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					                                                                                                                                     Tuesday,
                                                                                                                                     December 28, 2010




                                                                                                                                     Part III

                                                                                                                                     Consumer Product
                                                                                                                                     Safety Commission
                                                                                                                                     16 CFR Parts 1219, 1220, 1500, et al.
                                                                                                                                     Full-Size Baby Cribs and Non-Full-Size
                                                                                                                                     Baby Cribs: Safety Standards; Revocation
                                                                                                                                     of Requirements; Third Party Testing for
                                                                                                                                     Certain Children’s Products; Final Rules
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                                               81766            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               CONSUMER PRODUCT SAFETY                                 FOR FURTHER INFORMATION CONTACT:                        Section 104(c)(2) of the CPSIA states
                                               COMMISSION                                              Christopher Melchert, Office of                       that the section applies to any person
                                                                                                       Compliance and Field Operations,                      that:
                                               16 CFR Parts 1219, 1220, and 1500                       Consumer Product Safety Commission,                      (A) manufactures, distributes in commerce,
                                                                                                       4330 East West Highway, Bethesda, MD                  or contracts to sell cribs;
                                               Safety Standards for Full-Size Baby                     20814; telephone (301) 504–7588;                         (B) based on the person’s occupation, holds
                                               Cribs and Non-Full-Size Baby Cribs;                     cmelchert@cpsc.gov.                                   itself out as having knowledge or skill
                                               Final Rule                                                                                                    peculiar to cribs, including child care
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                             facilities and family child care homes;
                                               AGENCY:  Consumer Product Safety                                                                                 (C) is in the business of contracting to sell
                                               Commission.                                             A. Background and Statutory Authority
                                                                                                                                                             or resell, lease, sublet, or otherwise place
                                               ACTION: Final rule.                                     1. Section 104(b) of the Consumer                     cribs in the stream of commerce; or
                                                                                                       Product Safety Improvement Act                           (D) owns or operates a place of public
                                               SUMMARY:     Section 104(b) of the                                                                            accommodation affecting commerce (as
                                               Consumer Product Safety Improvement                        The Consumer Product Safety                        defined in section 4 of the Federal Fire
                                               Act of 2008 (‘‘CPSIA’’) requires the                    Improvement Act of 2008 (‘‘CPSIA’’,                   Prevention and Control Act of 1974 (15
                                               United States Consumer Product Safety                   Pub. L. 110–314) was enacted on August                U.S.C. 2203) applied without regard to the
                                               Commission (‘‘CPSC,’’ ‘‘Commission,’’ or                14, 2008. Section 104(b) of the CPSIA                 phrase ‘‘not owned by the Federal
                                               ‘‘we’’) to promulgate consumer product                  requires the Commission to promulgate                 Government’’).
                                               safety standards for durable infant or                  consumer product safety standards for                 Section 104(c)(2) of the CPSIA.
                                               toddler products. These standards are to                durable infant or toddler products. The                 Thus, the crib standards apply to
                                               be ‘‘substantially the same as’’ applicable             law requires that these standards are to              owners and operators of child care
                                               voluntary standards or more stringent                   be ‘‘substantially the same as’’ applicable           facilities, family child care homes, and
                                               than the voluntary standard if the                      voluntary standards or more stringent                 places of public accommodation such as
                                               Commission concludes that more                          than the voluntary standards if the                   hotels and motels, as well as to
                                               stringent requirements would further                    Commission concludes that more                        manufacturers, distributors, and
                                               reduce the risk of injury associated with               stringent requirements would further                  retailers of cribs. Other durable infant or
                                               the product. The Commission is issuing                  reduce the risk of injury associated with             toddler product standards issued under
                                               safety standards for full-size and non-                 the product. The Commission is issuing                section 104 of the CPSIA apply to
                                               full-size baby cribs in response to the                 safety standards for full-size and non-               products manufactured or imported on
                                               direction under section 104(b) of the                   full-size cribs that are substantially the            or after the effective date of the
                                               CPSIA.1 Section 104(c) of the CPSIA                     same as voluntary standards developed                 standard. However, under section 104(c)
                                               specifies that the crib standards will                  by ASTM International (formerly known                 of the CPSIA, after the applicable date
                                               cover used as well as new cribs. The                    as the American Society for Testing and               of compliance, it will be unlawful for
                                               crib standards will apply to anyone who                 Materials). The standard for full-size                any of the entities identified in section
                                               manufactures, distributes, or contracts                 cribs is substantially the same as a                  104(c)(2) of the CPSIA to sell, lease, or
                                               to sell a crib; to child care facilities,               voluntary standard developed by                       otherwise distribute or provide a crib for
                                               family child care homes, and others                     ASTM, ASTM F 1169–10, Standard                        use that does not meet the new CPSC
                                               holding themselves out to be                            Consumer Safety Specification for Full-               crib standards, regardless of the date on
                                               knowledgeable about cribs; to anyone                    Size Baby Cribs, but with two                         which the crib was manufactured.
                                               who leases, sublets, or otherwise places                modifications that strengthen the                       In the Federal Register of July 23,
                                               a crib in the stream of commerce; and                   standard. The standard for non-full-size              2010 (75 FR 43308), the Commission
                                               to owners and operators of places of                    cribs is substantially the same as ASTM               published a proposed rule that would
                                               public accommodation affecting                          F 406–10a, Standard Consumer Safety                   establish standards for full-size and
                                               commerce.                                               Specification for Non-Full-Size Baby                  non-full-size cribs. The proposed rule
                                                                                                       Cribs/Play Yards, but with four                       would incorporate by reference the
                                               DATES: Effective Date: The rule will
                                                                                                       modifications that strengthen the                     following ASTM standards with some
                                               become effective on June 28, 2011. The
                                                                                                       standard.                                             modifications: ASTM F 1169–10,
                                               incorporation by reference of the
                                                                                                                                                             Standard Consumer Safety
                                               publications listed in this rule is                     2. Section 104(c) of the CPSIA and the
                                                                                                                                                             Specification for Full-Size Baby Cribs,
                                               approved by the Director of the Federal                 Proposed Rule
                                                                                                                                                             and ASTM F 406–10, Standard
                                               Register as of June 28, 2011.                              The crib standards are different from              Consumer Safety Specification for Non-
                                                  Compliance Dates: Compliance with                    standards for the other durable infant or             Full-Size Baby Cribs/Play Yards.
                                               this rule with respect to the offer or                  toddler products that section 104 of the
                                               provision for use of cribs by child care                CPSIA directs the Commission to issue.                3. Previous Commission Crib Standards
                                               facilities, family child care homes, and                Section 104(c)(1) of the CPSIA makes it               (16 CFR Parts 1508 and 1509)
                                               places of public accommodation                          a prohibited act under section 19(a)(1)                  The Commission first issued
                                               affecting commerce is required starting                 of the Consumer Product Safety Act                    mandatory regulations for full-size cribs
                                               on December 28, 2012. For all other                     (‘‘CPSA’’) for any person to whom                     in 1973 (amended in 1982), which were
                                               entities subject to the rule, compliance                section 104(c) of the CPSIA applies to                codified at 16 CFR part 1508 under the
                                               with this rule is required starting on                  ‘‘manufacture, sell, contract to sell or              Federal Hazardous Substances Act
                                               June 28, 2011.                                          resell, lease, sublet, offer, provide for             (‘‘FHSA’’). In 1976, the Commission
                                                                                                       use, or otherwise place in the stream of              issued similar regulations for non-full-
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                                                 1 The Commission voted 5–0 to approve

                                               publication of this final rule. Chairman Inez M.
                                                                                                       commerce a crib that is not in                        size cribs (also amended in 1982),
                                               Tenenbaum, Commissioner Thomas H. Moore,                compliance with a standard                            which were codified at 16 CFR part
                                               Commissioner Robert S. Adler, and Commissioner          promulgated under subsection (b) [of                  1509. The requirements of 16 CFR parts
                                               Anne M. Northup filed statements concerning this        the CPSIA].’’ Section 104(c)(3) of the                1508 and 1509 have been included in
                                               action which may be viewed on the Commission’s
                                               Web site at http://www.cpsc.gov/pr/statements.html
                                                                                                       CPSIA defines ‘‘crib’’ as including new               ASTM F 1169–10 and F 406–10a,
                                               or obtained from the Commission’s Office of the         and used cribs, full-size and non-full-               respectively. However, the
                                               Secretary.                                              size cribs, portable cribs, and crib pens.            recordkeeping requirements in the


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                         81767

                                               ASTM standards are expanded from the                    B. The Products and Their Market                        Therefore, the definitions of full-size
                                               3-year retention period that was                                                                              and non-full-size crib in the CPSC
                                                                                                       1. Definitions Under the CPSIA and the
                                               required in 16 CFR parts 1508 and 1509                                                                        standards include new and used cribs,
                                                                                                       Crib Standards
                                               to a 6-year retention period, which is                                                                        cribs in child care facilities, family child
                                               consistent with the consumer                               The Commission’s previous crib                     care homes, and cribs in places of
                                               registration provision in section 104(d)                standards in 16 CFR 1508 and 1509                     public accommodation.
                                               of the CPSIA.                                           contained definitions of ‘‘full-size crib’’           2. Full-Size Cribs
                                                  Elsewhere in this issue of the Federal               and ‘‘non-full-size crib.’’ According to 16
                                               Register, we are revoking the CPSC                      CFR parts 1508 and 1509, what                           A full-size crib has specific interior
                                               regulations for full-size and non-full-                 principally distinguishes full-size cribs             dimensions of 28 ± 5⁄8 inches (71 ± 1.6
                                               size cribs at 16 CFR parts 1508 and                     from non-full-size cribs are the interior             centimeters) in width and 523⁄8 ± 5⁄8
                                               1509. The new crib standards in this
                                                                                                       dimensions of the crib. Also, according               inches (133 ± 1.6 centimeters) in length
                                                                                                       to these standards, a full-size crib is               and is designed to provide sleeping
                                               final rule, which incorporate the
                                                                                                       intended for use in the home, and a                   accommodations for an infant.
                                               applicable ASTM standards, include the
                                                                                                       non-full-size crib is intended for use ‘‘in             CPSC staff estimates that there are
                                               requirements of 16 CFR parts 1508 and
                                                                                                       or around the home, for travel and other              currently 68 manufacturers or importers
                                               1509. Revoking 16 CFR parts 1508 and
                                                                                                       purposes.’’ A full-size crib has interior             supplying full-size cribs to the U.S.
                                               1509 will allow all the crib-related                    dimensions of 28 ± 5⁄8 inches (71 ± 1.6
                                               requirements to be together and will                                                                          market. Ten of these firms are domestic
                                                                                                       centimeters) in width by 523⁄8 ± 5⁄8                  importers (15 percent); 42 are domestic
                                               avoid confusion about which                             inches (133 ± 1.6 centimeters) in length.
                                               requirements apply to cribs.                                                                                  manufacturers (62 percent); 7 are foreign
                                                                                                       A non-full-size crib may be either                    manufacturers (10 percent); and 2 are
                                               4. Previous Commission Activities                       smaller or larger than these dimensions.              foreign importers (3 percent).
                                               Concerning Cribs                                        Full-size and non-full-size cribs also                Insufficient information was available
                                                                                                       differ in the height of the crib side or              about the remaining firms to categorize
                                                  As detailed in the preamble to the                   rail. Non-full-size cribs include                     them.
                                               proposed rule (75 FR at 43309), we have                 oversized, specialty, undersized, and
                                               taken numerous regulatory and                           portable cribs. However, any products                   Based on information from a 2005
                                               nonregulatory actions concerning crib                   with mesh/net/screen siding, non-                     survey conducted by the American Baby
                                               hazards. In 1996, the Commission                        rigidly constructed cribs, cradles, car               Group, CPSC staff estimates annual
                                               published an advance notice of                          beds, baby baskets, and bassinets are                 sales of new cribs to be about 2.4
                                               proposed rulemaking (‘‘ANPR’’) under                    excluded from the non-full-size crib                  million, of which approximately 2.1
                                               the FHSA to address the hazard of crib                  requirements of 16 CFR part 1509.                     million are full-size cribs. (This number
                                               slat disengagement, 61 FR 65996 (Dec.                                                                         could be an underestimate if new
                                                                                                          Essentially, these definitions are
                                               16, 1996). When the Commission                                                                                mothers buy more than one crib.) CPSC
                                                                                                       carried over to the new crib standards
                                                                                                                                                             staff estimates that there are currently
                                               proposed the new crib standards under                   with some important differences due to
                                                                                                                                                             approximately 591 models of full-size
                                               section 104 of the CPSIA, it published                  section 104(c) of the CPSIA. Because
                                                                                                                                                             cribs compared to approximately 81
                                               a notice terminating the rulemaking it                  section 104(c) of the CPSIA explicitly
                                                                                                                                                             models of non-full-size cribs. Thus,
                                               had begun with the 1996 ANPR because                    includes used cribs in the definition of
                                                                                                                                                             approximately 88 percent of crib models
                                               the slat disengagement hazard is                        ‘‘crib,’’ the definitions of full-size and
                                                                                                                                                             are full-size cribs.
                                               addressed by the new standards that the                 non-full-size crib in the CPSC standards
                                               Commission is issuing. 75 FR 43107                      also include used cribs. The definition               3. Non-Full-Size Cribs
                                               (July 23, 2010).                                        of ‘‘full-size crib’’ in part 1508 was
                                                                                                       limited to cribs ‘‘intended for use in the               A non-full-size crib may be either
                                                  The Commission’s Office of                                                                                 smaller or larger than a full-size crib, or
                                               Compliance has been involved with                       home.’’ However, section 104(c) of the
                                                                                                       CPSIA explicitly includes full-size and               shaped differently than the usual
                                               numerous investigations and recalls of                                                                        rectangular crib. The category of non-
                                               cribs. Since 2007, the CPSC has issued                  non-full-size cribs in child care facilities
                                                                                                       (including family child care homes) and               full-size cribs includes oversized,
                                               46 recalls of more than 11 million cribs.                                                                     specialty, undersized, and portable
                                                                                                       cribs in places of public accommodation
                                               All but seven of these recalls were for                                                                       cribs, but does not include any product
                                                                                                       affecting commerce. The CPSIA defines
                                               product defects that created a                                                                                with mesh/net/screen siding, non-
                                                                                                       a ‘‘place of public accommodation
                                               substantial product hazard, and not for                                                                       rigidly constructed cribs, cradles, car
                                                                                                       affecting commerce’’ with reference to
                                               violations of the federal crib regulations.                                                                   beds, baby baskets, or bassinets. The
                                                                                                       the Federal Fire Prevention and Control
                                                  Other previous actions include: (1) An               Act of 1974 (but without the phrase that              CPSC standard for non-full-size cribs
                                               ANPR that the Commission published                      excludes establishments owned by the                  does not apply to play yards, which are
                                               in the Federal Register on November 25,                 Federal Government). Thus, the CPSIA                  mesh or fabric-sided products.
                                               2008 (73 FR 71570) in preparation for                   defines ‘‘places of public                               CPSC staff estimates that there
                                               this rulemaking, which discussed                        accommodation’’ as:                                   currently are at least 17 manufacturers
                                               options to address the hazards that                                                                           or importers supplying non-full-size
                                                                                                          any inn, hotel, or other establishment
                                               CPSC staff had identified in the reported               * * * that provides lodging to transient              cribs to the U.S. market. Five of these
                                               crib incidents and recalls; and (2) a                   guests, except that such term does not                firms are domestic importers and 10 are
                                               public roundtable meeting concerning                                                                          domestic manufacturers. Insufficient
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                                                                                                       include an establishment treated as an
                                               crib safety that CPSC staff held on April               apartment building for purposes of any State          information is available to determine
                                               22, 2009. Information about the crib                    or local law or regulation or an establishment        whether the remaining firms are
                                               roundtable and the presentations made                   located within a building that contains not           manufacturers or importers. CPSC staff
                                               by CPSC staff and others are on the                     more than 5 rooms for rent or hire and that           estimates that there are approximately
                                                                                                       is actually occupied as a residence by the
                                               Commission’s Web site at http://                                                                              2.4 million cribs sold to households
                                                                                                       proprietor of such establishment.
                                               www.cpsc.gov/info/cribs/                                                                                      annually. Of these, approximately
                                               infantsleep.html.                                       15 U.S.C. 2203(7).                                    293,000 are non-full-size cribs.


