: Fitted sheets, blankets, dust ruffles, covers and drapes for
canopies, pillows, mattress covers, diaper stackers, fabric wall,
bumper guards, headboard bumper guards, and comforters. This proposed
rule would apply only to crib bumpers. ASTM F1917-12 does not define
``crib bumper.''
ASTM F1917-12 contains general requirements for the bumper's
attachment means (e.g., ties), decorative components, and threads.
Section 5 of ASTM F1917-12 requires crib bumpers to be ``capable of
being secured at or near all corners and at the midpoints of the long
sides of the crib,'' and specifies that bumpers intended for circular
cribs must be capable of being secured at intervals not exceeding 26
inches.
Section 6 of ASTM F1917-12 includes performance requirements and
test methods for unsupported vinyls, maximum bumper thickness, and
bumper pad tie strength. ASTM F1917-12 defines unsupported vinyl as
vinyl that is not integrated to a backing material. The standard
requires that unsupported vinyl that is accessible to an infant be
0.012-in (0.3mm) thickness or greater. The maximum bumper thickness
requirement in ASTM F1917-12 uses a bumper thickness test fixture to
limit the maximum thickness of crib bumpers to about 2 inches. The
bumper thickness test applies only to crib bumpers manufactured of
fabric and filled with a fibrous material. The bumper pad tie strength
requirement in AST MF1917-12 only applies to ties, and no other means
of attachment.
Section 8 of ASTM F1917-12 contains warning and instructional
requirements for infant bedding and related accessories, and includes
warnings that must appear on certain products covered by the standard.
VII. Assessment of the Voluntary Standard ASTM F1917-12
CPSC assessed the adequacy of ASTM F1917-12 on the basis of the
incident data and hazard patterns, and on CPSC's review of the current
voluntary standard for issues requiring clarification. A more stringent
standard than the current ASTM standard is necessary to further reduce
the risk of injury associated with crib bumpers. Accordingly, the
proposed rule includes substantial changes and additions to the
existing voluntary standard requirements.
A. Addition of Crib Bumper Definition
ASTM F1917-12 includes several performance and labeling
requirements for crib bumpers. However, the
[[Page 18883]]
voluntary standard identifies these products inconsistently as:
``bumper pad'' (section 6.3, 7.4, 7.4.1, Note 2), ``bumper guards''
(3.1.4, 5.1, 5.4), ``headboard bumper guards'' (3.1.4, 5.1),
``headboard/bumper set'' (8.2.1), ``bumper'' (3.1.1, 6.2, Figure 1
caption, 7.3, 8.2.1), and ``crib bumper'' (6.2). The voluntary standard
does not define any of these terms. The Commission is proposing a broad
definition that encompasses traditional crib bumpers as well as mesh
crib liners. Products that cover only the top rail of a crib would not
be considered crib bumpers. Such top rail covers do not serve the same
function as a crib bumper or mesh liner. Taking these factors into
account, the Commission proposes to define products that are subject to
the rule in the following way:
crib bumper/liner, n--any product intended to be placed against any
portion of the interior perimeter of a crib, and that reduces or
eliminates an infant's access to the crib sides, slats, spindles, or
the spaces between these components.
Discussion--Such products are commonly referred to as crib bumpers,
crib liners, mesh liners, bumper pads, bumper guards, and headboard
panels, but do not include products intended to cover only the top
horizontal rail of a crib.
Defining the products that are subject to the rule using consistent
terms will further reduce the risk of injury associated with crib
bumpers by providing clarity to manufacturers and testing laboratories
about which products are subject to the requirements of the proposed
rule. The ASTM Infant Bedding subcommittee intends to ballot this
definition as part of its revisions to the F1917 standard.
B. Suffocation Hazard
1. Crib Bumper Thickness
Pillows, and other soft, pillow-like objects can pose a suffocation
hazard to infants by conforming to the face and blocking the nose and
mouth. ASTM F1917-12 addresses the potential suffocation hazard posed
by crib bumpers by limiting the maximum thickness of crib bumpers to
about 2 inches, thereby eliminating soft, pillow-like crib bumpers from
the marketplace. The ASTM standard specifies a bumper thickness test
fixture to assess the bumper's thickness, by limiting the maximum
thickness of crib bumpers to about 2 inches, thereby eliminating soft,
pillow-like crib bumpers from the marketplace.13 14 However,
ASTM F1917-12 only applies this test to bumpers manufactured of fabric
and filled with a fibrous material. The Commission proposes to apply
this thickness requirement to all crib bumpers/liners, regardless of
their construction, because bumpers made from other materials (e.g.,
filled with foam) still could be soft and pillow-like, and pose the
same hazard. Broadening the existing requirement to apply to all crib
bumpers/liners would further reduce the risk of suffocation. The ASTM
Infant Bedding subcommittee intends to ballot a similar change to the
F1917 standard.
---------------------------------------------------------------------------
\13\ ASTM F1917-12, Section X1.1.
\14\ Petition CP 12-2, ``Petition Requesting a Performance
Standard to Distinguish and Regulate Hazardous Pillow-Like Crib
Bumpers from Non Hazardous Traditional Crib Bumpers Under Sections 7
and 9 of the Consumer Product Safety Act,'' from the Juvenile
Products Manufacturers Association (JPMA).
---------------------------------------------------------------------------
CPSC staff's testing of crib bumper samples also identified some
bumpers that passed through the bumper test fixture, but at such an
extremely slow rate that staff found it difficult to determine whether
the bumper passed or failed the test. Thus, the Commission is proposing
to include a minimum rate at which the bumper must pass through the
fixture to more clearly delineate a pass from a fail. Specifically, the
Commission proposes a rate of no less than 0.5 inches per second.
Because the surface finish of the slot in the bumper thickness test
fixture can affect how quickly a bumper can slide through it and can
introduce variation among test laboratories and fixtures, the
Commission is also proposing a minimum finish requirement for the test
fixture. Specifically, the Commission proposes a surface finish of 1.6
Ra (roughness average), which is a common ``smooth'' specification and
is practical to achieve. Both of these additional requirements--the
recommended rate and the recommended surface finish--should further
reduce the risk of suffocation by improving a test laboratory's ability
to identify crib bumpers that would fail the thickness test.
2. Crib Bumper Firmness. The F1917-12 maximum thickness requirement
for crib bumpers is intended to address the suffocation hazard by
eliminating ``soft'' pillow-like crib bumpers. However, thickness is
not the same as softness, and the ability of a surface to conform
around a child's face is an important indicator of suffocation hazards.
Currently, one could make a crib bumper that would pass the maximum
thickness requirement in ASTM F1917-12, but still would be soft enough
to readily conform to an infant's face. In fact, a crib bumper that is
especially soft could be thicker than the bumper thickness test fixture
and still pass the maximum thickness test because of its very pliable,
pillow-like quality. Thus, to further reduce the risk of injury
associated with crib bumpers, the Commission proposes to include an
additional firmness requirement.
The Commission is proposing a firmness requirement and test method
that is based on an Australian/New Zealand standard, AS/NZS
8811.1:2013, Methods of Testing Infant Products: Part 1: Sleep
Surfaces--Test for Firmness, which is intended to assess the firmness
of infant mattresses and other horizontal sleep surfaces for
``excessive compression.'' The test uses a device that consists of a
circular disk of a certain size and weight, with an attached ``feeler
arm'' that extends over the edge of the disk. The device is placed on
the product, which compresses under the device's weight. If the
compression is enough to cause the feeler arm to touch the surface of
the product, the product fails. The test device was developed based on
a device that was used in a German study to objectively measure the
softness of mattresses and underlay surfaces as part of a case-control
study of SIDS.
The test's failure criteria are intended to identify soft surfaces
that pose a three-fold increase in the risk of SIDS. CPSC staff tested
crib bumper samples to the ASTM F1917-12 thickness requirement and to
the proposed firmness requirement. Staff found that many bumpers that
passed the thickness requirement would fail the firmness requirement.
Although staff tested a limited number of samples, all bumper samples
up to 0.8 inches thickness passed the firmness test, while all bumper
samples 1.2 inches or greater failed the test; bumpers 1 inch thick had
mixed results. Nevertheless, it is possible that some bumpers greater
than 1 inch thick could be firm enough to pass the test, and some
bumpers less than 1 inch could be soft enough to fail. One of the
samples that failed the firmness test yet passed the F1917 maximum
thickness test measured 2.5 inches thick, which is a half-inch thicker
than the 2-inch slot that is used to test thickness. Its very
pliability, or softness, allowed it to pass the thickness test.
CPSC staff has been working with the ASTM Infant Bedding
Subcommittee task group on crib bumper firmness. CPSC staff and members
of the task group agree that the proposed firmness requirement and test
method would address a worst-case scenario in which the crib bumper
separates from the crib
[[Page 18884]]
side or otherwise protrudes into the sleep area and gets underneath an
infant. In this scenario, the bumper would present a smothering-type
suffocation hazard similar to a quilt or other piece of soft bedding
that is able to conform to, and occlude, airway openings. CPSC is aware
of nonfatal incidents involving bumpers without lower ties or with ties
detaching from the bumper, either of which would allow for this
scenario. Some reported fatalities have limited or conflicting details
about the infant's face relative to the crib bumper, and these
incidents might have involved this scenario. In addition, CPSC
examination of crib bumper samples found that long continuous bumpers
could be mistakenly installed on a crib in ways that would result in a
loose fit and possible sagging. The proposed firmness requirement would
reduce the risk of injury of bumpers in the event that consumers
incorrectly install these products and the product enters the sleep
area.
The Commission also concludes that its proposed firmness
requirement could improve the safety of crib bumpers by offering some
protection against other smothering-type suffocation deaths where the
victim's face is forcefully pressed against a bumper to fully or
partially occlude external airway openings. Scenarios involving infant
wedging or entrapment against a bumper, in general, and infant
entrapment between the bumper and another object in the crib in
particular, are especially common in the reported fatalities. Some of
these incidents involve the face being pressed against the bumper, and
a firmness requirement would reduce the risk of injury associated with
this scenario, provided the applied pressure was not sufficient to
compress and close nostril openings.
The ASTM Infant Bedding subcommittee is preparing a ballot that
includes the proposed firmness requirement.
C. Suffocation Hazard and Entrapment Hazard--Crib Bumper Attachment
ASTM F1917-12 requires crib bumpers to be ``capable of being
secured at or near all corners and at the midpoints of the long sides
of the crib,'' and specifies that bumpers intended for circular cribs
must be capable of being secured at intervals not exceeding 26 inches
(section 5.4). CPSC has the following concerns with this provision:
How ``near'' the corners a bumper would need to be to pass
the requirement is not clear.
The intervals specified--from 26 inches for a circular
crib to 28 inches corner to corner for the short end of a crib--are
large enough to easily allow a bumper to sag or to pull away from the
crib side. CPSC is aware of reported fatalities involving bumpers that
were sagging, and consumers have reported concerns about poor fit
between bumpers and the crib in which they were installed.