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                                               81768            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               4. Retailers, Child Care Facilities, and                CPSC staff to determine whether they                  c. Hazard Pattern Identification
                                               Places of Public Accommodation                          involved full-size or non-full-size cribs.               CPSC staff considered all 3,520
                                                  CPSC staff is unable to estimate the                 The prevalent hazards reported in these               incidents (includes fatalities,
                                               number of retailers that may sell or                    incidents are common to all cribs,                    nonfatalities, and non-injury incidents)
                                               provide cribs. We can estimate,                         regardless of size. Given the                         involving full-size cribs (including cribs
                                               however, that there are approximately                   predominance of incident reports                      of undetermined size) to identify hazard
                                               24,985 retail firms in the United States                identified as involving full-size cribs,              patterns related to these incidents. CPSC
                                                                                                       the 1,125 incidents in which the size of
                                               (at least 5,292 of which sell used                                                                            staff grouped these incidents into four
                                                                                                       the crib could not be determined are
                                               products). The number of retailers that                                                                       broad categories: (1) Product-related; (2)
                                                                                                       grouped with the category of full-size
                                               sell or provide cribs would be some                                                                           non-product-related; (3) recall-related;
                                                                                                       cribs.
                                               subset of that number.                                                                                        and (4) miscellaneous. More detail is
                                                  CPSC staff estimates that there are                  1. Full-Size Cribs (Includes Cribs of                 provided in the Epidemiology staff’s
                                               approximately 59,555 firms supplying                    Undetermined Size)                                    memorandum that was part of the CPSC
                                               child care services. We received                           This section discusses incident data               staff’s briefing package for the proposed
                                               comments from child care organizations                  in the 3,520 reports from the EWS                     rule, available on the CPSC Web site at:
                                               about the cribs they use. According to                  involving full-size cribs and cribs of an             http://www.cpsc.gov/library/foia/foia10/
                                               these comments, the average child care                  undetermined size. Of these 3,520                     brief/104cribs.pdf.
                                               center has between 4 and 45 cribs, so,                  incident reports, there were 147                         Approximately 82 percent of the
                                               assuming that the number of firms                       fatalities, 1,675 nonfatal injuries, and              3,520 incidents reported some sort of
                                               supplying child care services is the                    1,698 noninjury incidents. (The                       failure or defect in the product itself. In
                                               same as child care centers discussed in                 noninjury incidents range from those                  order of frequency, the hazard patterns
                                               the comments, child care centers could                  that potentially could have resulted in               reported included:
                                               have roughly 774,180 cribs total. We                    injuries or fatalities to general                        • Falls from cribs (approximately 23
                                               estimate that there are approximately                   complaints or comments from                           percent of the 3,520 incidents);
                                               43,303 firms providing public                           consumers). Because reporting is                         • Crib drop-side-related problems
                                               accommodation. We did not receive any                   ongoing, the number of reported                       (approximately 22 percent of the
                                               comments from such firms and cannot                     fatalities, nonfatal injuries, and non-               incidents and about 12 percent of all
                                               estimate how many cribs may be in use                   injury incidents presented here may                   reported fatalities);
                                               in places of public accommodation.                      change in the future.                                    • Infants getting their limbs caught
                                                                                                                                                             between the crib slats (approximately 12
                                               C. Incident Data                                        a. Fatalities                                         percent of the incidents);
                                                  The preamble to the proposed rule (74                   Between November 1, 2007 and April                    • Wood-related issues, such as slat
                                               FR at 43310 through 43311) provided                     11, 2010, a total of 147 fatalities                   breakages and detachments
                                               detailed information concerning                         associated with full-size (and                        (approximately 12 percent of the
                                               incident data based on information from                 undetermined size) cribs were reported                incidents);
                                               the CPSC’s Early Warning System                         to the Commission. A majority of the                     • Mattress support-related problems
                                               (‘‘EWS’’), a pilot project to monitor                   deaths (107 out of 147, or almost 73                  (approximately 5 percent of the
                                               incident reports related to cribs and                   percent) were not related to any                      incidents);
                                               other infant sleep products. We                         structural failure or design flaw of the                 • Mattress fit problems
                                               summarize important aspects of the                      crib. There were 35 fatalities attributable           (approximately 3 percent of the
                                               incident data in this section, but refer                to structural problems of the crib.                   incidents);
                                               interested parties to the preamble to the               Nearly all (34 of the 35) were due to                    • Paint-related issues (approximately
                                               proposed rule for more complete details.                head/neck/body entrapments. More                      2 percent of the EWS incidents); and
                                               Data from EWS is not meant to provide                   than half of these (18 out of 35) were                   • Miscellaneous problems with the
                                               an estimate of all crib-related incidents               related to drop-side failures. Almost all             crib structure (approximately 3 percent
                                               that have occurred during any particular                of the crib failures—whether they                     of incidents), including non-drop-side
                                               time period. We used the EWS data for                   occurred due to detachments,                          or drop gate failures, sharp catch-points,
                                               this rulemaking because, due to the                     disengagements, or breakages—created                  stability and/or other structural issues.
                                               larger number of follow-up                              openings in which the infant became                   2. Non-Full-Size Cribs
                                               investigations assigned from EWS                        entrapped.
                                               incident reports, the EWS incidents                                                                              This category includes portable cribs
                                               provided the best illustration of the                   b. Nonfatal Injuries                                  and other cribs that are either smaller or
                                               hazard patterns associated with                            Of the 3,520 incident reports                      larger than the dimensions specified for
                                               incidents involving cribs.                              involving full-size (and undetermined                 full-size cribs. For its review of incident
                                                  Between November 1, 2007 and April                   size) cribs, 1,675 reported a crib-related            data, CPSC staff included in the
                                               11, 2010, the Commission received                       injury. The vast majority (97 percent) of             category of non-full-size cribs only those
                                               reports through EWS of 3,584 incidents                  these injuries were not serious enough                cribs that it could positively identify as
                                               related to cribs. The year of the incident              to require hospitalization.                           non-full-size cribs. CPSC staff is aware
                                               associated with these reports ranged                    Approximately half of those that did                  of 64 incidents related to non-full-size
                                               from 1986 through 2010. However, very                   require hospitalization involved limb or              cribs that have been reported between
                                               few crib-related incidents that occurred                skull fractures and other head injuries               November 1, 2007 and April 11, 2010.
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                                               before 2007 are reflected in the EWS.                   resulting from falls from cribs. Most of              Among these incidents, there were 6
                                                  Of the 3,584 incidents reported                      the remaining injuries resulted from                  fatalities, 28 injuries, and 30 noninjury
                                               through the EWS, CPSC staff identified                  children getting their limbs caught                   incidents. Because reporting is ongoing,
                                               2,395 incidents as clearly involving full-              between crib slats, falling inside the crib           the number of reported fatalities,
                                               size cribs; 64 incidents as clearly                     and hitting the crib structure, or getting            nonfatal injuries, and noninjury
                                               involving non-full-size cribs; and 1,125                stuck in gaps created by structural                   incidents presented here may change in
                                               incidents as lacking sufficient data for                failures.                                             the future.


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                        81769

                                               a. Fatalities                                           the traditional drop-side design in                   Juvenile Products Manufacturers
                                                  Of the six fatalities, three were                    which the front side of the crib can be               Association (‘‘JPMA’’), public interest
                                               attributed to the presence of a cushion/                raised and lowered. On June 1, 2010,                  groups, and individual consumers. The
                                               pillow in the sleep area. One fatality                  ASTM approved the current version of                  comments and the CPSC’s responses are
                                               was due to the prone positioning of the                 its full-size crib standard with a slight             discussed below in section E.1 through
                                               infant on the sleep surface. One fatality               change to the name, ASTM F 1169–10,                   E.31 of this document. To make it easier
                                               resulted from the infant getting                        Standard Consumer Safety                              to identify comments and our responses,
                                               entrapped in a gap opened up by loose/                  Specification for Full-Size Baby Cribs.               the word ‘‘Comment,’’ in parentheses,
                                               missing screws. Very little information                    In 1997, ASTM first published a                    will appear before the comment’s
                                               was available on the circumstances of                   standard for non-full-size cribs, ASTM F              description, and the word ‘‘Response,’’
                                               the last fatality.                                      1822, Standard Consumer Safety                        in parentheses, will appear before our
                                                                                                       Specification for Non-Full-Size Baby                  response. We also have numbered each
                                               b. Nonfatal Injuries                                    Cribs. In June 2002, in order to group                comment to help distinguish between
                                                  Among the 28 nonfatal injuries                       products with similar uses, ASTM                      different comments. The number
                                               reported, only 2 required any                           combined its non-full-size crib standard,             assigned to each comment is purely for
                                               hospitalization. Most of the remaining                  ASTM F 1822–97, with its play yard                    organizational purposes and does not
                                               injuries, which include fractures,                      standard (F 406–99, Standard Consumer                 signify the comment’s value,
                                               bruises, and lacerations, resulted from                 Safety Specification for Play Yards) to               importance, or the order in which it was
                                               children falling and hitting the crib                   create ASTM F 406–02, Standard                        received.
                                               structure while in the crib, falling or                 Consumer Safety Specification for Non-
                                                                                                       Full-Size Baby Cribs/Play Yards. ASTM                 1. Misplaced Focus on Drop-Sides
                                               climbing out of the crib, and children
                                               getting their limbs caught in the crib                  revised ASTM F 406 several times                         (Comment 1)—One commenter stated
                                               slats.                                                  subsequently. On June 1, 2010, ASTM                   that focusing on drop-side cribs was
                                                                                                       approved the version of its non-full-size             misplaced. Rather, she suggested, new
                                               c. Hazard Pattern Identification                        crib standard, ASTM F 406–10, upon                    crib standards should focus on the
                                                  CPSC staff considered all 64 incidents               which the CPSC’s proposed standard                    structure and hardware of cribs.
                                               (including fatalities, nonfatalities, and               was based. After we published our                        (Response 1)—The CPSC agrees that
                                               non-injury incidents) involving non-                    proposed rule in the Federal Register on              the safety of the drop-side is just one
                                               full-size cribs to identify hazard patterns             July 23, 2010, ASTM revised its non-                  issue and other issues, especially cribs’
                                               related to these incidents. The hazard                  full-size crib standard again and                     structural integrity and hardware, are
                                               patterns are similar to those among full-               approved ASTM F 406–10a on October                    crucial to crib safety. Although the
                                               size cribs. In 72 percent of the incidents,             15, 2010. ASTM F 406–10a includes                     prohibition of traditional drop-side cribs
                                               product-related issues were reported.                   many of the changes which the                         has received a great deal of attention,
                                               These primarily involved falls from                     proposed rule would have made to                      the CPSC’s new crib standards have
                                               cribs, limbs becoming caught between                    ASTM F 406–10, rearranges the order of                numerous provisions, particularly
                                               slats, issues related to drop-sides and                 some provisions, and contains some                    concerning crib hardware, which will
                                               non-drop-sides (such as detachments                     other editorial changes. Consequently,                improve the safety of cribs. See the
                                               and operation/hardware issues), and                     the final rule’s non-full-size cribs                  discussion of the standards’
                                               wood-related issues (including three slat               standard is based on ASTM F 406–10a.                  requirements in section G of this
                                               detachments). This category includes                    We discuss differences between the                    preamble.
                                               one fatality, which was related to non-                 proposed rule and ASTM F 406–10a in                   2. Applicability of Standards to Cribs in
                                               drop-side hardware.                                     section F of this preamble.                           Child Care Centers
                                               D. Voluntary and International                          2. International Standards                               (Comment 2)—Several commenters
                                               Standards                                                  Several performance requirements in                associated with child care organizations
                                                  As discussed in the preamble to the                  the crib standards derive from, or are                or child care centers said that the crib
                                               proposed rule (75 FR at 43311 through                   similar to, requirements in Health                    standards should not apply to cribs in
                                               43312), CPSC staff reviewed                             Canada’s crib standard, SOR/86–969,                   child care centers. They gave reasons
                                               requirements of existing voluntary and                  and the European standard, EN 716.                    such as: Caregivers are present at all
                                               international standards related to cribs.               These include the cyclic side (shake)                 times when babies are in cribs at child
                                               The primary standards currently in                      test and the mattress support system                  care centers; cribs in child care centers
                                               effect are the ASTM standards for full-                 vertical impact test from the Canadian                are specialty cribs that do not have the
                                               size and non-full-size cribs, a Canadian                standard, and the slat/spindle strength               same safety issues as home cribs; and
                                               standard, and a European standard.                      test from EN 716 requirements. (For                   state licensing and safety requirements
                                               Underwriters Laboratories, Inc. (‘‘UL’’)                more details on how the crib standards                safeguard babies in cribs in child care
                                               has a crib standard, UL 2275. However,                  are based upon or are more stringent                  centers. Some commenters stated that
                                               the UL standard was not followed by                     than certain international standards, we              the crib standards are unique because,
                                               crib manufacturers and is no longer an                  refer interested parties to the preamble              unlike other standards that hold product
                                               active standard.                                        to the proposed rule (75 FR at 43312).)               manufacturers or distributors
                                                                                                                                                             responsible, the crib standards hold
                                               1. The ASTM Standards                                   E. Response to Comments on the                        child care centers (which are consumers
                                                  ASTM first published its voluntary                   Proposed Rule
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                                                                                                                                                             buying the cribs from these
                                               standard for full-size cribs, ASTM F                      In the Federal Register of July 23,                 manufacturers and distributors)
                                               1169, Standard Specification for Full-                  2010 (75 FR 43308), the Commission                    responsible.
                                               Size Baby Crib, in 1988, and has revised                published a proposed rule that would                     (Response 2)—Section 104(c)(1) of the
                                               it periodically since then. In 2009,                    establish standards for full-size and                 CPSIA states that it ‘‘shall be a violation
                                               ASTM revised the standard                               non-full-size cribs. We received over 50              of section 19(a)(1) of the Consumer
                                               significantly, including a limitation on                comments. These included comments                     Product Safety Act for any person to
                                               movable sides that effectively eliminates               from child care organizations, the                    which this subsection applies to


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                                               81770            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               manufacture, sell, contract to sell or                  4. Crib-Related Incidents in Child Care               separate guidelines for home and public
                                               resell, lease, sublet, offer, provide for               Centers                                               playground equipment).
                                               use, or otherwise place in the stream of                                                                         (Response 6)—Section 104 of the
                                                                                                          (Comment 4)—One commenter
                                               commerce a crib that is not in                                                                                CPSIA does not make a distinction
                                                                                                       recognized that there have been injuries
                                               compliance with a standard                                                                                    between commercial and
                                                                                                       and fatalities associated with drop-side
                                               promulgated under’’ section 104(b) of                                                                         noncommercial cribs but, rather,
                                                                                                       cribs, but stated that banning drop-side
                                               the CPSIA. Section 104(c)(2) of the                                                                           requires that all cribs within the scope
                                                                                                       cribs in child care settings would not
                                               CPSIA identifies various entities that are                                                                    of section 104(c) of the CPSIA—which
                                                                                                       address this threat to young children.
                                               subject to section 104(c) of the CPSIA,                                                                       explicitly includes cribs provided for
                                                                                                       The commenter stated that, because of
                                               and it expressly mentions persons who                                                                         use in child care centers and places of
                                                                                                       the safety checks on cribs and                        public accommodation—meet the crib
                                               ‘‘based on the person’s occupation,                     monitoring of sleeping children in child
                                               holds itself out as having knowledge or                                                                       standards promulgated by the
                                                                                                       care centers, issues with drop-side cribs             Commission under section 104(b) of the
                                               skill peculiar to cribs, including child                do not occur in such programs as they
                                               care facilities and family child care                                                                         CPSIA. Although ASTM has a voluntary
                                                                                                       might in other settings.                              standard applicable to ‘‘commercial
                                               homes.’’ The fact that a child care center                 (Response 4)—As stated in our
                                               may be subject to state regulation and                                                                        cribs’’ (ASTM F 2710–08), section 104 of
                                                                                                       response to comment 2 in section E.2 of               the CPSIA does not make such a
                                               licensing, or that caregivers at such                   this document, section 104(c) of the
                                               facilities may be required to supervise                                                                       delineation. Furthermore, ASTM’s
                                                                                                       CPSIA expressly mentions child care                   commercial crib standard requires
                                               babies in cribs, does not alter the                     facilities and family child care homes as
                                               applicability of section 104(c) of the                                                                        commercial cribs to comply with either
                                                                                                       entities subject to the crib standards.               ASTM F 406 or ASTM F 1169, and this
                                               CPSIA to child care facilities and family               The statute does not authorize us to
                                               child care homes.                                                                                             final rule adopts, with some
                                                                                                       consider safety checks, or the                        modifications, both ASTM F 406 and
                                                  As for the commenter’s claim that                    monitoring of sleeping children in child
                                               cribs in child care centers are different                                                                     ASTM F 1169. In its crib rulemaking,
                                                                                                       care facilities, or the rate at which safety          the Commission is following the
                                               from those used in homes, the                           issues might arise, or to exempt child
                                               information that the CPSC has indicates                                                                       specific statutory direction and
                                                                                                       care facilities for such reasons.                     definitions in the CPSIA. In contrast,
                                               that cribs used in child care centers are                  Additionally, our review of the                    when developing guidelines for public
                                               often substantially the same as cribs                   incident data reported to the CPSC from               and home playgrounds, the Commission
                                               used in homes. CPSC staff has reports of                November 1, 2007 through April 11,                    was not responding to a statutory
                                               incidents involving cribs in child care                 2010, shows that at least two reports of              mandate, and thus, it had the discretion
                                               centers; the hazard scenarios associated                incidents in child care facilities were               to distinguish between public and home
                                               with these incidents are the same as                    received. Each report involved the                    playground equipment.
                                               those for incidents that occur in homes.                structural failure of multiple drop-side
                                                                                                       cribs. Although no injuries were                      6. Mesh/Nonrigid Full-Size Cribs
                                               3. Waiving Requirements for Child Care
                                               Centers                                                 reported in these incidents, they                        (Comment 7)— One commenter
                                                                                                       presented the potential for serious                   suggested that the full-size crib standard
                                                  (Comment 3)—One commenter                            injury or fatality.                                   should apply to rigid cribs only, and not
                                               suggested waiving any requirement to                       (Comment 5)—Some comments noted                    be applicable to full-size cribs that have
                                               replace cribs in child care and Head                    that sleeping infants are not left                    sides or ends made from mesh, fabric,
                                               Start programs that comply with state                   unsupervised in drop-side or other                    or another nonrigid material. The
                                               licensing or national accreditation                     types of cribs in child care centers and              commenter referred to the scope of the
                                               requirements, which mandate that all                    noted further that children in child care             proposed non-full-size crib standard,
                                               sleeping infants be within sight or                     centers are in cribs only when they are               which is limited to rigid products only.
                                               sound of a caregiver at all times; and                  sleeping.                                                (Response 7)—We are not aware of
                                               another commenter suggested a waiver                       (Response 5)—The CPSC has received                 any full-size mesh/fabric cribs currently
                                               of enforcement for cribs that are used in               at least 11 reports of injuries involving             being sold. In contrast, there are
                                               child care programs that comply with                    cribs in child care facilities, in which              numerous non-full-size mesh/fabric
                                               state licensing standards that require                  the injured infant was treated in a                   cribs (i.e., play yards) currently on the
                                               sleeping infants to be within sight and                 hospital emergency department. These                  market. The CPSC agrees that for non-
                                               sound of a caregiver at all times. Some                 injuries, usually due to a fall from a crib           full-size products, different
                                               commenters asked that older cribs in                    or an impact with the crib, were                      requirements for rigid versus mesh
                                               child care centers be exempted from the                 sustained while the infant was being                  products are necessary because the
                                               rule (or allowed an enforcement                         taken care of at a child care facility.               construction differences may make it
                                               waiver), as long as the cribs had not                   Clearly, the infants were not sleeping if             impossible to test both the same way.
                                               been recalled, thus shifting the burden                 the injuries were due to infants falling              The ASTM standard for non-full-size
                                               of replacement from child care centers                  or impacting the crib.                                cribs includes both rigid and mesh/
                                               to manufacturers.                                                                                             fabric non-full-size cribs. Although
                                                  (Response 3)—We do not have the                      5. Commercial vs. Noncommercial Cribs                 there are requirements in the ASTM
                                               authority to exempt or waive                               (Comment 6)— Several commenters                    standard specifically intended for mesh/
                                               requirements for cribs in child care                    suggested that the crib standards should              fabric products, the scope of the CPSC’s
                                               centers or to allow older cribs to be                   distinguish between ‘‘commercial’’ and                standard for non-full-size cribs is
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                                               replaced through recalls alone. As                      ‘‘noncommercial’’ cribs. One commenter                limited to rigid products because
                                               discussed in response to comments                       asked if there should be different crib               section 104 of the CPSIA explicitly lists
                                               concerning the effective date at section                standards for child care providers or                 cribs and play yards as separate
                                               G.10 of this document, we do have                       other nonfamily situations, where cribs               categories of products. Therefore, we
                                               discretion to provide additional time for               sustain more use, similar to the                      plan to develop a separate standard for
                                               child care centers to come into                         distinction between home and public                   mesh/fabric non-full-size cribs (i.e., play
                                               compliance with the standards.                          playground equipment (the CPSC has                    yards). Currently, there is no voluntary