Crib bumpers can meet the requirement when they are not
secured or flush at both the top and bottom edges of the bumper. CPSC
is aware of reported fatalities and nonfatal incidents in which the
victim was entrapped or able to slip beneath the bottom edge of the
bumper, and there have been nonfatal incidents involving entrapment
behind the bumper (i.e., between the bumper and the crib side). In
addition, some consumers have reported concerns about bumpers that did
not include ties along the bottom of the bumper.
The Commission is proposing a new performance requirement that
would replace the existing F1917 attachment requirements. The proposed
requirement would not allow a small head probe to pass between an
installed crib bumper and the interior crib side, at any location
around the perimeter of the bumper most likely to fail. The small head
probe is the same one used in ASTM F963, Standard Consumer Safety
Specification for Toy Safety, and approximates the 5th percentile head
size of an infant 0 to 3 months old.\15\ The Commission believes that
this alternative attachment requirement and test method will further
reduce the risk of injury associated with crib bumpers. Specifically,
the proposed requirement could reduce the risks of suffocation and
entrapment associated with infants accessing the spaces under and
behind installed crib bumpers. The ASTM Infant Bedding subcommittee has
formed a Bumper/Liner Attachment task group, which is developing a
similar requirement for the F1917 voluntary standard.
---------------------------------------------------------------------------
\15\ This probe, which is used to test for hazardous loops and
cords, is based on the 5th percentile head length and breadth
dimensions of an infant 0 to 3 months old (ASTM F963-03, Section
A5.7.13).
---------------------------------------------------------------------------
D. Entanglement, Choking, and Suffocation Hazards--Crib Bumper Tie/
Attachment Means Strength Requirement
Some nonfatal incidents and reported consumer concerns involved
parts of the crib bumper (such as the ties, threads, or stitched-on
decorative patterns) wrapped around the neck, limb or digit of the
child. In addition to entanglement concerns, some incidents involved a
child's ingestion of, or choking on, part of the crib bumper, such as a
decorative stitched-on pattern or the bumper's filling material. The
attachments means separating from the bumper could also pose a
suffocation hazard, because this could allow the bumper to fall or sag
into the crib.
1. Attachment Means, Decorative Components, and Seams
ASTM F1917-12 includes a strength requirement for crib bumper ties.
The ties must withstand a certain amount of force without detaching
from the bumper. This requirement addresses the nonfatal incidents and
reported consumer concerns involving crib bumper ties separating from
bumpers. However, the standard does not define ``ties,'' but rather,
``attachment means.'' Ties are merely one form of attachment means.
Thus, the Commission is proposing to revise the strength requirement
for bumper ties to apply to all attachment means, rather than just to
ties. The ASTM Infant Bedding subcommittee currently is considering an
identical change to the F1917 standard.
2. Decorative Components and Seams Strength Requirements
In addition, the Commission is proposing to include strength
requirements for decorative components and bumper seams so that they
too must withstand a certain amount of force without detaching from the
bumper. Because decorative components may be subjected to similar
stressors as attachment means, the Commission proposes similar strength
requirements for both. The proposed seam strength requirement includes
a criterion that, after testing, there shall not be an opening that
permits insertion of a 0.22-inch diameter rod. This diameter is based
on the finger entrapment probe that is employed in many children's
product tests.
ASTM F1917-12 specifies certain dimensional limits (e.g., measured
lengths or perimeters) for attachment means (section 5.1) and
decorative components (5.2). However, the current language would pass
crib bumpers that include components that exceed these limits after
having been subjected to the strength testing, which could present
entanglement and choking hazards. The Commission proposes to require
crib bumpers to meet these dimensional limits both before and after
strength testing.
[[Page 18885]]
E. Suffocation, Entanglement and Fall Hazards--Crib Bumper Warnings and
Instructions
ASTM F1917-12 includes marking and labeling requirements--primarily
warning requirements--for crib bumpers. However, the Commission
concludes that these requirements do not adequately address the risk of
injury and death associated with crib bumpers. The current warning
content, format, and placement requirements are deficient. Additional
requirements, including requirements for warning permanence and
instructional literature, would further reduce the risk of injury
associated with crib bumpers.
1. Warning Content and Format
The current F1917 warning provides incomplete and insufficient
information about steps that consumers can take to reduce the risk of
suffocation, and lacks key details about when and why crib bumpers
should be removed from the crib. For example, CPSC is aware of reported
fatalities involving entrapments between the bumper and another object
in the crib, use of the bumper outside a crib (e.g., in a toddler bed
or bassinet), and use of the bumper in a broken crib. The current
warning requirement does not address these use patterns. CPSC also is
aware of nonfatal incidents involving climbing or climb-outs, which the
current warning requirement does not address explicitly. The Commission
seeks comment on whether incidents of climbing or climb-out have
resulted from a crib bumper or liner installed in a crib.
In addition, the specified labeling and warning-format requirements
are not consistent with the recommendations of the ASTM Ad Hoc Language
task group. ASTM juvenile products standards have begun adopting these
``Ad Hoc'' recommendations since 2016 to increase the consistency of
on-product warning design among juvenile products, and to address
numerous warning format issues related to capturing consumer attention,
improving readability, and increasing hazard perception and avoidance
behavior.
On the basis of the issues identified above, the Commission
proposes to replace the ASTM F1917-12 warning requirements to produce
the following warning, in terms of content and general format:
[GRAPHIC] [TIFF OMITTED] TP03AP20.007
Because crib bumper ties or other attachment means up to 7 inches
long do not pose a strangulation hazard, the Commission proposes
requiring the warning statement about entanglement and strangulation
only for those bumpers with attachment means exceeding 7 inches in
length.\16\ The Commission seeks comment on whether to require the last
two sentences about removal of the product and climbing out.
---------------------------------------------------------------------------
\16\ ASTM F1917-12 specifies that bumper ties cannot be longer
than 9 inches, and staff recommends that the proposed rule apply
this limit to all attachment means.
---------------------------------------------------------------------------
a. Warning Placement
ASTM F1917-12 requires the warnings for crib bumpers to be
``conspicuous,'' but does not define this term. Numerous ASTM juvenile
product standards require warnings to be ``conspicuous,'' and they
define this term in a way that enables one to assess conformance,
typically by stating when the warning must be visible. Thus, to clarify
the required placement of the warning on the product, the proposed rule
includes a definition of ``conspicuous'' that is consistent with the
definition used in many other ASTM juvenile product standards.
b. Warning Permanence
ASTM F1917-12 requires the warnings for crib bumpers to be
``permanent''; however, the standard neither defines ``permanent'' nor
specifies how one would assess conformance to this requirement. Thus,
the proposed rule includes requirements for warning permanence that are
consistent with similar requirements in other ASTM juvenile products
standards. The Commission proposes to require that warnings that are
attached to the fabric with seams must remain in contact around the
entire perimeter of the warning. This requirement is intended to avoid
so called ``free-hanging'' labels, which can be removed easily.
c. Additional Crib Bumper Markings
The proposed rule would require permanent markings on the crib
bumper that indicate which portions of the bumper are intended for the
long and short sides of the crib, except for those crib bumpers
intended for circular cribs. This proposed requirement would reduce the
likelihood of consumers
[[Page 18886]]
installing the bumper incorrectly, and thus will reduce the potential
for loose or sagging bumpers. CPSC is aware of fatal incidents
involving sagging bumpers, and consumers have reported concerns about
installation difficulties and poor bumper fit.
d. Instructional Literature
ASTM F1917-12 does not include requirements for instructional
literature to accompany crib bumpers. Numerous ASTM juvenile product
standards require manufacturers to provide instructions with the
product. Given the importance of proper bumper installation, the
Commission concludes that instructional literature regarding
installation is essential to adequately address the risk of injury and
death associated with bumpers. In addition, the ASTM Ad Hoc Language
task group has published recommended requirements for instructional
literature and for the formatting of warnings in instructional
literature. Thus, the proposed rule includes requirements for
instructional literature, largely based on the Ad Hoc Language
recommended requirements.
F. Commission Direction Pertaining to Crib Bumpers
In the FY 2017 Operating Plan, the Commission stated that in
developing a proposed standard, CPSC staff shall, at a minimum:
``Develop a performance requirement and test method to
show that a crib bumper is firm enough not to conform to the face of an
infant, based on known anthropometric parameters;''
``develop a performance requirement and test method based
on known infant inhalation and exhalation requirements and
anthropometric parameters to demonstrate that a crib bumper matches or
exceeds the airflow characteristics of mesh or mesh-like materials,
taking into account the safety of infants with compromised breathing;''
and
``compose warnings and instructions on the product that
explain all of the types of cribs on which the product can and cannot
be installed, clear advice about how to install the product and at what
age of the child to stop using the product.''
1. Firmness
CPSC staff performed work to develop an anthropometry-based probe.
However, the rigidity of the probe's cone-shaped protrusion does not
necessarily represent the highly flexible cartilage in young infants'
noses, and therefore, might not account for the potential of the nose
to compress and close the nostrils when pressure is applied. In
addition, in performing preliminary testing of crib bumper samples
using the anthropometry-based probe, staff was unable to establish a
clear pass-fall criterion. As a result, staff is uncertain whether the
probe would accurately measure or relate to the risk of suffocation.
Consequently, staff's recommended firmness is not based on
anthropometric parameters. Thus, the Commission is proposing adding a
firmness requirement to ASTM's requirements, but the proposed
requirement is not based on anthropometric parameters.
2. Airflow
The current ASTM voluntary standard for crib bumpers does not
include an airflow-related performance requirement. CPSC staff
developed a test method for assessing the airflow of crib bumpers that
is based on British standard BS 4578:1970, Specification for Methods of
Test for Hardness of, and for Air Flow Through, Infants' Pillows, and
British standard BS 1877-8:1974, Specification for Domestic bedding--
Part 8: Pillows and bolsters for domestic use (excluding cellular
rubber pillows and bolsters). Staff modified the test method to use a
``breathing'' rate that is physiologically representative of a sleeping
3-month old infant by using a 2 L/min airflow. Although staff's test
could be used to distinguish mesh liners from most padded crib bumpers,
as discussed more fully in the briefing package, CPSC staff was unable
to conclude that the requirement would reduce the risk of injury
associated with crib bumpers. Thus, CPSC staff did not recommend an
airflow requirement for crib bumpers.
However, on January 22, 2020, the Commission held an all-day public
hearing regarding the draft NPR and the risks associated with crib
bumpers. At the hearing, the Commission heard testimony that millions
of mesh crib liners have been sold over almost two decades without
known associated fatalities. Moreover, CPSC staff has identified at
least four infant deaths where the victim's face was reported to be in
contact with a bumper, and determined that the death likely could have
been prevented had the bumper been replaced with a mesh liner or
vertical bumper. Given the testimony submitted at the January 2020
hearing about the lack of fatalities associated with mesh crib liners
and the fact that airflow tests can differentiate mesh from traditional
padded bumpers, the Commission is proposing an airflow performance
requirement and test method based on British Standard BS 4578:1970,
Specification for Methods of Test for Hardness of, and for Air Flow
Through, Infants' Pillows, with modifications. The Commission believes
this additional requirement will further reduce the risk of injury
associated with crib bumpers. The Commission seeks comment on whether
alternative test methods, such as ASTM D737-18, Standard Test Method
for Air Permeability of Textile Fabrics, can be correlated with results
from the British Standard, as modified, and whether adopting an
alternative test method offers benefits.