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                        81771

                                               standard or proposed regulation                         disassembly, disposal, and assembly.                  limited ability to pass on such costs.
                                               specifically for mesh/fabric full-size                  The same commenter noted that the                     The commenters noted that most of
                                               cribs. However, the CPSC’s standard for                 preamble to the proposed rule                         their clients are struggling already to
                                               full-size cribs contains general, labeling,             concluded that ‘‘the proposed changes to              pay for child care. (The price range for
                                               and some performance requirements                       the voluntary standard should not                     child care cited by one commenter was
                                               that would be applicable to any full-size               significantly affect replacement costs’’              from $4,550 to more than $18,000 per
                                               crib, whether it has rigid or mesh/fabric               (75 FR at 43319). Generally, commenters               year.) The commenters added that most
                                               sides. Thus, excluding these products                   objected to purchasing new cribs to                   child care centers only have a few
                                               from the scope of the CPSC’s full-size                  replace recently-purchased cribs that                 customers, so their ability to raise large
                                               crib standard, as suggested by the                      had no safety issues. Several                         sums of money by increasing the cost to
                                               commenter, would leave such cribs                       commenters were concerned that some                   clients to defray the cost of replacement
                                               unregulated. Absent a voluntary                         child care centers might be driven out                cribs is limited.
                                               standard that covers mesh/fabric full-                  of business.                                             (Response 11)—The Regulatory
                                               size cribs, it is not advisable to exclude                 (Response 10)—We recognize the                     Flexibility Act discussion in the
                                               these products from the scope of a full-                potentially large impact the crib                     preamble to the proposed rule did not
                                               size crib regulation.                                   standards could have on child care                    suggest that all cost increases associated
                                                                                                       providers. The Regulatory Flexibility                 with the proposed rule would be passed
                                               7. Play Yards                                           Act discussion in the preamble to the                 on to consumers, only that some portion
                                                  (Comment 8)—Some commenters                          proposed rule invited comment on the                  of those costs might be passed on,
                                               were concerned that the rule might                      market for cribs and the amount of time               thereby mitigating the impact of the
                                               result in child care centers or consumers               manufacturers would need to meet                      proposed rule on small child care
                                               using play yards instead of cribs. These                current market demand and additional                  centers (see 75 FR at 43318). We
                                               commenters implied that play yards are                  demand created by child care centers                  recognize that the economic impact on
                                               not as safe as cribs for sleeping infants.              and other places where cribs are                      any given entity may vary, depending
                                               One commenter, who is child care                        provided for use (75 FR at 43316). It also            on a variety of factors, such as the size
                                               provider, stated that she uses only play                discussed the possible impact on small                of the affected entity, the presence or
                                               yards, not cribs.                                       child care centers and stated that the                absence of competitors that may affect
                                                  (Response 8)—The final rule does not                 impact ‘‘could be significant on some                 an entity’s ability to raise prices or pass
                                               address any safety aspects of play yards.               small child care centers if they had to               along costs to its customers, and the
                                               Play yards are a separate product                       replace their cribs all at once’’ and that            types of cribs purchased and an affected
                                               category under section 104 of the                       some might decide to replace their non-               entity’s ability to comply with the
                                               CPSIA, and we intend to develop a                       full-size cribs with play yards (Id. at               standards.
                                               separate standard for play yards in the                 43318). The initial regulatory flexibility               (Comment 12)—One commenter
                                               future.                                                 analysis in the briefing package for the              stated that, despite the high quality of
                                                  (Comment 9)—Two commenters                           proposed rule assumed that most, if not               the cribs used at its child care center
                                               expressed concern about using play                      all, child care centers use smaller, non-             and a lack of incidents there, the child
                                               yards as an alternative to cribs in day                 full-size cribs; thus, staff did not expect           care center had been informed that its
                                               care centers as a way of mitigating costs               a significant impact associated with full-            cribs do not meet the proposed
                                               to child care providers. Both felt that                 size cribs. (See Tabs F and G of the                  standard. The commenter expressed
                                               this alternative might be perceived as                  staff’s briefing package on the proposed              concern that ‘‘the standards could be
                                               advocating the use of play yards, which                 rule at: http://www.cpsc.gov/library/                 eliminating a company that produces
                                               they felt would decrease the safety and                 foia/foia10/brief/104cribs.pdf). In the               extremely high quality materials and is
                                               quality of care. Some commenters noted                  initial regulatory flexibility analyses, all          very safety conscious.’’
                                               that play yards are not an option for                   of the effects on child care centers were                (Response 12)—The final rule may
                                               some child care centers due to state                    considered in the analysis for non-full-              have the effect of eliminating particular
                                               licensing laws.                                         size cribs.                                           crib models from the marketplace.
                                                  (Response 9)—Although the CPSC                          We have modified our Regulatory                    However, these crib models likely will
                                               does not advocate the use of play yards                 Flexibility Act discussion in the final               be replaced by modified versions that
                                               instead of cribs in child care                          rule. CPSC staff’s analysis using data                comply with the new standards. The
                                               environments, issues regarding the                      provided by the Early Care and                        final rule is unlikely to drive many
                                               possible use of play yards or other                     Education Consortium (ECEC), the                      manufacturers out of business,
                                               products (in place of cribs) and state                  National Association for Family Child                 particularly those with otherwise high
                                               laws are outside the scope of this                      Care (NAFCC), and the National Head                   quality cribs that may require only
                                               rulemaking. This final rule establishes                 Start Association (NHSA), yields one-                 minimal design modifications to come
                                               standards for full-size and non-full-size               time replacement costs of approximately               into compliance with the new
                                               cribs.                                                  $387 million. The discussion also has                 standards. This is especially the case
                                                                                                       been modified to take into account                    with manufacturers that supply many
                                               8. Economic Impact of CPSC’s Crib                       specifically the possibility that child               products other than just cribs to the
                                               Standards on Child Care Centers                         care centers might go out of business, as             market, including the company
                                                  (Comment 10)—Several commenters                      well as the impact of the final rule on               mentioned in the comment.
                                               expressed concern that the proposed                     families using child care.
                                               rule, if finalized, would place a large                    (Comment 11)—Several commenters                    9. Fixing or Retrofitting Cribs
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                                               financial burden on child care centers,                 expressed concern about the ability of                   (Comment 13)—Three commenters
                                               particularly given the tight budgets and                child care providers to pass on costs to              (all of whom were child care providers)
                                               lethargic economy. One commenter                        their clients to reduce the economic                  requested that the CPSC provide
                                               estimated that the total one-time cost to               impact of the final rule. These                       methods of checking whether their
                                               day care centers to replace their cribs                 commenters stated that they felt the                  current cribs would meet the new
                                               could be as much as $600 million, with                  analysis in the preamble to the proposal              standards. They also requested that the
                                               an additional $2.5 million required for                 did not appreciate child care centers’                final rule include descriptions of how to


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                                               81772            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               fix cribs that fail a particular                        thousands of cribs. Having a sufficient               any comments from hotels or similar
                                               requirement (i.e., retrofit), as a way to               number of cribs is essential to their                 places of public accommodation
                                               limit the number of new cribs that must                 business because, if they provide care                indicating the need for additional time
                                               be purchased. These comments                            for infants, they cannot operate without              to obtain complying cribs for such
                                               mentioned retrofits to handle drop-side                 providing cribs for their customers’ use.             establishments. We did receive one
                                               cribs in particular.                                       Based on a 2005 U.S. Department of                 comment from JPMA requesting
                                                  (Response 13)—Section 104(c) of the                  Education’s National Household                        additional time for ‘‘hospitality and
                                               CPSIA requires child care centers to                    Education Surveys Program (‘‘NHES’’)                  commercial facilities,’’ noting that the
                                               provide cribs that comply with the new                  Early Childhood Program Survey,                       need for these entities to ‘‘dispose of
                                               crib standards once they are in effect.                 approximately 774,000 children under                  their inventories of non-compliant
                                               The standards not only prohibit                         the age of one year old are in                        product and repurchase all new
                                               traditional drop-sides, but they also                   nonparental, nonrelative child care                   replacement products * * * will place
                                               have complex requirements, such as                      arrangements each week. We                            a tremendous financial burden on those
                                               those for hardware, that make it difficult              understand from commenters that the                   facilities, requiring an enormous capital
                                               to determine whether an existing crib                   typical life cycle of a crib used in a                investment as a result of the wholesale
                                               would meet the new standards without                    child care center is 10 years. Thus, we               changes to inventory.’’ Although child
                                               testing that individual crib. Because the               estimate that, in any given year, child               care commenters provided detailed
                                               crib would be destroyed in the process                  care providers replace approximately                  information about the number of cribs
                                               of testing, it is impossible to test each               77,000 cribs. Assuming that one crib                  in child care centers, the normal rate of
                                               crib. Therefore, we cannot provide                      must be provided for each child under                 replacement, and the anticipated costs
                                               methods to check existing cribs for                     the age of one, at least 700,000 cribs—               of complying with the new crib
                                               compliance with the CPSC’s new crib                     ten times more than the annual                        standards, we did not receive such
                                               standards. We also note that retrofits                  average—would be needed to replace                    information concerning places of public
                                               that would be appropriate for a recall                  noncompliant cribs when the new                       accommodation. However, places of
                                               might not be sufficient to meet the                     standards take effect. This demand                    public accommodation are similarly
                                               requirements of the new standards. For                  would be added to the demand of                       situated to child care centers in that
                                               example, manufacturers have offered                     private households for new compliant                  they must purchase cribs and then
                                               immobilizers in the past to address                     cribs and any cribs replaced by the                   provide them for their customers to use
                                               drop-side hazards on recalled cribs.                    53,000 places of public accommodation                 and will likely face the same difficulties
                                               This retrofit would not be sufficient to                covered by section 104 of the CPSIA.                  as child care centers in complying with
                                               meet the crib standards. An immobilizer                    The Commission has the discretion to               the new crib standard in a short period
                                               merely covers up part of the drop-side                  set the effective date for the crib                   of time. Therefore, the Commission is
                                               hardware and makes the drop-side                        standards, and could set an effective                 providing a longer compliance period
                                               unusable while in place, but it would                   date longer than six months for all                   for places of public accommodation as
                                               not prevent a user from removing the                    entities that are subject to the standards,           well as child care centers.
                                               retrofit and using the drop-side again.                 or could provide a longer period just for
                                                                                                       child care centers to comply with the                 11. Effect on Places of Public
                                               10. Effective Date/Enforcement Policy                   new crib standards. Balancing all of the              Accommodation
                                                  (Comment 14)—Most commenters                         concerns expressed by the commenters,                   (Comment 16)—Two commenters,
                                               supported the proposed six-month                        the final rule provides an additional 18              neither of which were places of public
                                               effective date for manufacturers and                    months for child care facilities, family              accommodation nor did they represent
                                               distributors of cribs, except one                       child care homes, and places of public                places of public accommodation,
                                               commenter requested (without                            accommodation to comply with the new                  expressed concern about the potential
                                               providing any explanation or support)                   standards.                                            cost impact on places of public
                                               one to two years for manufacturers and                     (Comment 15)—One commenter                         accommodation.
                                               distributors of non-full-size cribs. Many               suggested that we establish an                          (Response 16)—The CPSC believes
                                               commenters, however, requested a                        enforcement policy that would allow                   that while some providers of public
                                               longer effective date for child care                    ‘‘a practical phased effective date for               accommodation may provide a few cribs
                                               centers to allow them to spread the costs               hospitality and commercial facilities’’               for use by customers, the number of
                                               of compliance over a longer period of                   (the latter being interpreted by the                  non-full-size cribs at any one
                                               time and to ensure that there are a                     commenter as including child care                     establishment is likely to be low. Firms
                                               sufficient number of compliant cribs                    providers) and distinguish between                    may opt to reduce the impact of the rule
                                               available for purchase. Most of these                   commercial- and noncommercial-use                     by ceasing to provide cribs to their
                                               commenters suggested an additional six                  products.                                             customers, not replacing all of their
                                               months for cribs in child care centers,                    (Response 15)—Section 104(c) of the                cribs, or providing play yards instead.
                                               and two commenters suggested a five-                    CPSIA does not distinguish between                    Therefore, it is unlikely that the crib
                                               year effective date for child care centers.             commercial and noncommercial cribs                    standards will have a significant impact
                                                  (Response 14)—We recognize that                      and does require cribs in child care                  on a substantial number of firms
                                               complying with the new crib standards                   centers and places of public                          providing public accommodation.
                                               may place a significant financial burden                accommodation to comply with the new                  However, we have to expect that some
                                               on child care centers. Nevertheless,                    crib regulations. As discussed in the                 portion of the more than 53,000 places
                                               section 104(c) of the CPSIA requires that                                                                     of public accommodation covered by
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                                                                                                       previous response, the Commission has
                                               child care centers provide cribs for use                discretion to set effective and                       the Act that provide cribs for their
                                               that meet the CPSC’s new crib standards                 compliance dates for the new standards.               customers will replace their cribs to be
                                               when these standards are in effect. The                    Although the Commission received                   in compliance with this rule. There
                                               Commission recognizes that child care                   numerous comments from child care                     could be as many as 160,000 cribs that
                                               facilities face unique circumstances.                   centers concerning their difficulties                 might need to be replaced. As explained
                                               Collectively, child care centers purchase               with meeting the new crib standards                   in the previous response, places of
                                               and provide for use hundreds of                         within six months, we did not receive                 public accommodation and child care