3. Warnings and Instructions
CPSC staff addressed the Commission's request related to warnings
and instructions by recommending the following revisions to ASTM F1917-
12 for the proposed rule in the staff briefing package:
New warning statements about only using crib bumpers in
unbroken, full-size cribs, and not using bumpers in toddler beds or
bassinets;
More explicit descriptions of how the bumper should fit
when properly installed; and
More details about when and why consumers should remove
crib bumpers from a crib.
As discussed in Section VII.E of this preamble, the proposed rule
includes these modifications to ASTM F1917-12.
VIII. Proposed Standard for Crib Bumpers
The Commission proposes to incorporate by reference ASTM F1917-12,
Standard Consumer Safety Performance Specification for Infant Bedding
and Related Accessories, with modifications that would further reduce
the risk of injury or death associated with crib bumpers. The proposed
modifications are discussed in detail in the Section VII of this
preamble and are summarized below:
Add a ``crib bumper/liner'' definition.
Revise the crib bumper thickness requirement to apply to
all crib bumpers and liners, and revise the test method by adding a
minimum rate at which the bumper must pass through the test fixture and
a surface finish requirement of 1.6 Ra for the text fixture.
Add a crib bumper firmness requirement and test method.
Add a crib bumper airflow requirement and test method.
Replace the existing requirement for crib bumpers to be
capable of being secured at certain locations with a new crib bumper
attachment requirement and test method.
[[Page 18887]]
Revise the strength requirement for crib bumper ties to
apply to all attachment means, and add new strength requirements and
test methods for decorative components and seams.
Revise the crib bumper warning content, format, and
placement requirements; add warning permanence requirements and test
methods; and add a requirement for additional crib bumper markings.
Add crib bumper instructional literature requirements.
Vertical Bumpers
At the hearing in January 2020, the Commission heard testimony that
vertical bumpers, or slat covers, have been sold since 2008 without
fatalities and have been used by consumers caring for children with
special needs. Furthermore, vertical bumpers have been exempted from
some state regulations addressing crib bumpers. Consequently, the
Commission also seeks comment on reports of any incidents or injuries
associated with vertical bumpers; the recommended user population,
market size and expected, useful lifespan of vertical bumpers; what
design characteristics of vertical bumpers are critical for safety,
such as shape, thickness, fill materials, and attachment means; whether
there are any requirements in this proposal from which vertical bumpers
should be exempt and why; and whether any test methods need to be
modified for testing vertical bumpers.
IX. Proposed Amendment to 16 CFR Part 1112 To Include NOR for Bumpers
The CPSA establishes certain requirements for product certification
and testing. Products subject to a consumer product safety rule under
the CPSA, or to a similar rule, ban, standard or regulation under any
other act enforced by the Commission, must be certified as complying
with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a).
Certification of children's products subject to a children's product
safety rule must be based on testing conducted by a CPSC-accepted third
party conformity assessment body. Id. 2063(a)(2). The Commission must
publish an NOR for the accreditation of third party conformity
assessment bodies to assess conformity with a children's product safety
rule to which a children's product is subject. Id. 2063(a)(3). Thus,
the proposed rule for 16 CFR part 1240, Safety Standard for Crib
Bumpers/Liners, if issued as a final rule, would be a children's
product safety rule that requires the issuance of an NOR.
The Commission published a final rule, Requirements Pertaining to
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013),
codified at 16 CFR part 1112 (``part 1112'') and effective on June 10,
2013, which establishes requirements for accreditation of third party
conformity assessment bodies to test for conformity with a children's
product safety rule in accordance with section 14(a)(2) of the CPSA.
Part 1112 also codifies all of the NORs the Commission issued
previously.
All new NORs for new children's product safety rules, such as the
crib bumper/liner standard, require an amendment to part 1112. To meet
the requirement that the Commission issue an NOR for the crib bumper/
liner standard, as part of this NPR, the Commission proposes to amend
the existing rule that codifies the list of all NORs issued by the
Commission to add crib bumpers/liners to the list of children's product
safety rules for which the CPSC has issued an NOR.
Test laboratories applying for acceptance as a CPSC-accepted third
party conformity assessment body to test to the new standard for crib
bumpers/liners would be required to meet the third party conformity
assessment body accreditation requirements in part 1112. When a
laboratory meets the requirements as a CPSC-accepted third party
conformity assessment body, the laboratory can apply to the CPSC to
have 16 CFR part 1240, Safety Standard for Crib Bumpers/Liners,
included in the laboratory's scope of accreditation of CPSC safety
rules listed for the laboratory on the CPSC website at: www.cpsc.gov/labsearch.
X. Proposed Amendment to Definitions in Consumer Registration Rule
The statutory definition of ``durable infant or toddler product''
in section 104(f) applies to all of section 104 of the CPSIA. In
addition to requiring the Commission to issue safety standards for
durable infant or toddler products, section 104 of the CPSIA also
directs the Commission to issue a rule requiring that manufacturers of
durable infant or toddler products establish a program for consumer
registration of those products. 15 U.S.C. 2056a(d).
Section 104(f) of the CPSIA defines the term ``durable infant or
toddler product'' as ``a durable product intended for use, or that may
be reasonably expected to be used, by children under the age of 5
years''; and lists examples of 12 such product categories. The examples
do not include crib bumpers.
(f) DEFINITION OF DURABLE INFANT OR TODDLER PRODUCT. As used in
this section, the term ``durable infant or toddler product''--
(1) means a durable product intended for use, or that may be
reasonably expected to be used, by children under the age of 5 years;
and
(2) includes--
(A) full-size cribs and non-full-size cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and hook-on-chairs;
(D) bath seats;
(E) gates and other enclosures for confining a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.
Id. 2056a(f).
In 2009, the Commission issued a rule implementing the consumer
registration requirement. 16 CFR part 1130. As the CPSIA directs, the
consumer registration rule requires each manufacturer of a durable
infant or toddler product to: Provide a postage-paid consumer
registration form with each product; keep records of consumers who
register their products with the manufacturer; and permanently place
the manufacturer's name and certain other identifying information on
the product. When the Commission issued the consumer registration rule,
the Commission identified six additional products as ``durable infant
or toddler products'':
Children's folding chairs;
changing tables;
infant bouncers;
infant bathtubs;
bed rails; and
infant slings.
16 CFR 1130.2. The Commission stated that the specified statutory
categories were not exclusive, but that the Commission should
explicitly identify the product categories that are covered. The
preamble to the 2009 final consumer registration rule states: ``Because
the statute has a broad definition of a durable infant or toddler
product but also includes 12 specific product categories, additional
items can and should be included in the definition, but should also be
specifically listed in the rule.'' 74 FR 68668, 68669 (Dec. 29, 2009).
On October 19, 2016, the Commission voted to consider crib bumpers
to be durable infant or toddler products and directed staff to develop
a notice of proposed regulation for crib bumpers
[[Page 18888]]
under section 104 of the Consumer Product Safety Improvement Act. In
this document, the Commission proposes to amend the definition of
``durable infant or toddler product'' in the consumer registration rule
to clarify that crib bumpers fall within the term ``durable infant or
toddler product'' as used in the product registration card rule and
section 104 of the CPSIA. Crib bumpers are intended for, and reasonably
expected to be used by, children under age 5. They are used with cribs,
a product the CPSIA identifies as an example of a durable infant or
toddler product. Like the other product categories, crib bumpers are
covered by voluntary standard.
XI. Incorporation by Reference
The Commission proposes to incorporate by reference ASTM F1917-12,
with modifications to the standard, discussed above. The Office of the
Federal Register (OFR) has regulations concerning incorporation by
reference. 1 CFR part 51. For a proposed rule, agencies must discuss in
the preamble of the NPR ways that the materials the agency proposes to
incorporate by reference are reasonably available to interested persons
or how the agency worked to make the materials reasonably available. In
addition, the preamble of the proposed rule must summarize the
material. 1 CFR 51.5(a).
In accordance with the OFR's requirements, section VI of this
preamble summarizes the provisions of ASTM F1917-12 that the Commission
proposes to incorporate by reference. ASTM F1917-12 is copyrighted. By
permission of ASTM, the standard can be viewed as a read-only document
during the comment period on this NPR, at: https://www.astm.org/cpsc.htm. Interested persons may also purchase a copy of ASTM F1917-12
from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West
Conshohocken, PA 19428; https://www.astm.org/cpsc.htm. One may also
inspect a copy at CPSC's Division of the Secretariat, U.S. Consumer
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda,
MD 20814, telephone 301-504-7923.
XII. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of the
final rule. 5 U.S.C. 553(d). The Commission proposes to incorporate by
reference ASTM F1917-12, with modifications. To allow time for bumper
manufacturers to bring their products into compliance after a final
rule is issued, the Commission proposes that the rule would take effect
6 months after publication of the final rule in the Federal Register.
The rule would apply to products manufactured or imported on or after
that date. Barring evidence to the contrary, the Commission generally
considers 6 months to be sufficient time for suppliers to come into
compliance with a new standard. Six months is also the period that JPMA
typically allows for products in its certification program to shift to
a new standard once that new standard is published. CPSC invites
comments, particularly from small businesses, regarding the amount of
time they will need to come into compliance. We also propose a 6-month
effective date for the amendments to parts 1112 and 1130.
XIII. Regulatory Flexibility Act
A. Introduction
Under Section 603 of the RFA, if a notice of proposed rulemaking is
required, agencies must prepare an initial regulatory flexibility
analysis (IRFA) and make it available to the public for comment when
the general notice of proposed rulemaking is published, unless the head
of the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The IRFA
must describe the impact of the proposed rule on small entities and
identify significant alternatives that could accomplish the statutory
objective while minimizing any significant economic impact.
Specifically, the IRFA must contain:
A description of the reasons why action by the agency is
being considered;
a succinct statement of the objectives of, and legal basis
for, the proposed rule;
a description of and, where feasible, an estimate of the
number of small entities to which the proposed rule will apply;
a description of the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule, including an
estimate of the classes of small entities subject to the requirements
and the type of professional skills necessary for the preparation of
reports or records; and
an identification, to the extent possible, of all relevant
federal rules which may duplicate, overlap, or conflict with the
proposed rule.
B. Market Description
Crib bumpers range in price from $12 to $500, and also are sold in
bedding sets, which can range in price from $80 to $1,200.
Manufacturers typically produce only a few models with differences in
color, art design, cover material, and filling material being the
primary identifying factors. Those products at the higher end of the
price range typically are decorated with detailed paint or woven art.
C. Objectives and Legal Basis for Proposed Rule
The objective of this proposed rule is to reduce the risk of injury
and death associated with crib bumpers. CPSC staff identified 113
fatalities from 1990 to March 2019 and 113 nonfatal incidents from 2008
to 2019 associated with crib bumpers.
The legal basis of the proposed rule is Section 104 of the CPSIA,
which requires the CPSC to examine and assess the effectiveness of any
voluntary consumer product safety standards for durable infant or
toddler products, and promulgate consumer product safety standards that
are substantially the same as the voluntary standards or more stringent
than the voluntary standards, if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the products.
D. Crib Bumpers in Use
Based on information from the 2013 CPSC Durable Nursery Products
Exposure Survey of U.S. households with children under 6 years old:
An estimated 9.2 million cribs were in use in households
with young children in 2013. This represented about 73 percent of the
estimated 12.6 million total cribs owned by households (i.e., about 3.4
million cribs were owned, but not in use).
Among the 9.2 million cribs in use, an estimated 5.3
million were equipped with bumpers. This represents about 55 percent of
the 9.9 million total bumpers owned by households (i.e., about 4.5
million bumpers were owned, but not in use).
In addition to the products in use in households with young
children, as estimated from the survey, cribs and bumpers are probably
in use in some households without young children (e.g., unsurveyed
homes of older adults providing care for grandchildren). Additionally,
the survey did not cover child care facilities. One childcare industry
group's 2018 directory lists more than 115,000 licensed childcare
centers and more than 137,000 home daycare providers, some of which may
use cribs and bumpers. Furthermore, the survey did not cover hotels or
other commercial lodging establishments. The U.S. Bureau of Labor
Statistics (BLS)
[[Page 18889]]
reports that there are about 70,000 lodging establishments in the
accommodation industry sector, North American Industry Classification
System (NAICS) code 721. Based on the Commission's contacts with
childcare and lodging facilities, bumper usage in such establishments
is probably low.
E. Small Entities to Which the Proposed Rule Would Apply
Manufacturers of crib bumpers are typically categorized under the
NAICS category 314120 (Curtain and Linen Mills) but may also fall under
code 314999 (All Other Miscellaneous Textile Product Mills). Curtain
and linen mills are considered small if they have fewer than 750
employees; miscellaneous textile product mills are considered small if
they have fewer than 500 employees.\17\ Importers of crib bumpers are
typically categorized under NAICS code 423220 (Home Furnishing Merchant
Wholesalers) and would be considered small if they have fewer than 100
employees.
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\17\ The size guidelines are established by the U.S. Small
Business Administration (SBA).
---------------------------------------------------------------------------
Aside from small handcrafters selling products on electronic
commerce websites, staff identified 46 manufacturers, distributors and
importers. A total of 33 of these 46 firms meet the SBA criteria for
small businesses.18 19 20 A majority of the 46 firms have
under 25 employees with 8 firms meeting the criteria of a large firm.
Most of the firms are domestic manufacturers (28), with domestic
importers (7) and domestic distributors (6) accounting for a small
minority. The lowest annual revenue among the 46 manufacturers,
distributors, and importers was $135,000.
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\18\ Based on size and revenue data from Reference USA and firm
financial reports, websites, and press releases.
\19\ The Commission could not determine the status of five
firms, but they are most likely small.
\20\ Eleven of the forty-six firms identified supply mesh liner
or similar mesh type products.
---------------------------------------------------------------------------
A large number of producers supply crib bumpers to the U.S. market
via electronic commerce websites such as Etsy. CPSC staff has
identified 174 of these firms of which 86 are
importers.21 22 CPSC staff considered these firms as small
manufacturers/importers because many are one-person firms providing
handcrafted nursery products with large varieties in materials and
designs. These firms would be considered small by SBA size standards.
The revenues for 81 of the small importers is most likely below $25,000
based estimates from the Nonemployer Statistics from the U.S. Bureau of
the Census. Of the five remaining small importers, one has annual
revenue between $25,000 and $250,000 and the revenue of the other four
is between $250,000 and $500,000.
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\21\ Based on a review of electronic commerce websites that
specialize in handmade products.
\22\ Approximately 90 percent of these small handcrafters
provide traditional crib bumpers with mesh liner handcrafters
accounting for only 4.6 percent.
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F. Requirements of the Proposed Rule
The proposed rule would incorporate by reference ASTM F1917-12 with
modifications that CPSC believes may further reduce the risk of injury.
The proposed rule would also make some changes to the definitions and
terminology used in the standard to better clarify the requirements. If
promulgated by the Commission, the proposed rule would, among other
things:
Establish a crib bumper firmness test that is partly
adopted from the Australian/New Zealand Standard (AS/NZS 8811.1) for
testing infant products. The test involves using a test fixture to
measure firmness of the crib bumper at multiple points along its
length.
Establish maximum lengths for the attachments means and
decorative components on bumper pads;
Establish that the requirements for the length of
attachment means and decorative components shall apply both before and
after testing;
Prohibit the use of monofilament thread;
Establish a minimum thickness for accessible, unsupported
vinyl material;
Establish a test for limiting the maximum thickness of all
crib bumpers;
Establish a crib bumper airflow requirement and test
method;
Establish minimum strength requirements for attachment
means and decorative components;
Establish a strength requirement for bumper seams;
Require crib bumpers to have labels identifying the
manufacturer, distributor, or seller;
Establish requirements for appropriate warning labels on
crib bumpers;
Establish requirements for the permanence of the warning
labels;
Require instructional literature to be provided with crib
bumpers detailing the proper installation methods and the hazards
associated with the crib bumpers;
Establish a test to ensure the bumper remains securely
attached to the crib side. The test involves inserting a probe between
the crib bumper and the crib slat.
In addition to the requirements outlined above, the proposed rule
would modify or clarify some of the terms and definitions used in ASTM
F1917-12. For example, the proposed rule would consistently refer to
``crib bumpers/liners'' and not ``bumper pads,'' ``bumper guards,'' and
similar terms that are sometimes used in ASTM F1917- 2. The proposed
rule would also clarify the definitions of terms such as ``crib bumper/
liner,'' and ``conspicuous.''
G. Impact of Proposed Rule on Small Manufacturers
If the proposal is finalized, manufacturers and importers of crib
bumpers would be responsible for ensuring that their products comply
with the rule. If their crib bumpers do not comply with the
requirements, the manufacturers or importers will need to either modify
the products or cease their manufacture or importation. Additionally,
as required by section 14 of the CPSIA and its implementing
regulations, manufacturers and importers of crib bumpers would be
required to certify that their crib bumpers comply with the
requirements of the proposed rule based on the results of third party
testing by an accredited conformity assessment body.
In 2018, CPSC collected a sample of crib bumpers to test them for
compliance with the proposed rule. Although not a probability sample,
CPSC tried to collect a wide variety of crib bumpers that included most
types of crib bumpers that are available in the market place, including
crib bumpers from the very small manufacturers or hand crafters.
Although most of these crib bumpers would comply with many of the
provisions of the proposed rule, the testing found that most models (7
out of 11 models tested) would not pass the proposed firmness test.
Additionally, many models would need to modify their warning labels'
content, placement, and formatting to comply with the proposed rule. An
air flow requirement that differentiates mesh liners from padded crib
bumpers could effectively result in removing most padded crib bumpers
from the market. The total size of the impact is dependent on the
padded crib bumper product(s) share of revenue or consumer preferences.
Staff identified one firm whose sole product is a crib bumper but it is
unclear if this product would meet an air flow requirement due to its
design. Some manufacturers of padded crib bumpers may be able to remove
the padding or change the design of their products to meet the
requirement.
[[Page 18890]]
H. Costs Associated With Modifying Products To Comply With the Proposed
Rule
Modifying most types of crib bumper designs to conform to the
firmness requirement could be as simple as removing some of the filling
material used in the bumper pad or using additional stitching to
compact the loose fill material. The cost of making such modifications
should not be significant. However, the braided type of crib bumper
would likely fail the firmness requirement because the results depended
upon where on the product it was tested. It is unclear if braided
bumpers could be modified to meet this requirement. Moreover, the
braided crib bumpers CPSC examined did not have any means by which they
could be attached to the crib, which is also a requirement of the
proposed rule.\23\ This implies that the proposed rule may result in
the removal of braided crib bumpers from commerce. All firms identified
as supplying braided bumpers are importers and not domestic
manufacturers and represent approximately 6 percent of the identified
importers.\24\ An airflow requirement that differentiates mesh liners
from padded crib bumpers could effectively result in removing most
padded crib bumpers from the market. Some manufacturers of padded crib
bumpers may be able to remove the padding or change the design of their
products to meet the requirement.
---------------------------------------------------------------------------
\23\ Some braided crib bumper manufacturers have begun modifying
their product to include a means to attach the product to the side
of a crib as of May 2019.
\24\ Currently total annual revenue and unit sales of braided
bumpers is unknown but total annual revenue is expected to be under
$150,000 as braided bumper importers appear to be firms with 1 to 2
employees.
---------------------------------------------------------------------------
Generally, the costs associated with providing instructional
materials are low on a per unit basis. Many firms already provide
instructions with their products, but they may have to change the
content or formatting of the instructions to comply. Likewise, the cost
of warning labels are generally low, especially if some warning labels
are already present and the product itself does not have to be modified
to accommodate new labels.
I. Third Party Testing Costs
The proposed rule would require all manufacturers and importers of
crib bumpers to meet third party testing requirements under section 14
of the CPSA and 16 CFR part 1107.\25\ The Commission estimates that
testing costs associated with testing to ASTM F1917-12 would be between
$750 and $1,250 per sample tested.\26\ As the average number of crib
bumper models per firm is two, this equates to a cost of at least
$1,500 to $2,500 per firm, if no more than one sample per model to
provide the required ``high degree of assurance'' that the model
complies with the requirements. Under 16 CFR part 1107, manufacturers
and importers will need to recertify their crib bumpers at least
annually, unless the firm has also established a formal reasonable
testing program, in which case they will have to recertify their crib
bumpers at least every two years. Currently 21 of 207 small crib bumper
manufacturers and importers are members of the JPMA, but it is unclear
if any crib bumpers are certified to ASTM F1917-12. However, some of
these firms produce other products that are already subject to other
children's product safety rules and, therefore, familiar with these
requirements. Many of the small firms that are not members of JPMA or
that do not produce other products subject to children's product safety
rules may be unfamiliar with the third party testing requirements.
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\25\ Third party testing will include any physical and
mechanical test requirements specified in the final crib bumper
rule.
\26\ Based on quotes from testing laboratories that currently
test children's products to ASTM standards.
---------------------------------------------------------------------------
As noted, for a typical manufacturer or importer with two crib
bumper models, the cost of third party testing will be at least $1,500
to $2,500 to test and certify both models and this cost will be
incurred at least once every other year. Generally, we consider impacts
that exceed one percent of revenue to be potentially significant. As
discussed above there are a substantial number of very small firms that
either hand craft or import crib bumpers that are often sold through
websites, such as Etsy.com, and more than three quarters of these very
small firms are estimated to have annual revenues of less than $25,000.
Even if these firms needed to test only one sample of each crib bumper
to obtain the ``high degree assurance'' that the product would meet all
the requirements of the rule, the cost of the third party testing would
be at least 5 percent of one year's revenue and possibly more if their
revenue was much less than $25,000. This impact would be significant.