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                       81773

                                               centers are similarly situated in some                  parts 1632 and 1633). Issues regarding                specified modifications, are the most
                                               respects, and therefore, the Commission                 flame retardants and other chemicals                  encompassing and robust crib standards
                                               is providing a longer compliance period                 that may be applied to mattresses are                 and are thus ‘‘more stringent’’ than the
                                               for places of public accommodation as                   beyond the scope of this rulemaking.                  ASTM standards alone.
                                               well as child care facilities, and family
                                                                                                       14. International Standards                           15. Concern About Continually
                                               child care homes.
                                                                                                          (Comment 19)—One commenter                         Replacing Cribs
                                               12. Expiration Date/Definition of Useful                suggested that the CPSC use
                                               Life of Crib                                                                                                     (Comment 20)—Some commenters,
                                                                                                       international standards, or the relevant              consisting of child care centers,
                                                  (Comment 17)—One commenter                           parts of them, as a basis for our                     expressed concern that they would need
                                               asked whether cribs should have an                      regulation. These include the relevant                to replace their stock of cribs every time
                                               expiration date, given that many of the                 international standards or technical                  that ASTM changes its full-size or non-
                                               identified hazards appear to result from                regulations, such as the Health Canada,               full-size crib standards.
                                               prolonged use. The same commenter                       EN (European Nation), or ISO                             (Response 20)—Neither the CPSIA nor
                                               asked how one would define the useful                   (International Standards Organization)                the CPSC’s crib standards would require
                                               life of a crib. For example, would it be                crib standards.                                       replacement of cribs whenever ASTM
                                               defined in terms of the product’s age in                   (Response 19)—CPSC staff has
                                                                                                                                                             revises F 406 or F 1169. The CPSIA does
                                               years, or, how often it had been used?                  reviewed, compared, and considered a
                                                                                                                                                             require that all cribs that are
                                               The commenter also asked how the                        variety of crib standards/regulations,
                                                                                                                                                             manufactured, offered for sale, provided
                                               disassembly and reassembly of a crib                    including the three identified by the
                                                                                                                                                             for use, or otherwise placed in the
                                               would be considered, and what effect                    commenter. In addition, CPSC staff
                                                                                                                                                             stream of commerce meet the crib
                                               this would have on the crib’s                           reviewed the Australian/New Zealand
                                                                                                       crib standard and three voluntary                     standards issued by the CPSC. The
                                               components and hardware.
                                                  (Response 17)—It would be extremely                  standards, one published by                           CPSC’s proposed crib standards
                                               difficult to include a definition of useful             Underwriters Laboratories (which is no                reference ASTM F 406–10a and ASTM
                                               life or to require that manufacturers                   longer an active standard), and the two               F 1169–10; however, the federal
                                               provide an expiration date for cribs. As                ASTM standards. The CPSIA                             standards do not change automatically
                                               recognized by the commenter, the                        specifically requires the Commission to               whenever ASTM revises its voluntary
                                               condition of a crib, including the                      promulgate a safety standard that is                  standards. Rather, to change the federal
                                               security of components and hardware,                    substantially the same as, or more                    crib standards, we would need to engage
                                               can be affected by use. Moreover, each                  stringent than, any voluntary standards.              in notice and comment rulemaking
                                               family uses a crib differently, depending               The Commission chose the appropriate                  procedures and refer to a subsequent
                                               on the activity level of each child, the                ASTM voluntary standards for cribs to                 version of the ASTM standards.
                                               length of time each child uses the crib,                be the basis for the CPSC’s crib                      16. Continued Use of Cribs by
                                               and the frequency of disassembling and                  regulations.                                          Consumers
                                               reassembling the crib. Manufacturing                       CPSC staff’s review of the
                                               differences and variations in materials                 international standards or regulations                   (Comment 21)—One commenter
                                               among cribs, also might affect a crib’s                 identified vast differences. Thus,                    suggested that we include in an
                                               useful life. Thus, even keeping the use                 assuming that the commenter sought                    Enforcement Policy a clarification that
                                               conditions identical, two different cribs               internationally harmonized                            consumers can continue to use cribs
                                               likely will show wear and tear at varied                requirements, even if we were to adopt                that conform to ASTM standards in
                                               rates.                                                  an international standard or regulation,              effect in 2010.
                                                                                                       the differences in the international                     (Response 21)—We intend to
                                               13. Crib Mattress Standards/Regulations                 standards and regulations would not                   distribute information and education
                                                  (Comment 18)—Some commenters                         have resulted in harmonization across                 materials in connection with issuance of
                                               expressed satisfaction that ASTM has                    multiple jurisdictions. The ASTM                      the crib standards and will consider
                                               begun developing a separate safety                      voluntary standard recently adopted one               such a clarification as part of those
                                               standard for mattress fit, and they stated              requirement (the slat/spindle strength                materials. Nothing in the CPSIA, or in
                                               their expectation that the CPSC would                   requirement) that was based on a similar              the crib standards, requires consumers
                                               mandate the voluntary ASTM standard                     requirement in the EN standard and two                to replace their cribs with cribs that
                                               when it is finalized. One comment,                      requirements (the cycle test and the                  comply with the new crib standards.
                                               submitted on behalf of several                          mattress support impact test) that are                The CPSIA requires action by those who
                                               organizations and individuals,                          almost identical to ones found in the                 manufacture, sell, lease, or otherwise
                                               expressed concern about health and                      Health Canada regulation. Other                       distribute cribs in commerce, and by
                                               environmental risks that the                            requirements in the ASTM standards are                child care centers and places of public
                                               commenters believed could be                            equivalent to requirements in some of                 accommodation.
                                               associated with the use of certain flame                the other international regulations.                  17. Miscellaneous Clarifications About
                                               retardants or other potentially harmful                    Regardless, section 104(b) of the
                                                                                                                                                             Use of Certain Cribs/Play Yards
                                               chemical agents in the manufacture of                   CPSIA requires us to promulgate
                                               crib mattresses. It suggested that the                  regulations that are substantially the                  (Comment 22)—A few commenters
                                               CPSC ‘‘ensure that a standard or                        same as voluntary standards or more                   asked for clarification or made incorrect
                                                                                                       stringent than such voluntary standards               interpretations of the proposed rule or
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                                               regulation for crib mattresses address
                                               both health and environmental risks                     if we determine that the more stringent               the CPSIA. These comments mostly
                                               that potential hazardous chemicals                      standards would further reduce the risk               dealt with the requirements as they
                                               could pose to infants.’’                                of injury associated with durable                     would apply to child care centers. One
                                                  (Response 18)—We already have                        nursery products. Section 104(b) of the               commenter asked if she would no longer
                                               regulations pertaining to the                           CPSIA does not mention international                  be able to use wooden cribs or play
                                               flammability of mattresses, mattress                    harmonization of standards. We believe                yards. Another commenter incorrectly
                                               pads, and mattress sets (see 16 CFR                     that the ASTM standards, with the                     understood that consumers would be


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                                               81774            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               required to replace their cribs, and she                sale, or manufactured in the United                   would work adequately for a crib side
                                               objected to this.                                       States. (The Act provides numerous                    with no moving segments, it would not
                                                 (Response 22)—The CPSIA and the                       exemptions from these standards.) The                 define clearly testing procedures for
                                               crib standards do not dictate the kind of               standards are to be administered by the               segmented sides. The intent of the slat
                                               sleeping environment—full-size crib,                    U.S. Environmental Protection Agency                  strength test is to verify that the crib
                                               non-full-size crib, or play yard—that a                 (EPA). The law makes no specific                      slats can withstand 80 lbf. If a crib side
                                               child care center must provide. Further,                mention of cribs. However, it appears                 includes a hinge or other folding
                                               the crib standards do not dictate the                   that if cribs are made of the types of                mechanism, the force applied to the slat
                                               type of material from which a crib must                 wood subject to this law, the                         could be transferred to the hinge and
                                               be made (e.g., wooden, metal, or                        formaldehyde emission standards                       unintentionally test the structural
                                               plastic). The CPSIA does require that                   would apply to them. If manufacturers                 integrity of the hinge and/or hinge
                                               any rigid crib, whatever it is made of,                 have questions about the applicability of             attachment. We have not received
                                               comply with either the full-size or non-                the emission standards to their cribs,                reports of any incidents regarding crib
                                               full-size crib standard. Finally, nothing               they should contact the EPA.                          sides with hinges or other folding
                                               in the CPSIA, or in CPSC’s crib                                                                               mechanisms. The final rule includes
                                               standards, would require consumers to                   20. Soft Bedding
                                                                                                                                                             new provisions in both the full-size and
                                               replace their cribs with cribs that                        (Comment 25)—One commenter                         non-full-size crib standards, based on
                                               comply with the new crib standards.                     supported the proposed crib standards                 the language provided by the
                                                                                                       and suggested that the Commission also                commenter, to clarify the spindle/slat
                                               18. Testing by Firewalled Labs                          look into regulating soft infant bedding              testing procedure for cribs with folding
                                                   (Comment 23)—Several consumer                       products, such as bumper pads.                        or movable sides.
                                               groups suggested that the Commission                       (Response 25)—As noted in the staff’s
                                               not accept any ‘‘firewalled labs’’ to do                briefing package that accompanied the                 22. Definition of Folding vs. Movable
                                               testing for compliance with the crib                    proposed rule, extra bedding in cribs                 Sides
                                               standards because cribs ‘‘should meet                   accounted for the majority of infant                    (Comment 27)—One commenter
                                               the highest safety standards.’’                         deaths in cribs or other sleeping                     asked about the difference between
                                                   (Response 23)—Section 102(a)(2) of                  products, but there are no performance                movable sides and folding sides as
                                               the CPSIA generally requires that                       requirements for cribs that can address               defined in the voluntary full-size crib
                                               manufacturers and private labelers of                   this issue. (See page 12 of CPSC staff’s              standard, ASTM F 1169–10.
                                               children’s products (such as cribs) that                briefing package for the proposed rule                  (Response 27)—ASTM F 1169–10
                                               are subject to a children’s product safety              at: http://www.cpsc.gov/library/foia/                 defines a folding side as a side or part
                                               rule submit samples of their products                   foia10/brief/104cribs.pdf.) Education                 of a side that folds or pivots in order to
                                               for testing by a third party for                        and information may be a more                         provide easier access to an occupant. An
                                               compliance to applicable children’s                     appropriate way to address the hazards                example of this is a crib with a drop-
                                               product safety rules. Section 102(f)(2)(D)              associated with extra bedding. For                    gate design, where the top portion of
                                               of the CPSIA allows the Commission to                   instance, the recently released CPSC                  one side folds over by use of a hinge or
                                               accredit a third party conformity                       video on safe sleeping, (http://                      hinges. A movable side is also a side
                                               assessment body (often referred to as a                 www.cpsc.gov/cpscpub/prerel/                          that is used to provide easier access to
                                               ‘‘testing laboratory’’ or ‘‘lab’’) that is              prhtml11/11021.html.), is an example of               an occupant and is any design other
                                               owned, managed, or controlled by a                      an educational tool designed to bring                 than a folding side.
                                               manufacturer or private labeler as a                    more awareness to new parents of the
                                                                                                                                                             23. Rocking Crib Test Procedure
                                               third party testing lab if it meets certain             dangers of extra or soft bedding.
                                               requirements. Such testing labs are                                                                             (Comment 28)—One commenter
                                                                                                       21. Slat Strength Test Changes for                    asked how we plan to apply the
                                               known as ‘‘firewalled’’ labs. If a
                                                                                                       Folding Crib Sides                                    proposed crib standard to cribs that are
                                               firewalled lab meets the necessary
                                               requirements, its testing should be                       (Comment 26)—One commenter                          built with rockers, a design that is not
                                               equivalent to testing conducted by any                  noted that the spindle/slat testing                   addressed explicitly by ASTM F 1169–
                                               other third party testing lab. Thus,                    procedure does not consider testing crib              10. The commenter noted that such a
                                               section 102 of the CPSIA does not                       sides that fold either for access to the              product could be a ‘‘super-sized’’ cradle
                                               prohibit the use of firewalled labs.                    occupant or for storage and transport                 or rocking bassinet, whose interior
                                                                                                       and that, as written in the proposed                  dimensions meet that of a full-size crib,
                                               19. Formaldehyde Standards for Wood                     standard, the test method does not                    or perhaps a glider-style crib. The
                                               Products Act                                            specify testing procedures for such                   commenter stated that it would make
                                                 (Comment 24)—One commenter                            segmented sides. The commenter                        sense for the crib to be arrested during
                                               stated that composite woods used in                     suggested adding the following language               testing so that the crib does not rock, but
                                               cribs should comply with the                            for the full-size and non-full-size crib              the commenter felt that this was not
                                               Formaldehyde Standards for Wood                         standards: ‘‘For cribs incorporating                  clear in the proposed rule.
                                               Products Act (Pub. L. 111–199) and that                 folding or moveable sides for purposes                  (Response 28)—We find that the
                                               the CPSC should require that all cribs                  of easier access to the occupant, storage             current language in the standard is
                                               using composite wood be tested for                      and/or transport, each side segment                   sufficient and clearly states that, for
                                               compliance to these standards.                          (portion of side separated by hinges for              each dynamic test requirement, the crib
                                                 (Response 24)—The Formaldehyde                                                                              must be mounted rigidly prohibiting or
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                                                                                                       folding) shall be tested separately as
                                               Standards for Wood Products Act was                     described above.’’                                    arresting any movement of the crib
                                               enacted on July 7, 2010. It amends the                    (Response 26)—CPSC staff worked in                  during all phases of the test procedure.
                                               Toxic Substances Control Act and                        cooperation with the ASTM task group,                 Furthermore, it would be intuitive for
                                               establishes formaldehyde emission                       which created the language suggested by               test laboratories that a rocking crib must
                                               standards for hardwood, plywood,                        the commenter, to address this issue.                 be secured to arrest any motion in the
                                               medium density fiberboard, and particle                 Although the defined testing                          vertical or horizontal direction.
                                               board that is sold, supplied, offered for               requirements in the proposed rule                     Manufacturers and test labs have been