Many of these firms could be expected to stop supplying crib bumpers to
the U.S. market because they are not able to increase their prices to
cover the testing costs.
The cost of the third party testing associated with the proposed
rule could also be significant for small firms that are not among the
very small firms discussed above. CPSC identified 13 small
manufacturers and one importer of crib bumpers that have annual
revenues between $25,000 and $250,000. If the third party testing costs
are between $1,500 and 2,500, the cost could exceed one percent of the
annual revenue of several of these firms as well and could be
considered significant.
J. Summary of Impact on Small Manufacturers and Importers
Because a majority of crib bumper firms supply padded crib bumpers,
the air flow requirement could have an impact on a substantial number
of small firms if they are unable to modify their products.\27\ Staff
identified a total of 207 small manufacturers and importers that an air
flow requirement could impact. The size of the impact would depend upon
factors such as the cost to modify the products, the importance of
padded crib bumpers to the firm in terms of revenue, or consumer
preference for a padded crib bumper over a thin mesh liner. Nearly all
firms supplying the U.S. market with crib bumpers also supply other
infant products including, but not limited to crib mattresses, crib
sheets, and blankets.\28\ CPSC expects that most crib bumpers currently
on the market would comply with the other requirements of the proposed
rule or could comply with minimal cost and effort by making
modifications, such as modifying the language in the instructional
material that already comes with the products, removing loose fill
material and or using additional stitching. However, braided bumpers
would likely fail the test requirements in the proposed rule and would
be removed from the market. This could significantly impact the firms
that supply braided crib bumpers. As noted above, the cost of the third
party testing that manufacturers and importers would require in order
to certify compliance with the rule could be significant for a
substantial number of small firms as the third party testing costs
could easily exceed one percent of annual revenues for many of the
small suppliers. For small handcrafter firms that offer crib bumpers
through channels such as Etsy.com the third party testing costs will
likely exceed 5 percent of their total annual revenue.
---------------------------------------------------------------------------
\27\ Approximately 90 percent of small handcrafter firms provide
traditional padded bumpers.
\28\ Staff identified one firm that only produces crib bumper
products.
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[[Page 18891]]
K. Other Federal Rules Which May Duplicate, Overlap, or Conflict With
the Proposed Rule
CPSC has not identified any other federal rules that duplicate,
overlap, or conflict with the proposed rule.
L. Alternatives Considered To Reduce the Impact on Small Entities
1. Adopt ASTM F1917-12 Without Modification. The Commission could
propose to incorporate by reference ASTM F1917-12 without any
modifications and direct staff to work with ASTM to improve warning
labels, test methods, and the firmness of crib bumpers in a future
revision of the voluntary standard. This alternative could reduce the
impact of the rule on small businesses, but the reduction would not be
expected to be very significant. As discussed in the analysis above,
modifying crib bumpers to comply with the firmness requirement could be
accomplished by reducing the amount of filler material or by
incorporating additional stitching to compress the material. These
modifications are not expected to be costly. Likewise the costs to
modify or add warning labels or instructional material are expected to
be low. The most significant impacts of the proposed rule would be
associated with the third party testing requirements under section 14
of the CPSA and 16 CFR part 1107, which would be required once the
proposed rule became a mandatory children's product safety rule. These
costs, however, would be largely unaffected by this alternative.
2. Small Batch Exemption. Given the number of small crib bumper
manufacturers using websites like Etsy, exempting small batch
manufacturers from the testing requirements proposed under the rule
might seem to be an alternative. However, under Section 14(d)(4)(C)(ii)
of the CPSA, the Commission cannot ``provide any alternative
requirements or exemption'' from third party testing for ``durable
infant or toddler products,'' as defined in section 104(f) of the
CPSIA. Consequently, the Commission is not proposing a small batch
exemption.
3. Reduce the Frequency of Periodic Testing for Very Small Crib
Bumper Manufacturers. The Commission could amend 16 CFR part 1107 to
reduce the frequency of periodic testing for small home-based
businesses that produce crib bumpers. Currently, under the requirements
of 16 CFR 1107.21, these firms need to conduct periodic third party
tests every year, or, if they have a formal production testing plan,
every 2 years. The testing costs associated with third party periodic
testing could be substantially reduced if the Commission amended
existing regulations to allow small home-based producers of crib
bumpers to conduct periodic testing less frequently. One alternative
for manufacturers with established production testing plans, would be
to require third party periodic testing only after a certain number of
units of a product (to be determined at a later time) had been
produced, even if it meant that periodic third party tests would be
conducted less frequently than every 2 years. The details of this
alternative would be determined by the Commission; it might apply to
all nursery products, or it might be limited to crib bumpers. However,
all home-based firms would still be required to: (1) Produce conforming
products; (2) conduct the initial certification tests (16 CFR 1107.20);
(3) re-certify whenever there is a material change to the product (16
CFR 1107.23); and (4) implement a production testing plan and conduct
on going production tests (16 CFR 1107.21(c)).
4. Delay the Effective Date of the Requirements. Typically, the
Commission recommends an effective date of 6 months for durable nursery
product rules. Six months is generally considered sufficient time for
suppliers to come into compliance with a proposed durable infant and
toddler product rule, unless there are specific reasons for a longer
effective date. One alternative that could reduce the impact on small
firms would be to set an effective date of 12 months. A later effective
date could mitigate the effects of the rule on small businesses by
delaying the need to conduct third party certification tests and
allowing the businesses to spread the costs of bringing their crib
bumpers into conformance over a longer period of time. For businesses
that would choose to exit the crib bumper market (rather than produce
conforming products), such a delay might also provide them with more
time to adjust marketing towards other product offerings, sell
inventory or consider alternative business opportunities.
5. Not Issue a Mandatory Standard. Another option available to the
Commission that would reduce the burden on small firms is to not adopt
a mandatory standard for crib bumpers. This would eliminate the cost
impacts described in the previous sections, including those associated
with third party testing, and allow the small handcrafter firms to
continue operations.
M. Impacts of Test Laboratory Accreditation Requirements on Small
Laboratories
In accordance with section 14 of the CPSA, all children's products
that are subject to a children's product safety rule must be tested by
a third party conformity assessment body that has been accredited by
CPSC. These third party conformity assessment bodies test products for
compliance with applicable children's product safety rules. Testing
laboratories that want to conduct this testing must meet the NOR for
third party conformity testing. CPSC has codified NORs in 16 CFR part
1112. The Commission proposes to amend 16 CFR part 1112 to establish an
NOR for testing laboratories to test for compliance with the proposed
crib bumper standard. This section assesses the impact a proposed
amendment would have on small laboratories.
CPSC conducted a final regulatory flexibility analysis (FRFA) when
it adopted part 1112. 78 FR 15836 (Mar. 12, 2013). The FRFA concluded
that the accreditation requirements would not have a significant
adverse impact on a substantial number of small laboratories because no
requirements were imposed on laboratories that did not intend to
provide third party testing services. The only laboratories CPSC
expects to provide such services are laboratories that anticipated
receiving sufficient revenue from the mandated testing to justify
accepting the requirements as a business decision.
For the same reasons, including the NOR for crib bumpers in part
1112 would not have a significant impact on small laboratories.
Moreover, CPSC expects that only a small number of laboratories would
request accreditation to test crib bumpers, based on the number of
laboratories that have applied for CPSC accreditation to test other
juvenile products. Most laboratories would already have accreditation
to test for conformance to other juvenile product standards;
accordingly, the only cost would be to add the crib bumper standard to
their accreditation. Test laboratories have indicated that this cost is
extremely low when they are already accredited for other CPSIA section
104 rules. Therefore, the Commission certifies that the NOR for the
crib bumper standard will not have a significant impact on a
substantial number of small entities.
XIV. Environmental Considerations
The Commission's regulations address whether the agency must
prepare an environmental assessment or an environmental impact
statement. Under
[[Page 18892]]
these regulations, certain categories of CPSC actions normally have
``little or no potential for affecting the human environment,'' and
therefore, do not require an environmental assessment or an
environmental impact statement. Safety standards providing requirements
for products come under this categorical exclusion. 16 CFR
1021.5(c)(1). The proposed rule falls within the categorical exclusion.
XV. Paperwork Reduction Act
This proposed rule contains information collection requirements
that are subject to public comment and review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3521). In this document, pursuant to 44 U.S.C.
3507(a)(1)(D), we set forth:
[ssquf] A title for the collection of information;
[ssquf] a summary of the collection of information;
[ssquf] a brief description of the need for the information and the
proposed use of the information;
[ssquf] a description of the likely respondents and proposed frequency
of response to the collection of information;
[ssquf] an estimate of the burden that shall result from the collection
of information; and
[ssquf] notice that comments may be submitted to the OMB.
Title: Safety Standard for Crib Bumpers/Liners.
Description: The proposed rule would require crib bumpers/liners to
comply with ASTM F1917-12, Standard Consumer Safety Performance
Specification for Infant Bedding and Related Accessories, with several
modifications, including modifications to their existing labels and new
requirements for the provision of instructional literature. Section 8
of ASTM F1917-12 contains requirements for marking and labeling.
Proposed section 9 contains requirements for instructional literature.
These requirements fall within the definition of ``collection of
information,'' as defined in 44 U.S.C. 3502(3).
Description of Respondents: Persons who manufacture or import crib
bumpers/liners.
Estimated Burden: We estimate the burden of this collection of
information as follows:
Table 1--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Hours per Total burden
Burden type respondents responses responses response hours
----------------------------------------------------------------------------------------------------------------
Labeling........................ 220 2 440 1 440
Instructional literature........ 220 2 8,800 20 8,800
-------------------------------------------------------------------------------
Total Burden................ .............. .............. .............. .............. 9,240
----------------------------------------------------------------------------------------------------------------
Our estimate is based on the following:
There are 220 known entities supplying crib bumpers/liners to the
U.S. market. All 220 firms are assumed to use labels already on both
their products and their packaging, but the firms might need to make
some modifications to their existing labels. The estimated time
required to make these modifications is about 1 hour per model. Each
entity supplies an average of two different models of crib bumper/
liner; therefore, the estimated burden associated with labels is 1 hour
per model x 220 entities x 2 models per entity = 440 hours. We estimate
the hourly compensation for the time required to create and update
labels is $34.61 (U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' March 2019, total compensation for all sales
and office workers in goods-producing private industries, series id
CMU201G000200000D: https://www.bls.gov/ncs/). Therefore, the estimated
annual cost to industry associated with the labeling requirements is
$15,228.20 ($34.61 per hour x 440 hours = $15,228.20). There are no
operating, maintenance, or capital costs associated with the
collection. The proposed rule would require instructions to be supplied
with the product. Under the OMB's regulations (5 CFR 1320.3(b)(2)), the
time, effort, and financial resources necessary to comply with a
collection of information that would be incurred by persons in the
``normal course of their activities'' are excluded from a burden
estimate, where an agency demonstrates that the disclosure activities
required to comply are ``usual and customary.'' Crib bumpers/liners
require installation on an existing crib, which implies instructions
for proper use, fit, position on a crib, and cleaning are necessary.