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                         81775

                                               manufacturing and testing non-full-size                 the effects of the vertical mattress                  further the need for the retightening
                                               rocking cribs for some time now, and we                 support impact and crib side rail impact              allowance, especially with crib designs
                                               are not aware of any clarity requested or               tests on fasteners loosened during the                that utilize fasteners that are difficult to
                                               needed for testing existing non-full-size               cyclic side shake test. We intentionally              access.
                                               rocking cribs or potentially newly-                     backed out fasteners one-quarter and                     In summary, we strongly disagree
                                               designed full-size rocking cribs.                       one-half turn, chosen at random on                    with the request to allow retightening of
                                                                                                       three full-size and two non-full-size                 fasteners. The majority of crib side rail
                                               24. ASTM Provision Concerning
                                                                                                       cribs, prior to mattress support and side             corners are attached with one screw.
                                               Retightening Screws and Bolts
                                                                                                       impact testing. In summary, the side rail             Loosening just one screw can result in
                                                  (Comment 29)—Numerous                                impact test severely affected fasteners               subsequent detachment of the side rail
                                               commenters supported the proposed                       that lost their seated preload,                       corner, creating a hazardous gap. There
                                               rule’s exclusion of the provision in                    approximately one-half turn and greater.              have been at least 10 fatalities where
                                               ASTM F 1169–10 concerning                               Fasteners that were loosened less than                loose screws have contributed to the
                                               retightening of screws between tests,                   one-half turn maintained sufficient                   death of a child. After drop-sides, loose
                                               noting that it will enhance crib safety.                preload to withstand the side impact                  screws are the second highest cause of
                                               One commenter, however, disagreed                       test vibrations applied to the lower rail.            fatalities associated with the structural
                                               with exclusion of the hardware                          If the fasteners that loosened after the              integrity of cribs. It is important that
                                               retightening provision. The commenter                   crib side impact test had been                        fasteners remain secure during the
                                               stated that the dynamic tests, namely                   retightened beforehand, a potentially                 useful life of the crib.
                                               the shake test, vertical mattress support               dangerous condition, such as a
                                               impact test, and the crib side rail impact              hazardous gap created by loosened                     25. Captive Hardware
                                               test are designed to simulate and                       hardware, would have gone unnoticed.                     (Comment 30)—Some commenters
                                               accelerate the use and abuse of the crib.                  Second, we recently had the                        suggested that the hardware used for
                                               The commenter noted that, ‘‘absent test                 opportunity to evaluate each proposed                 assembly remain captive in the key
                                               data to support a contrary position,                    performance requirement by                            structural components when a crib is
                                               tightening of the screws is consistent                  participating in the testing of a full-size           disassembled to reduce the chance of
                                               with the ASTM requirements and                          crib according to the full-size crib                  losing the hardware and of owners
                                               CPSC’s own historic test practices.’’ One               standard. Test results showed that the                subsequently substituting inappropriate
                                               commenter stated that CPSC staff has                    forces exerted on the crib sides during               hardware for the hardware that was
                                               not had the time to evaluate the efficacy               the shake test are not significantly                  provided originally with the crib.
                                               of not removing the retightening                        detrimental to loosening hardware.
                                               allowance.                                                                                                       (Response 30)—Captive hardware
                                                                                                       After completion of the shake test on the
                                                  (Response 29)—We strongly disagree                                                                         typically includes a threaded insert with
                                                                                                       test crib, two fasteners were noted to
                                               with the commenter opposing exclusion                                                                         a captive screw on the mating
                                                                                                       have backed out, one about one-eighth
                                               of the hardware retightening provision.                                                                       component. A few of the advantages of
                                                                                                       of a turn, and one close to one-half a
                                               It is true that the purpose of accelerated                                                                    captive hardware include: Prevention of
                                                                                                       turn. Neither fastener backed out
                                               life cycle tests is to accelerate the                   enough to be considered noncompliant                  lost hardware, accurate and repeatable
                                               degradation rate of a product under                     with the test requirement. In addition,               assembly of primary structural
                                               known use conditions. However, the                      these two fasteners did not back off any              components, and ease of assembly. Crib
                                               accelerated tests that are required in                  further after the mattress support and                designs using captive hardware,
                                               both the full-size and non-full-size crib               crib side impact testing. However, after              especially for primary components,
                                               standards are not overly stringent. The                 the crib side impact test, another                    such as side rails, could minimize the
                                               combination of the shake test (to                       fastener, a wing nut securing the                     chance of screws loosening, allowing
                                               simulate a child standing and shaking                   mattress support, backed off several                  components to detach and create an
                                               the top of a side rail), the vertical                   turns, creating about a three millimeter              entrapment hazard. In addition, captive
                                               mattress support impact test (child                     separation, which is noncompliant with                hardware could: (1) Make assembly of
                                               jumping), the crib side rail impact test                the requirement. Therefore, the crib                  cribs easier; (2) minimize the chance of
                                               (child climbing outside of rail), and the               ultimately failed due to a primary                    a consumer replacing a lost screw with
                                               slat/spindle strength test (child and/or                component attached by a screw that                    an incorrect or improper substitute; and
                                               sibling falling against or kicking slats)               separated more than one millimeter. It                (3) reduce the chance of a consumer
                                               comprise a laboratory simulation of a                   is important to note that the assembly                misassembling the crib.
                                               lifetime of use. The shake test                         envelope around the wing nuts was                        Although, there appear to be many
                                               parameters are based on a lifetime of use               confined severely by the proximity of                 advantages to using captive hardware on
                                               of only 18 months, or use by just one                   the mattress support frame to the side                cribs, there are several disadvantages as
                                               child. The majority of cribs are used for               slats. This made it difficult to ensure               well. First, if a captive screw ever
                                               two and three children, and some are in                 that adequate torque was applied during               becomes damaged or is inadvertently
                                               use for 15 years or longer. Furthermore,                crib assembly. Results such as these                  bent or pulled from an external force
                                               the accelerated life cycle tests include                reemphasize the importance of not                     while in the disassembled state, it may
                                               test parameters for foreseeable use of the              allowing retightening of fasteners during             be difficult or impossible to reassemble
                                               product. Foreseeable use includes a                     testing, because it is foreseeable that a             the crib component with the damaged
                                               child shaking the side rails, jumping on                consumer will have similar difficulty                 screw or to remove and reinstall a
                                                                                                                                                             replacement captive screw. Second,
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                                               the mattress, climbing on the outside of                tightening a fastener in a confined
                                               the side rails, or falling or kicking the               space.                                                requiring captive hardware to attach a
                                               crib slats.                                                It is also important to note that ASTM             mattress support could result in more
                                                  As for the commenter’s statement that                F 1196–10 and F 406–10a include a new                 complicated designs or extra hardware
                                               CPSC staff has not had the time to                      hardware and fasteners requirement,                   because one main component of a full-
                                               evaluate the efficacy of not removing the               which requires that crib hardware                     size crib, the mattress support, typically
                                               retightening allowance, we disagree.                    include a locking device or method for                is designed to be installed in different
                                               First, we conducted initial tests to verify             impeding loosening. This will reduce                  positions (levels).