Many of the firms already provide some instructional material, but some
modifications to existing material may be necessary, and other firms
supply little to no instructional information. Therefore, we have
assumed that there will be a burden to all firms of modifying/creating
instructional literature in this case. Each entity supplies an average
of two different models of crib bumper/liner; therefore, the estimated
burden associated with instructional literature is 20 hour per model x
220 entities x 2 models per entity = 8,800 hours. We estimate the
hourly compensation for the time required to create and update
instructional material is $34.61 (U.S. Bureau of Labor Statistics,
``Employer Costs for Employee Compensation,'' March 2019, total
compensation for all sales and office workers in goods-producing
private industries, series id CMU201G000200000D: https://www.bls.gov/ncs/). Therefore, the estimated annual cost to industry associated with
the instructional material requirements is $304,568 ($34.61 per hour x
8,800 hours = $304,568). There are no operating, maintenance, or
capital costs associated with the collection. Not all firms would incur
these costs every year, but new firms that enter the market would and
the market may be highly fluctuating, particularly for small
handcrafters.
Based on this analysis, the proposed standard for crib bumpers/
liners would impose a burden to industry of 9,240 hours, at an
estimated cost of $319,796.40 annually.
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted the information collection requirements of
this rule to the OMB for review. Interested persons are requested to
submit comments regarding information collection by May 4, 2020, to the
Office of Information and Regulatory Affairs, OMB (see the ADDRESSES
section at the beginning of this document).
Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
[ssquf] The estimated burden hours required to modify warning labels;
[ssquf] the estimated burden hours required to modify instruction
manuals;
[[Page 18893]]
[ssquf] whether the collection of information is necessary for the
proper performance of the CPSC's functions, including whether the
information will have practical utility;
[ssquf] the accuracy of the CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
[ssquf] ways to enhance the quality, utility, and clarity of the
information to be collected;
[ssquf] ways to reduce the burden of the collection of information on
respondents, including the use of automated collection techniques, when
appropriate, and other forms of information technology.
XVI. Preemption
Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a
consumer product safety standard is in effect and applies to a product,
no state or political subdivision of a state may either establish or
continue in effect a standard or regulation that prescribes
requirements for the performance, composition, contents, design,
finish, construction, packaging, or labeling of such product dealing
with the same risk of injury unless the state requirement is identical
to the federal standard. Regulations or laws lacking performance or
design requirements enacted by a state or a political subdivision of a
state are not subject to this section. Section 26(c) of the CPSA also
provides that states or political subdivisions of states may apply to
the Commission for an exemption from this preemption under certain
circumstances. Section 104(b) of the CPSIA refers to the rules to be
issued under that section as ``consumer product safety rules.''
Therefore, the preemption provision of section 26(a) of the CPSA would
apply to a rule issued under section 104.
XVII. Request for Comments
This NPR begins a rulemaking proceeding under section 104(b) of the
CPSIA to issue a consumer product safety standard for crib bumpers, to
amend part 1112 to add crib bumpers to the list of children's product
safety rules for which the CPSC has issued an NOR, and to amend part
1130 to identify crib bumpers as a durable infant or toddler product
subject to CPSC consumer registration requirements. We invite all
interested persons to submit comments on any aspect of this proposal.
In addition to requests for specific comments elsewhere in this NPR,
the Commission requests comments on the proposed effective date, and
the costs of compliance with, and testing to, the proposed crib bumper
safety standard. Furthermore, the Commission invites comments on the
following:
1. Is the 2 inch maximum thickness requirement and the related test
method sufficient?
2. With regard to the firmness requirements and related test
methods: Potential facial conformity test devices and methods, such as
mechanical test surrogates; recommendations for a more anthropomorphic
test method; the repeatability of the proposed firmness test; the
validity of the proposed firmness requirements and related test
methods.
3. Is an airflow performance requirement based on the airflow
characteristics of typical mesh bumpers protective enough to eliminate
the risks of suffocation against a crib bumper?
4. What further modifications to the British air flow test method
(BS 4568:1970) would enhance the repeatability and validity of the
airflow test requirement for crib bumpers?
5. Is there an alternative test method, such as ASTM D737-18,
Standard Test Method for Air Permeability of Textile Fabrics, that can
be correlated with results from the British Standard, as modified, and
would adoption of this alternative test method offer benefits?
6. If the Commission adopts an airflow performance requirement,
what effect will this have on the need for the proposed thickness and
firmness tests and will the proposed warnings and instructions need to
be modified?
7. Is there evidence that demonstrates that climb-out rates are
higher when crib bumpers or mesh liners are installed in a crib, and
should the Commission require the new warnings about removal of the
product and climbing out?
8. Does having an airflow performance requirement for crib bumpers
adversely affect public education about safe sleep best practices?
9. Is there any research into air permeability, breathability,
infants' oxygen and carbon dioxide levels, rebreathing, anatomical
features, airway openings, respiratory rates and volumes, anthropometry
of facial features such as nasal deformation against crib bumpers,
effects of exhaled moisture and saliva on the air permeability of
fabric and mesh bumpers, patterns of gas dispersal within a crib, or
other related topics that the Commission should consider?
10. Are there reports of incidents or injuries associated with
vertical bumpers? What is the recommended user population, market size
and expected, useful lifespan of vertical bumpers? What design
characteristics of vertical bumpers are critical for safety, such as
shape, thickness, fill materials, and attachment means? Are there any
requirements in this proposal from which vertical bumpers should be
exempt and why? Are there any test methods that need to be modified for
testing vertical bumpers?
11. A central purpose of the Consumer Product Safety Act is ``to
develop uniform safety standards for consumer products and to minimize
conflicting State and local regulations.'' See 15 U.S.C. 2051(b)(3).
Given this mandate, what should the preemptive effect of any regulation
promulgated under this rulemaking be?
12. Should the Commission consider an effective date of 12 months
for any regulation promulgated under this rulemaking?
13. Should CPSC consider any other alternatives to reduce the
impact on small entities?
14. On October 19, 2016, the Commission voted to initiate
rulemaking under section 104 of the Consumer Product Safety Improvement
Act (CPSIA) to address the risk of injury or death associated with the
use of crib bumpers. Do crib bumpers and liners meet the definition of
``durable product''? What are the anticipated legal challenges to
pursuing rulemaking under this authority?
15. Many outside groups have advocated for an outright ban of crib
bumpers and liners. Does CPSC have jurisdiction under Section 104 to
ban this product category? If not, may CPSC promulgate a rule declaring
such products a banned hazardous product under Section 8 of the CPSIA,
15 U.S.C. 2057?
During the comment period, the ASTM F1917-12 Standard Consumer
Safety Performance Specification for Infant Bedding and Related
Accessories, is available as a read-only document at: https://www.astm.org/cpsc.htm.
Comments should be submitted in accordance with the instructions in
the ADDRESSES section at the beginning of this document.
List of Subjects
16 CFR Part 1112
Administrative practice and procedure, Audit, Consumer protection,
Reporting and recordkeeping requirements, Third party conformity
assessment body.
16 CFR Part 1130
Administrative practice and procedure, Business and industry,
Consumer protection, Reporting and recordkeeping requirements.
[[Page 18894]]
16 CFR Part 1240
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, and Toys.
For the reasons discussed in the preamble, the Commission proposes
to amend 16 CFR Chapter II as follows:
PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES
0
1. The authority citation for part 1112 continues to read as follows:
Authority: 15 U.S.C. 2063; Pub. L. 110-314, section 3, 122 Stat.
3016, 3017 (2008).
0
2. Amend Sec. 1112.15 by adding paragraph (b)(50) to read as follows:
Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule or test method?
* * * * *
(b) * * *
(50) 16 CFR part 1240, Safety Standard for Crib Bumpers/Liners.
* * * * *
PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT
OR TODDLER PRODUCTS
0
3. The authority citation for part 1130 continues to read as follows:
Authority: 15 U.S.C. 2056a, 2065(b).
0
4. Amend Sec. 1130.2 by adding paragraph (a)(18) to read as follows:
Sec. 1130.2 Definitions.
* * * * *
(a) * * *
(18) Crib bumpers/liners.
* * * * *
0
5. Add part 1240 to read as follows:
PART 1240--SAFETY STANDARD FOR CRIB BUMPERS/LINERS
Sec.
1240.1 Scope.
1240.2 Requirements for crib bumpers/liners.
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14,
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).
Sec. 1240.1 Scope.
This part establishes a consumer product safety standard for crib
bumpers/liners.
Sec. 1240.2 Requirements for crib bumpers/liners.
(a) Except as provided in paragraph (b) of this section, each crib
bumper/liner must comply with all applicable provisions of ASTM F1917-
12, Standard Consumer Safety Performance Specification for Infant
Bedding and Related Accessories, approved on July 1, 2012. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West
Conshohocken, PA 19428; https://www.astm.org/cpsc.htm. You may inspect a
copy at the Division of the Secretariat, U.S. Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814,
telephone 301-504-7923, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) Comply with ASTM F1917-12 with the following additions or
exclusions:
(1) Instead of complying with section 3.1.1 of ASTM F1917-12,
comply with the following:
(i) 3.1.1 attachment means. n--flexible ribbons, strings, hook and
loop straps, ties, and similar devices attached to a crib bumper/liner
for the purpose of attaching to a crib.
(ii) [Reserved]
(2) Instead of complying with section 3.1.4 of ASTM F1917-12,
comply with the following:
(i) 3.1.4 infant bedding and related accessories, n--includes the
following items intended for use in a nursery: Fitted sheets, blankets,
dust ruffles, covers and drapes for canopies, pillows, mattress covers,
diaper stackers, fabric wall hangings, crib bumpers/liners, and
comforters.
(ii) Reserved
(3) In addition to complying with section 3.1.6 of ASTM F1917-12,
comply with the following:
(i) 3.1.7 conspicuous, adj--visible, when the product is in all
manufacturer's recommended use positions, to a person standing near the
product at any one position around the product, but not necessarily
visible from all positions.
(ii) 3.1.8 crib bumper/liner, n--any product intended to be placed
against any portion of the interior perimeter of a crib, and that
reduces or eliminates an infant's access to the crib sides, slats,
spindles, or the spaces between these components.
(iii) 3.1.8.1 Discussion--Such products are commonly referred to as
crib bumpers, crib liners, mesh liners, bumper pads, bumper guards, and
headboard panels, but do not include products intended to cover only
the top horizontal rail of a crib.
(4) Instead of complying with section 5.1 of ASTM F1917-12, comply
with the following:
(i) 5.1 Attachment means on crib bumpers/liners shall not exceed
9.0 in. (230 mm) both before and after 7.4.1 testing when measured in
accordance with 7.1.
(ii) [Reserved]
(5) Instead of complying with section 5.2 of ASTM F1917-12, comply
with the following:
(i) 5.2 Decorative components as defined in 3.1.2 shall not exceed
7 in. (180 mm) when measured in accordance with 7.1. If any decorative
components can tangle to form a loop, then the perimeter of the loop
shall not exceed 14 in. (360 mm) when tested in accordance with 7.1.