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                                               81776            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                                 Although the advantages of using                         As for the commenter’s concern           commenter supported an immediate
                                               captive hardware may seem to outweigh                   regarding the potential delay in            change in the language in the warning,
                                               the disadvantages, we conclude that it is               specifying and ordering a test mattress     and other commenters supported a
                                               premature to mandate the use of captive                 to correctly fit the non-full-size crib     language change only after a separate
                                               hardware. We encourage manufacturers                    being tested, this issue could be           mattress standard has been developed.
                                               and ASTM to investigate the use of                      addressed easily if the manufacturer          (Response 32)—The non-full-size crib
                                               captive hardware systems on cribs and                   includes a test mattress in the crib’s bill standard requires all non-full-size cribs
                                               note that some manufacturers already                    of materials at the design stage. This      to be sold with their own mattress.
                                               are employing or considering using such                 will ensure that all crib components,       These comments only relate to a
                                               designs.                                                including the test mattress, are procured   warning label about replacement
                                                                                                       at the same time. Thereafter, the test      mattresses, and do not suggest changing
                                               26. Test Mattress for Non-Full-Size Crib
                                                                                                       mattress will be available for testing,     the requirement for the mattress
                                               Mattress Support Test
                                                                                                       when needed, eliminating any                supplied with the non-full-size crib. We
                                                  (Comment 31)—One commenter                           additional testing delays or increased      agree that replacement mattresses made
                                               expressed concern about the                             costs by the test laboratories.             by manufacturers other than the
                                               requirement for non-full-size cribs to                     As for the commenter’s concern           supplier of the non-full-size crib can
                                               conduct the mattress support testing                    regarding the use of a test mattress just   achieve a satisfactory fit, because there
                                               (dynamic impact) with a specific test                   large enough to accommodate the             are many common sizes among non-full-
                                               mattress for each product, as opposed to                impactor used during the mattress           size cribs. Furthermore, we agree that,
                                               conducting this test with the mattress                  impact test, in general, using any test     without alternatives, consumers may
                                               supplied with each crib. The commenter                  mattress that is smaller than the interior  resort to homemade bedding surfaces
                                               was concerned that testing with such a                  surface area of the crib will be more       when they need to replace a mattress.
                                               mattress may be less stringent than                     stringent than using a mattress             Pads that are ‘‘designed for’’ a given crib
                                               testing with the mattress supplied with                 equivalent to the crib’s interior surface   will simulate all dimensions (edge
                                               the product. The commenter also was                     area. A smaller test mattress will          contours, overall area, density, and
                                               concerned that the provision could                      transfer more energy into the mattress      thickness) of the original mattress
                                               require test labs to have multiple test                 support system. Specifically, using the     supplied by the manufacturer. A
                                               mattresses to suit all different                        18 inches x 18 inches x 3 inches            mattress with the dimensions necessary
                                               dimensions of non-full-size cribs. This,                mattress pad as an example, the impact      for eliminating hazardous gaps in the
                                               the commenter stated, could increase                    head, about 8 inches across, when           crib can be manufactured satisfactorily
                                               the time and costs of testing.                          positioned 2 inches from the sides in a
                                                  The commenter recommended using                                                                  by anyone, not just the original
                                                                                                       corner will hit the test mattress such
                                               the mattress supplied with the product                                                              manufacturer. We believe it would be
                                                                                                       that it overlaps the midplane or
                                               in the dynamic testing. Alternatively,                                                              better to address this issue after a
                                                                                                       geometric center of the test mattress.
                                               the commenter suggested: (1) stating in                                                             mattress standard has been created.
                                                                                                       Therefore, the test mattress foam will
                                               the final rule that a test mattress be large            sustain more damage than a larger             (Comment 33)—A commenter stated
                                               enough to accommodate the impactor to                   mattress. Unless replaced for each test,    that, ‘‘If the CPSC mandates that
                                               be used in the test, provided the test                  it will soften, thereby transmitting more   consumers ‘use only the mattress/pad
                                               mattress does not shift in any way                      energy into the mattress support            provided by the manufacturer’ then
                                               during testing or (2) specifying a smaller              structure. CPSC staff believes that using   retailers will be inclined to stop offering
                                               test mattress that would accommodate                    an undersized mattress will mean less       alternative mattresses/pads.’’
                                               all non-full-size cribs currently for sale              repeatability from lab to lab and              (Response 33)—The final rule does
                                               in commerce, with such dimensions as                    different force distributions experienced   not mandate what mattress a consumer
                                               18’’ × 18’’ × 3.’’                                      on each crib.                               can use, and it does not prohibit the sale
                                                  (Response 31)—In some instances, it                     Once a crib mattress standard is         of replacement mattress pads. The
                                               may be true that testing non-full-size                  developed, which would diminish the         standard simply requires a warning
                                               cribs with a thicker test mattress may be               variability currently inherent in the       label on the product. The label
                                               less stringent than testing with the                    mattress manufacturing process, testing     mentioned by the commenter has been
                                               mattress supplied with the product.                     non-full-size cribs with their supplied     part of the ASTM standard for non-full-
                                               However, we feel it is more important                   mattresses may be more workable.            size cribs since 1997, and JPMA-
                                               to use a standard size test mattress for                However, for the present, we feel that it   certified non-full-size cribs have
                                               test repeatability between testing                      is more important to ensure                 displayed that warning since that time.
                                               facilities. Crib mattresses, especially                 repeatability between test laboratories     The commenter does not provide any
                                               mattresses provided with non-full-size                  by requiring the same vertical mattress     data or evidence to support the
                                               cribs, are typically entry-level price                  impact test for both full-size and non-     contention that retailers will stop
                                               point mattresses. Foam and mattress                     full-size cribs.                            offering alternative mattresses/pads.
                                               stitch variability is inherently high                                                               Consequently, we will wait to revise
                                               throughout the mattress industry.                       27. Replacement Mattresses in Non-Full- this warning label until after a mattress
                                               Furthermore, the mattress thickness,                    Size Cribs                                  standard has been created, as suggested
                                               foam density, and other mattress                           (Comment 32)—Several commenters          by other commenters.
                                               characteristics determine the amount of                 argued for modifying the warning on
                                                                                                                                                   28. Misassembly
                                               energy that is transferred to the mattress              non-full size cribs, which states, in part:
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                                               support system. If a standard test                      ‘‘Use ONLY mattress/pad provided by            (Comment 34)—Several commenters
                                               mattress is not required, it is foreseeable             manufacturer * * *’’ and instead use        suggested that products should be
                                               that the same non-full-size crib with a                 language that does not specify the          designed so that the consumer-
                                               supplied one-inch mattress may pass at                  manufacturer of the replacement             assembled parts cannot be
                                               one test laboratory, but fail at another,               mattress, because some manufacturers        misassembled. They suggested that all
                                               due solely to the inherent variability in               make mattresses for other                   parts of a crib should fit only in the
                                               the mattress manufacturing process.                     manufacturers’ products. One                correct orientation, and that if


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                               81777

                                               misassembled, the crib would be                         infants into cribs than people who are                CPSC nor ASTM set a requirement for
                                               unusable.                                               taller, the standard does not prevent crib            this measurement (which is the
                                                  (Response 33)—This suggestion                        designers from making cribs that have                 measurement to which the commenter
                                               originates from reports of fatal                        sides that lower in some manner to help               refers).
                                               incidents, wherein a crib side was                      access the crib interior. Cribs with a gate              Setting a maximum crib height will
                                               installed upside-down. We have                          that swings downward on a piano hinge                 not reduce the number of incidents of
                                               considered such a requirement for the                   commonly are available and meet the                   children climbing and falling out of
                                               standard, but it would be difficult to                  requirements of the standard. Other                   cribs (because that is dictated by the
                                               implement. Any part of a product can be                 designs that raise and lower the side of              side height). Therefore, a maximum crib
                                               misassembled, and there are also certain                the crib are possible. These alternative              height will not prevent injuries. A
                                               parts of cribs that can be safely used in               designs provide the same convenience                  maximum crib height could reduce,
                                               any orientation. Manufacturers could                    as traditional drop-side cribs.                       perhaps, the severity or number of
                                               resort to more preassembly of crib                         As for the commenter’s argument                    injuries. Side height requirements for
                                               components to meet this commenter’s                     regarding supervision of infants in                   full-size cribs specify a minimum of 26
                                               suggestion, but due to the size of an                   professional care environments, we                    inches between the top of the mattress
                                               assembled crib and its components, any                  agree that professional child care                    support in its lowest position, and the
                                               preassembly would likely be very                        environments generally have a higher                  top of the lowest rail. Thus, even if the
                                               limited in nature and thus would not                    level of supervision than the average                 mattress support was on the floor, the
                                               solve the problem.                                      residential child care environment.                   minimum fall distance would be 26
                                                  The requirement to make a crib                       However, cribs are designed with the                  inches, which still can result in an
                                               unusable when a part is misassembled                    idea that children can be left in them                injury. No maximum crib height will
                                               is not feasible because consumer                        unsupervised. With respect to routine                 eliminate injuries from falls, and setting
                                               modifications and misassemblies could                   safety checks, CPSC staff does not                    an arbitrary number above 26 inches as
                                               be clever and forceful. Questions to                    recommend relying on human behavior                   a maximum height would be design
                                               consider include: Can the potential                     for safety, when a design change is                   restrictive.
                                               misassembly involve consumer use of                     available that can eliminate a hazard.                   Many non-drop-side cribs have lower
                                               hand tools and off-the-shelf fasteners?                 Within the field of prevention science,               overall heights than the average
                                               What if the misassembled part is                        behavioral solutions are always the last              traditional drop-side crib. We took
                                               redrilled to make it fit? How can a                     choice when designing for safety,                     measurements of 48 drop-side cribs and
                                               manufacturer make a part unusable if                    because humans are fallible.                          15 non-drop-side cribs and found the
                                               misassembled, when the test lab is                                                                            following:
                                               allowed to ignore the manufacturer’s                    30. Fall Hazards
                                               instructions?                                              (Comment 36)—A few commenters                               Crib type                Crib height
                                                  It would be difficult, perhaps                       expressed concern about hazards
                                               impossible, to devise a reliable method                 associated with falls from cribs. These               Drop-side cribs ..........   33″ to 43″.
                                               for testing such a requirement. The                     commenters agreed that it is not                      Non-drop-side cribs ...      32″ to 39.75″.
                                               testing permutations needed to prove                    appropriate to lower the age                            Based on this sample, non-drop-side
                                               the utility of some parts in all possible               recommendation or increase the crib                   crib heights do not appear to be higher,
                                               configurations would increase the                       side heights. However, the commenters                 but are at, or below, traditional drop-
                                               number of tests that would have to be                   urged the Commission to research these                side crib heights. A shorter crib height
                                               performed, because each part would                      issues and develop innovative solutions,              would require fewer construction
                                               have to be tested in every possible                     including thorough public education                   materials and could result in lower crib
                                               position. Although we agree that the                    efforts, to limit hazards when children               weight (which could reduce associated
                                               principle of making parts oriented in                   climb out of cribs. Another commenter                 shipping costs). Thus, crib
                                               only one direction is sound, the testing                recommended that the CPSC and ASTM                    manufacturers may be inclined to offer
                                               needed to prove the inability to use the                consider setting a maximum crib height,               cribs with shorter heights. We believe
                                               part makes testing the requirement                      as measured from the top rail to the                  that the availability of cribs with shorter
                                               impractical. The requirement in the                     floor.                                                heights may increase, because the
                                               standard to clearly mark the                               (Response 36)—We acknowledge that                  clearance formerly needed under the
                                               manufacturer’s recommended                              injuries resulting from crib-related falls            crib for the operation of drop-sides no
                                               installation orientation addresses the                  rank high in terms of the number of                   longer would be necessary.
                                               problem and highlights the design                       incidents. The new crib standards
                                                                                                       contain labeling requirements, but not                31. Crib Side Heights
                                               principle for manufacturers.
                                                                                                       any design or performance                                (Comment 37)—A commenter claimed
                                               29. Utility of Drop-Side Cribs                          requirements, to address this hazard.                 that crib manufacturers now are using
                                                 (Comment 35)—One commenter                            When discussing height, some                          the bare minimum side heights and that,
                                               claimed that drop-side cribs are                        distinctions must be made. The side                   when drop-sides were allowed, many
                                               necessary for some caregivers because                   height of a crib is the height from the               manufacturers exceeded the minimum
                                               some caregivers are shorter. The                        top of the mattress support (for full-size            side height, thereby preventing some
                                               commenter also suggested that                           cribs) in its lowest position, to the                 falls. The commenter did not include
                                               professional child care environments                    lowest part of the top rail. This                     data to support this assertion that crib
                                                                                                       dimension has a minimum that is set by
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                                               should be allowed to use drop-side cribs                                                                      manufacturers are reducing the side
                                               because infants are supervised                          each crib standard. For instance, it is 26            height now that they are no longer
                                               constantly when they are in the crib,                   inches for full-size cribs. This minimum              making drop-side cribs.
                                               and the cribs are checked routinely for                 height is required to help prevent                       (Response 37)—Measurements of
                                               safety.                                                 children from climbing out of the crib.               various cribs taken by CPSC staff show
                                                 (Response 35)—Although we agree                       One also can measure the crib height,                 that there are some drop-side cribs and
                                               that people who are shorter in stature                  which is measured from the floor to the               some non-drop-side cribs that just meet
                                               may have more difficulty when placing                   lowest part of the top rail. Neither the              the minimum side height requirement