These requirements shall apply both before and after 7.4.3 testing.
(ii) [Reserved]
(6) Instead of complying with section 5.4 of ASTM F1917-12, comply
with the following:
(i) 5.4 Labeling--Warning labels (whether paper or non-paper) shall
be permanent when tested in accordance with 7.5.
(ii) 5.4.1 Warning statements applied directly onto the surface of
the product by hot stamping, heat transfer, printing, wood burning, and
so forth shall be permanent when tested in accordance with 7.6.
(iii) 5.4.2 Non-paper labels shall not liberate small parts when
tested in accordance with 7.6.
(iv) 5.4.3 Crib bumper/liner warning labels that are attached to
the fabric with seams shall remain in contact with the fabric around
the entire perimeter of the label, when the product is in all
manufacturer-recommended use positions, when tested in accordance with
7.5.3.
(7) Instead of complying with section 6.2 of ASTM F1917-12, comply
with the following:
(i) 6.2 Maximum Crib Bumper/Liner Thickness--For all crib bumpers/
liners, each bumper/liner section shall slide through the crib bumper/
liner thickness test fixture (see Fig. 1) over its entire length at a
rate no less than 0.5 inch per second when tested in accordance with
7.3. The bumper shall be tested in its pre-washed state and also after
three wash/dry cycles performed according to the manufacturer's care
instructions.
(ii) Note: Test fixture shall be fabricated from aluminum and have
a smooth finish. The test fixture slot and fillet finish shall be 1.6
Ra.
[[Page 18895]]
[GRAPHIC] [TIFF OMITTED] TP03AP20.008
(8) Instead of complying with section 6.3 of ASTM F1917-12, comply
with the following:
(i) 6.3 Strength of Crib Bumper/Liner Attachments and Seams
(ii) 6.3.1 Attachment Means--Following the testing specified in
7.4.1, the attachment means for a crib bumper/liner shall not fully
detach from the crib bumper/liner. Partial detachment or tearing is
allowed.
(iii) 6.3.2 Seams--Following the testing specified in 7.4.2, no
seam shall have an opening that allows a 0.22-inch diameter steel rod
to enter.
(iv) 6.3.3 Decorative Components--Following the testing specified
in 7.4.3 the decorative component shall not fully detach from the crib
bumper/liner. Partial detachment or tearing is allowed.
(v) 6.4 Crib Bumper/Liner Firmness--For crib bumpers/liners with an
installed thickness of 0.59 in. (15 mm) or greater, no part of the
bumper shall contact the feeler arm of the firmness test fixture (see
Fig. 2), when tested in accordance with 7.7.
[GRAPHIC] [TIFF OMITTED] TP03AP20.009
(vi) 6.5 Crib Bumper/Liner Entrapment in Openings--When tested in
accordance with the head probe test specified in 7.8, no opening shall
allow passage of the small head test probe (Fig. 3). Passage is defined
as admitting the base of the probe.
[[Page 18896]]
[GRAPHIC] [TIFF OMITTED] TP03AP20.010
(vii) 6.6 Crib Bumper/Liner Airflow--When tested in accordance with
the airflow test specified in 7.9, no crib bumper/liner shall measure a
pressure differential of greater than 0.003 inches (0.076 mm)
H2O.
(9) Instead of complying with section 7.3 of ASTM F1917-12,
including Note 1, comply with the following:
(i) 7.3 Crib Bumper/Liner Thickness Test--Align the crib bumper/
liner thickness test fixture so that the surface of the fixture with
the opening is horizontal. Insert a bumper end into the opening so that
the bumper end protrudes just beyond the lower surface of the test
fixture and attach a 5-lb static weight to the midpoint of the
protruding bumper end. Keeping the bumper positioned vertically, allow
the weight to slowly draw the bumper through the opening.
Note 1 to paragraph (b)(9)(i). If the attachment means or other
localized means provided to secure the bumper to the crib interfere
with the bumper sliding through the bumper thickness test fixture,
ease the ties or other attachment means through the fixture and then
continue the test.
(10) Instead of complying with section 7.4 of ASTM F1917-12,
including Note 2, comply with the following:
(i) 7.4 Crib Bumper/Liner Strength Tests--Tensile tests of
attachment means, decorative components, and seams shall be conducted
using clamps as described in 7.4.1, 7.4.2, 7.4.3. The force in each
test shall be applied evenly within a period of 5 s, and maintained for
additional 10 s. The loading device shall be a self-indicating gauge or
other appropriate means having an accuracy of +/-0.5 lb (+/-2 N).
(ii) 7.4.1 Attachment Means Strength--Apply a tensile force of 20
lb on the bumper attachment means by clamping the free end in a
perpendicular direction away from the attachment point to the bumper.
(iii) 7.4.1.1 Attachment means that share a common attachment point
shall be tested together, as if one attachment means.
Note 2 to paragraph (b)(10)(iii). There is no single clamp or
method of attachment specified for the crib bumper/liner attachment
means strength test. Any suitable means may be used to apply the
force specified in 7.4.1.
(iv) 7.4.2 Seams Strength--Apply a tensile force of 20 lb in a
direction most likely to pull the seam apart. The clamps used to grip
the material on either side of the seam to be tested shall have jaws to
which are attached \3/4\-in. (19-mm) diameter washers (see Fig. 4). The
clamps shall be attached to the cover material of a completely
assembled crib liner in a manner such that the outside diameter of the
\3/4\-in. (19-mm) washers at a point nearest the seam shall be close
to, but no closer than \1/2\ in. (13 mm) from the edge of the seam
stitching thread.
(v) 7.4.3 Decorative Components, Attachment Strength--Apply a
tensile force of 20 lb on the decorative component in a perpendicular
direction away from the attachment point of the decorative component to
the crib liner. With the crib liner held in a convenient position, an
appropriate clamp shall be attached to the decorative component. The
clamp shall be applied in a manner that will not affect the structural
integrity of the attachment between the decorative component and the
crib bumper/liner.
[[Page 18897]]
[GRAPHIC] [TIFF OMITTED] TP03AP20.011
(vi) 7.5 Permanency of Labels and Warnings:
(vii) 7.5.1. A paper label (excluding labels attached by a seam)
shall be considered permanent if, during an attempt to remove it
without the aid of tools or solvents, it cannot be removed, it tears
into pieces upon removal, or such action damages the surface to which
it is attached.
(viii) 7.5.2. A non-paper label (excluding labels attached by a
seam) shall be considered permanent if, during an attempt to remove it
without the aid of tools or solvents, it cannot be removed or such
action damages the surface to which it is attached.
(ix) 7.5.3. A warning label attached by a seam shall be considered
permanent if it does not detach when subjected to a 15 lbf (67 N) pull
force applied in any direction most likely to cause failure using a
0.75 in. (19 mm) diameter clamp surface. Gradually apply the force over
5 s and maintain for an additional 10 s.
(xi) 7.6. Adhesion Test for Warnings Applied Directly onto the
Surface of the Product.
(xii) 7.6.1. Apply the tape test defined in Test Methods D3359,
Test Method B--Cross-Cut Tape Test of Test Methods, eliminating
parallel cuts.
(xiii) 7.6.2. Perform this test once in each different location
where warnings are applied.
(xiv) 7.6.3. The warning statements will be considered permanent if
the printing in the area tested is still legible and attached after
being subjected to this test.
(xv) 7.6.4. A non-paper label, during an attempt to remove it
without the aid of tools or solvents, shall not fit entirely within the
small parts cylinder defined in 16 CFR part 1501 if it can be removed.
(xvi) 7.7. Crib Bumper/Liner Firmness Test--Select one side of the
crib bumper/liner. All marks described in this section shall be made at
mid-bumper/liner height. For each crib bumper/liner intended for a
short side of a crib, or segments of a crib bumper/liner intended for a
short side of a crib, mark two points along the bumper/liner length:
One at \1/3\ of the total length, and one at \2/3\ of the total length
(see Figure 5). For each crib bumper/liner intended for a long side of
a crib, or segments of a crib bumper/liner intended for a long side of
a crib, mark three points along the bumper/liner length: \1/4\, \1/2\,
and \3/4\ of the total length (see Figure 5). There will be 10 marks in
total for a single continuous bumper/liner intended to cover all four
sides of a standard full-size rectangular crib. For each crib bumper/
liner intended for a circular crib, divide the total bumper/liner
length into 10 equal segments and mark the centroid of each segment.
For crib bumpers/liners no wider than 8 inches (203 mm), with the long
axis intended to be installed vertically on the crib side, mark the
centroid of the bumper/liner (see Figure 5). Place the center of the
firmness test fixture (Figure 2) on each mark with the feeler arm
oriented in a way that is most likely to contact the bumper/liner
surface when the fixture is set down, such as over a plush
construction. The firmness test fixture may be rotated such that the
feeler arm is in any orientation that is completely over the crib
bumper/liner.
[[Page 18898]]
[GRAPHIC] [TIFF OMITTED] TP03AP20.012
(xvii) 7.7.1. Test Equipment--The Firmness Test Fixture of Figure 2
shall be constructed with the following components:
(xviii) 7.7.1.1. A Bottom Disk with a diameter of 203 mm (7.99
in.), thickness of 15 mm (0.59 in.) with a bottom radius of 1 mm (0.039
in.).
(xix) 7.7.1.2. A Feeler Arm of high speed steel comprising a flat
bar, 12 mm (0.47 in.) wide, 0.51 mm to 0.76 mm (0.02 to 0.03 in.)
thick, with square-cut ends that is positioned over a radial axis of
the Bottom Disk and attached to the Bottom Disk such that the Feeler
Arm overhangs the edge of the Bottom Disk by 40 mm (1.57 in.).
(xx) 7.7.1.3. A Level Indicator attached to the Bottom Disk near
the Feeler Arm, without touching, and such that it indicates level with
minimum accuracy of.11.7 mm/m (0.14 in./ft) parallel to the feeler arm
and does not overhang the edge of the Bottom Disk in a way that
interferes with testing.
(xxi) 7.7.1.4. A Vertical Column with Handle and Collar attached to
the center of the Bottom Disk.
(xxii) 7.7.1.5. Total mass of the Apparatus shall be 5.2 kg (11.5
lb) including all components and fasteners.
(xxiii) 7.7.1.6. Mass of the Bottom Disk shall be not less than 70%
of the total mass.
(xxiv) 7.7.1.7. Vertical height of assembled apparatus shall not
exceed 203.2 mm (8 in.) and the height of the collar shall not exceed
50.8 mm (2 in.) to minimize the bias to the Bottom Disk.
(xxv) 7.7.2. Test Procedure
(xxvi) 7.7.2.1. Preconditioning of Sample--The crib bumper/liner
shall be tested in its pre-washed state and also after three wash/dry
cycles performed according to the manufacturer's care instructions. The
crib bumper/liner shall be conditioned for 48 hours prior to testing in
an environment of 23 +/-2 Celsius (73.4 +/-3.6 Fahrenheit) and a
relative humidity of 50 +/-5%. The crib bumper/liner shall be fully
assembled and dry prior to testing.
(xxvii) 7.7.2.2. Shake the crib bumper/liner to aerate and
distribute any filling materials evenly. Allow the crib bumper/liner to
settle for 5 minutes.
(xxviii) 7.7.2.3. Place the side to test face up on a horizontal,
flat, rigid surface for testing. The crib bumper/liner may be secured
to the horizontal surface using the attachment means in a manner that
approximates securing the crib bumper/liner to crib rails.
(xxix) 7.7.2.4. Test each placement marked in 7.7 by lowering the
firmness test fixture with the bottom disk horizontal until the fixture
is supported by the crib bumper/liner. Gently adjust the orientation of
the base manually if needed until it is horizontal while resting.
Record any contact with the feeler gauge at each placement as a failure
of the firmness requirement. Repeat steps 7.7.2.2 and 7.7.2.3 if any
placement is within 457 mm (18 in.) of a prior placement, or if 5
minutes have elapsed since completing 7.7.2.2.
(xxx) 7.7.2.5. Repeat firmness testing 7.7.2.1 to 7.7.2.4 until all
remaining located placements have been tested or a failure has been
recorded.
(xxxi) 7.7.2.6. Repeat firmness testing on the other side of the
bumper/liner. Testing the other side is not required for crib bumpers/
liners that cannot be reasonably installed on the other side.
(xxxii) 7.8 Crib Bumper/Liner Entrapment in Openings Test--Choose a
location most likely to admit the head probe, including between the top
and bottom edges of the crib bumper/liner and the test platforms or
mattress. Create an accessible opening by exerting a force on the
bumper/liner using an appropriate clamping device, equal to 3-lbf (13
N) and directed horizontally away from, and perpendicular to, the test
platform. The force is be applied gradually over a 5 s period and
maintained throughout the head probe test. Insert the head test probe,
tapered end first, into any opening created between the crib bumper/
liner and the test platform or mattress, and rotate the small head test
probe to the orientation most likely to fail. Apply a force of 10 lbf
(45 N) at the base of the small head test probe in a direction that is
[[Page 18899]]
perpendicular to the plane of the opening. The force is be applied
gradually over a 5 s period and maintained throughout the head probe
test. Repeat this test at any other locations on the crib bumper/liner
most likely to fail.
(xxxiii) 7.8.1. Test Equipment
(xxxiv) 7.8.1.1. Head Probe--The head probe specified in ASTM F963
(see Fig. 3) shall be used for entrapment tests.
(xxxv) 7.8.1.2. Test Platforms--Testing shall be conducted on all
test platforms in this section. All test platforms shall have four
vertical sides, be rectangular in plan, and have an internal length of
52-\3/8\ +/-\5/8\ in and internal width of 28 +/-\5/8\ in. Test
platforms shall have a rectangular mattress support that supports a
standard 5-in full-size crib mattress. Spacing between components,
including between slats, shall be 2-\3/8\ +0/-\1/32\ in. Each of the
long and short panels shall be rectangular in form with a top, bottom,
left, and right side rails. Top rail shall be 26 in above a horizontal
mattress support. All spindles shall have ends secured into top and
bottom rails. Left and right side rails shall end into top and bottom
rails. All rails shall be 1.0 in thick. The top and bottom rail shall
have 1.5 in depth. Each long and short panel shall form a vertical
corner between the left or right sides when assembled. Round spindles
shall be \5/8\ in diameter. Flat spindles shall be 1-\1/8\ in wide by
\3/8\ in thick with \1/16\ in radius edges. Crib bumpers/liners
intended for circular cribs shall be tested on a commercially available
circular crib.
(xxxvi) 7.8.1.2.1. Test Platform A--This test platform is composed
of two long panels with 16 round spindles each and two short panels
with eight round spindles each.
(xxxvii) 7.8.1.2.2. Test Platform B--This test platform is composed
of one long panel with 16 round spindles, one solid long panel, and two
short panels with eight round spindles each.
(xxxviii) 7.8.1.2.3. Test Platform C--This test platform is
composed of two long panels with 16 round spindles each and two solid
short panels.
(xxxix) 7.8.1.2.4. Test Platform D--This test platform is composed
of two long panels with 14 rectangular spindles each and two short
panels with seven rectangular spindles each.
(xl) 7.8.1.2.5. Test Platform E--This test platform is composed of
one long panel with 14 rectangular spindles, one solid long panel, and
two short panels with seven rectangular spindles each.
(xli) 7.8.1.2.6. Test Platform F--This test platform is composed of
two long panels with 14 rectangular spindles each and two solid short
panels.
(xlii) 7.9 Crib Bumper/Liner Airflow Test--Airflow testing of each
crib bumper/liner shall be performed in accordance with the air
permeability test method specified in the British Standard BS
4578:1970, Specification for Methods of test for hardness of, and for
air flow through, infants' pillows, with the following modifications:
(xliii) 7.9.1 The test shall be performed on a plane rigid
perforated support that will minimally interfere with air flow.
(xliv) 7.9.2 The flow rate shall be adjusted to 2 L/min.
(11) Instead of complying with section 8 of ASTM F1917-12, comply
with the following:
(i) 8. Marking and Labeling
(ii) 8.1. Each product and its retail package shall be marked or
labeled clearly and legibly to indicate the following:
(iii) 8.1.1. The name, place of business (city, state, and mailing
address, including zip code), and telephone number of the manufacturer,
distributor, or seller.
(iv) 8.1.2. A code mark or other means that identifies the date
(month and year as a minimum) of manufacture.
(v) 8.2. The marking and labeling on the product shall be
permanent.
(vi) 8.3. Any upholstery labeling required by law shall not be used
to meet the requirements of this section.
(vii) 8.4. Crib bumpers/liners shall be marked or labeled clearly
and legibly, in the English language at a minimum, to identify which
segments of the bumper/liner are intended for the short and long sides
of the crib, unless the bumper/liner is intended for a circular crib or
is less than 28 inches in length, not including attachment means.
(viii) 8.5. Warning Design for Product:
(ix) 8.5.1. The warnings shall be easy to read and understand and
be in the English language at a minimum.
(x) 8.5.2. Any marking or labeling provided in addition to those
required by this section shall not contradict or confuse the meaning of
the required information, or be otherwise misleading to the consumer.
(xi) 8.5.3. The warning statements shall be conspicuous and
permanent.
(xii) 8.5.4. The warnings shall conform to ANSI Z535.4-2011,
American National Standard for Product Safety Signs and Labels,
sections 6.1-6.4, 7.2-7.6.3, and 8.1, with the following changes.
(xiii) 8.5.4.1. In sections 6.2.2, 7.3, 7.5, and 8.1.2 of ANSI
Z535.4-2011, replace ``should'' with ``shall.''
(xiv) 8.5.4.2. In section 7.6.3 of ANSI Z535.4-2011, replace
``should (when feasible)'' with ``shall.''
(xv) 8.5.4.3. Strike the word ``safety'' in ANSI Z535.4-2011 when
used immediately before a color (for example, replace ``safety white''
with ``white'').
Note 3 to paragraph (b)(11)(xv). For reference, ANSI Z535.1
provides a system for specifying safety colors.
(xvi) 8.5.5. The Safety Alert Symbol and the signal word
``WARNING'' shall be at least 0.2 in. (5 mm) high. The remainder of the
text shall be in characters whose uppercase shall be at least 0.1 in.
(2.5 mm) high.
Note 4 to paragraph (b)(11)(xvi). For improved warning
readability, typefaces with large height-to-width ratios, which are
commonly identified as ``condensed,'' ``compressed,'' ``narrow,'' or
similar should be avoided.
(xvii) 8.5.6. Message Panel Text Layout:
(xviii) 8.5.6.1. The text shall be left aligned, ragged right for
all but one-line text messages, which can be left aligned or centered.
Note 5 to paragraph (b)(11)(xviii). Left aligned means that the
text is aligned along the left margin, and, in the case of multiple
columns of text, along the left side of each individual column.
Please see Fig. 6 for examples of left aligned text.
[[Page 18900]]
[GRAPHIC] [TIFF OMITTED] TP03AP20.013
(xix) 8.5.6.2. The text in each column should be arranged in list
or outline format, with precautionary (hazard avoidance) statements
preceded by bullet points. Multiple precautionary statements shall be
separated by bullet points if paragraph formatting is used.
(xx) 8.5.7. An example in the format described in this section is
shown in Fig. 7.
[GRAPHIC] [TIFF OMITTED] TP03AP20.014
(xxi) 8.6. Warning Statements for Crib Bumpers/Liners--Each crib
bumper/liner, or each crib bumper/liner panel if the bumper/liner is
sold as multiple panels that can be used separately, shall have warning
statements to address the following, at a minimum:
``To reduce the risk of SUFFOCATION:
Keep tight against side of crib. Do not use if product is
loose or sags down toward sleeping surface.
Never put pillows or anything else in crib that could trap
baby against this product.
Only use in a crib without broken parts or missing slats.
This product will not fix a broken crib or prevent baby from falling
out. Never use in a toddler bed or bassinet.
To help prevent ENTANGLEMENT or STRANGULATION, position ties to
outside of crib and secure tightly. [Exception: If product does not
include an attachment means greater than 7 inches in length, this
statement may be omitted.]
Remove this product when baby can pull to a stand using crib side
(starting about 6 months). Older babies can use product to climb out of
crib.''
Note 6 to paragraph (b)(11)(xxi). Address means that verbiage
other than what is shown can be used as long as the meaning is the
same or information that is product-specific is presented.
[[Page 18901]]
(12) Instead of complying with section 9 of ASTM F1917-12, comply
with the following:
(i) 9. Instructional Literature
(ii) 9.1. Instructions shall be provided with the product and shall
be easy to read and understand, and shall be in the English language at
a minimum. These instructions shall include information on assembly,
installation, maintenance, cleaning, and use, where applicable.
(iii) 9.2. The instructions shall include all warnings specified in
8.6, where applicable.
(iv) 9.3. The warnings in the instructions shall meet the
requirements specified in 8.5.4, 8.5.5 and 8.5.6, except that sections
6.4 and 7.2-7.6.3 of ANSI Z535.4 need not be applied. However, the
signal word and safety alert symbol shall contrast with the background
of the signal word panel, and the warnings shall contrast with the
background of the instructional literature.
Note 7 to paragraph (b)(12)(iv). For example, the signal word,
safety alert symbol, and the warnings may be black letters on a
white background, white letters on a black background, navy blue
letters on an off-white background, or some other high-contrast
combination.
Note 8 to paragraph (b)(12)(iv). For additional guidance on the
design of warnings for instructional literature, please refer to
ANSI Z535.6, American National Standard: Product Safety Information
in Product Manuals, Instructions, and Other Collateral Materials.
(v) 9.4. Any instructions provided in addition to those required by
this section shall not contradict or confuse the meaning of the
required information, or be otherwise misleading to the consumer.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2020-06142 Filed 4-2-20; 8:45 am]
BILLING CODE 6355-01-P