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                                               81778            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               and there are some drop-side cribs and                  to make the non-full-size crib standard               substantive change that would reduce
                                               non-drop-side cribs that have greater-                  more consistent with the full-size crib               safety. ASTM F 406–10a adds the
                                               than-minimum side heights.                              standard. The proposed modifications                  provision that was (and continues to be)
                                                  The minimum side height                              were: (1) Replacing the mattress support              in the ASTM standard for full-size cribs,
                                               requirement in the crib standard was                    performance requirement in ASTM                       which requires the retightening of
                                               developed with an intended user in                      F 406–10 with the requirement that is in              screws and bolts between tests. The
                                               mind (a child under the height of 35                    the ASTM full-size crib standard; (2)                 CPSC’s final rule for non-full-size cribs
                                               inches). Even so, there always will be a                changing the side impact test in ASTM                 excludes this provision, just as the
                                               certain population of children who will                 F 406–10 to make it identical to the                  CPSC’s final rule for full-size cribs does.
                                               be capable of climbing out of a crib,                   requirements in the ASTM full-size crib                 The final rule for non-full-size cribs
                                               even cribs with a side height greater                   standard; (3) adding a requirement for                also adds language concerning testing of
                                               than what is required by the crib                       movable side latches that is similar to a             cribs with folding sides as in the final
                                               standards. If the overall average side                  provision in previous versions of the                 rule for full-size cribs. The final rule for
                                               height of cribs decreased to the                        ASTM F 406 standard; and (4)                          non-full-size cribs includes one other
                                               minimum side height required in the                     specifying the order for conducting                   modification that was not in the
                                               standard, and inadvertently resulted in                 structural tests, as in the full-size crib            proposal. This change modifies the
                                               a higher frequency of children climbing                 standard. The proposed editorial                      language for a warning label that
                                               out, CPSC staff believes that the                       changes were: (1) Excluding provisions                cautions against placing netting or other
                                               likelihood of serious injury is lessened                in ASTM F 406–10 that cover only play                 covers over the product. The current
                                               by the reduction in the overall fall                    yards; and (2) moving the recordkeeping               wording in ASTM F 406–10a mentions
                                               height due to shorter crib heights (based               provision from the appendix of ASTM                   only ‘‘play yards.’’ The final rule
                                               on the sample of cribs examined by                      F 406–10 to the general requirements                  substitutes the word ‘‘product’’ for ‘‘play
                                               CPSC staff).                                            section. See 75 FR 43308 (July 23, 2010).             yard,’’ thus making the warning label
                                                                                                          The final rule incorporates ASTM                   also applicable to non-full-size cribs.
                                               F. Changes to Proposed Rule                             F 406–10a by reference, with certain                  The Commission did not receive any
                                               1. Full-Size Crib Standard                              modifications. This subsequent version                comments on this labeling issue.
                                                                                                       of the ASTM non-full-size crib standard,              However, it is related to the effort in the
                                                 The Commission proposed                               approved on October 15, 2010, and                     CPSC’s proposed and final non-full-size
                                               incorporating ASTM F 1169–10 with                       published in November 2010, includes                  crib standards to exclude provisions
                                               one modification: Excluding the                         most of the changes that were in the                  that relate only to play yards. Recently,
                                               provision, section 6.12, that requires                  proposed rule. Specifically, ASTM                     ASTM approved these two changes
                                               retightening of screws and bolts                        F 406–10a contains the recordkeeping                  (concerning folding cribs and the
                                               between the crib side latch test and the                provision in the general requirements                 warning label regarding netting and
                                               mattress support vertical impact test.                  section (now in section 5.20); the                    covers) for its next version of ASTM
                                               Like the proposal, the final rule                       mattress support impact performance                   F 406, but they are not in ASTM F 406–
                                               incorporates by reference ASTM                          requirement (now included in sections                 10a.
                                               F 1169–10 with the modification to                      6.14, and 8.7); proposed changes to the
                                               exclude the hardware retightening                                                                             3. Effective Date
                                                                                                       side impact test (now included in
                                               provision. The final rule makes one                     sections 6.16, and 8.9); the provision for               The Commission proposed a 6-month
                                               additional modification to ASTM                         movable side latch testing (now                       effective date (as measured from the
                                               F 1169–10, modifying the spindle/slat                   included in section 6.13.1); and the                  date of publication of a final rule in the
                                               testing provision in 7.7.1 of the ASTM                  order of testing (now in section 6.8).                Federal Register). The final rule
                                               standard in order to clarify how to test                Some provisions in ASTM F 406–10a                     maintains the 6-month effective date but
                                               a crib with folding or movable sides.                   are worded slightly differently than the              establishes two compliance dates: 6
                                               The final rule adds a sentence to the end               language in the proposed rule. These                  months for all entities subject to the
                                               of section 7.7.1 of ASTM F 1169–10,                     differences in wording are editorial. The             rule, except for child care facilities,
                                               which states: ‘‘For cribs incorporating                 proposed modifications that are not                   family child care homes, and places of
                                               folding or moveable sides for purposes                  adopted in ASTM F 406–10a are those                   public accommodation which have a 24-
                                               of easier access to the occupant, storage,              that excluded provisions specifically                 month compliance date. As discussed in
                                               and/or transport, each side segment                     related to play yards. Thus, the final                sections E.8 and 10 of this preamble, the
                                               (portion of side separated by hinges for                rule continues to exclude these play                  Commission received several comments
                                               folding) shall be tested separately.’’ This             yard-specific provisions.                             from child care providers describing the
                                               change responds to a comment that the                      In addition to the differences between             impact that the crib standards could
                                               CPSC received on the proposed rule (see                 ASTM F 406–10 and F 406–10a                           have on them, and the Commission
                                               section E of the preamble for discussion                discussed in the preceding paragraph,                 believes that places of public
                                               of the comment and further explanation                  there are a few other differences                     accommodation face similar issues. The
                                               of the need for this change). Also,                     between the two versions (which                       final rule provides a longer compliance
                                               ASTM recently voted to approve adding                   therefore result in differences between               period for these entities to allow them
                                               this language when it next revises                      the CPSC’s proposed non-full-size crib                additional time to purchase compliant
                                               ASTM F 1169.                                            standard and the final standard). Most                cribs and to absorb the costs of meeting
                                                                                                       differences between the two versions are              the standards.
                                               2. Non-Full-Size Crib Standard
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                                                                                                       editorial; for example, the revised
                                                 The Commission proposed                               standard rearranges the order of some                 4. References in 16 CFR 1500.18
                                               incorporating ASTM F 406–10 with                        sections and makes minor wording                         When the Commission proposed the
                                               several modifications to address non-                   changes to make the language more                     crib standards, it also proposed revising
                                               full-size cribs. The proposed rule would                consistent with the full-size crib                    16 CFR 1500.18(a)(13) and (14), which
                                               make four modifications and two                         standard (ASTM F 1169–10). The CPSC                   state that full-size cribs that do not
                                               editorial changes to ASTM F 406–10.                     has reviewed these changes and                        comply with 16 CFR part 1508 and non-
                                               Most proposed changes were intended                     concludes that only one change is a                   full-size cribs that do not comply with


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                       81779

                                               16 CFR part 1509 are banned hazardous                   product safety standard for new and                   effects that the crib undergoes during
                                               substances under the FHSA. We                           used full-size cribs. In accordance with              the sequence of tests. Most of the
                                               proposed to replace the references to 16                section 104(c) of the CPSIA, this section             comments that the CPSC received
                                               CFR parts 1508 and 1509 with                            states that the standard applies to the               concerning this issue supported the
                                               references to the CPSC’s new crib                       manufacture, sale, contract for sale or               CPSC’s exclusion of this provision.
                                               standards which will be codified at 16                  resale, lease, sublet, offer, provision for           Further discussion of the rationale for
                                               CFR parts 1219 and 1220. As noted                       use, or other placement in the stream of              excluding the hardware retightening
                                               earlier in this preamble, elsewhere in                  commerce of a new or used full-size                   provision is provided in section E.24 of
                                               this issue of the Federal Register, we are              crib. This section provides a compliance              this preamble.
                                               revoking the crib regulations that the                  date of 6 months (as measured from the                   The final rule adds one provision for
                                               Commission previously issued under                      date of publication of this final rule in             full-size cribs that was not contained in
                                               the FHSA and are codified at 16 CFR                     the Federal Register) for all entities                the proposed rule. The final rule adds
                                               parts 1508 and 1509. Given that section                 subject to the rule, except for child care            a sentence to section 7.7.1 of ASTM
                                               104(b) of the CPSIA changed the                         facilities, family child care homes, and              F 1169–10 to clarify how to conduct the
                                               regulation of cribs (and other durable                  places of public accommodation which                  spindle/slat static force test with a crib
                                               infant or toddler products) from the                    will have 24 months (as measured from                 that has folding or movable sides
                                               FHSA to the CPSA, we have determined                    the date of publication of this final rule            (§ 1219.2(b)(2) of the CPSC’s standard).
                                               that it will reduce confusion to remove                 in the Federal Register) to provide cribs             The slat strength test is intended to
                                               the provisions in 16 CFR 1500.18(a)(13)                 for use that comply with the standard.                verify that cribs slats can withstand 80
                                               and (14) altogether rather than changing                As discussed in section H of this                     lbf. Without the clarification,
                                               the references. This is consistent with                 preamble, due to the number of                        conducting the test on a crib that has a
                                               the revocation of 16 CFR parts 1508 and                 compliant cribs that child care centers               hinge or other folding mechanism could
                                               1509.                                                   and places of public accommodation                    result in testing the structural integrity
                                                                                                       will need to provide for use, the final               of the hinge rather than the strength of
                                               G. Assessment of Voluntary Standards                                                                          the slats. Thus, the final rule adds the
                                                                                                       rule provides an additional 18 months
                                               ASTM F 1169–10 and ASTM F 406–10a                                                                             following sentence: ‘‘For cribs
                                                                                                       for them to meet the full-size crib
                                               and Description of the Final Rule                                                                             incorporating foldable or moveable
                                                                                                       standard.
                                               1. Section 104(b) of the CPSIA:                            Section 1219.1(c) defines full-size                sides for purposes of easier access to the
                                               Consultation and CPSC Staff Review                      baby crib as defined in ASTM F 1169–                  occupant, storage, and/or transport,
                                                  Section 104(b) of the CPSIA requires                 10 as a bed, with certain interior                    each side segment (portion of side
                                               the Commission to assess the                            dimensions, that is designed to provide               separated by hinges for folding) shall be
                                               effectiveness of the voluntary standard                 sleeping accommodations for an infant.                tested separately.’’ The addition of this
                                               in consultation with representatives of                 In accordance with section 104(c) of the              language strengthens the ASTM
                                               consumer groups, juvenile product                       CPSIA, the definition includes cribs in               standard, because it eliminates an
                                               manufacturers, and other experts. This                  child care facilities and places of public            ambiguity about testing this type of crib.
                                                                                                       accommodation affecting commerce.                        Requirements of ASTM F 1169–10.
                                               consultation process for the full-size
                                                                                                       This section also provides the definition             The final rule incorporates the other
                                               and non-full-size crib standards has
                                                                                                       of ‘‘place of public accommodation                    requirements of ASTM F 1169–10
                                               involved: An ANPR, a public crib
                                                                                                       affecting commerce’’ specified in section             without change. These requirements
                                               roundtable, and in-depth involvement
                                                                                                       104(c) of the CPSIA.                                  establish a comprehensive standard for
                                               with ASTM. CPSC staff’s consultations
                                                                                                                                                             the safety of full-size cribs. ASTM
                                               with ASTM are ongoing.                                  b. Requirements for Full-Size Cribs                   F 1169–10 includes definitions; general
                                               2. Description of the Final Standard for                (§ 1219.2)                                            requirements; performance
                                               Full-Size Cribs, Including Changes to                      Incorporation by reference. Like the               requirements; specific test methods; and
                                               the Requirements of ASTM F 1169–10                      proposal, the final rule incorporates by              requirements for marking, labeling, and
                                                  The Commission believes that the                     reference ASTM F 1169–10, Standard                    instructional literature. The key
                                               provisions of ASTM F 1169–10 are                        Consumer Safety Specification for Full-               provisions of both ASTM standards are
                                               effective to reduce the risk of injury                  Size Baby Cribs. The final rule requires              outlined in section G.4. of this
                                               associated with full-size cribs. The                    compliance with the requirements of                   preamble.
                                               modifications to ASTM F 1169–10                         ASTM F 1169–10, with two
                                                                                                       modifications.                                        3. Description of the Final Standard for
                                               strengthen the ASTM standard. The                                                                             Non-Full-Size Cribs, Including Changes
                                               final rule incorporates by reference                       Modifications to the ASTM standard.
                                                                                                       The final rule for full-size cribs excludes           to the Requirements of ASTM F 406–10a
                                               ASTM F 1169–10 with two
                                               modifications:                                          the provision in section 6.12 of the                     The Commission believes that the
                                                  • Exclusion of the provision in the                  ASTM standard that requires                           provisions of ASTM F 406–10a, with the
                                               voluntary standard concerning                           retightening of screws and bolts                      specified modifications, are effective to
                                               retightening of screws and bolts                        between the crib side latch test and the              reduce the risk of injury associated with
                                               between the crib side latch test and the                mattress support vertical impact test                 non-full-size cribs. The final rule
                                               mattress support vertical impact test;                  (§ 1219.2(b)(1) of the CPSC’s standard).              incorporates a version of ASTM F 406
                                               and                                                     This is identical to the proposed rule.               that ASTM approved after the
                                                  • Addition of language to the                        As discussed in the preamble to the                   Commission had published its proposed
                                                                                                       proposal (75 FR at 43314 through                      rule and includes most of the
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                                               voluntary standard clarifying how to
                                               conduct the slat/spindle strength test on               43315), exclusion of this retightening                modifications that the Commission
                                               a crib with folding or movable sides.                   provision strengthens the standard.                   proposed. These changes make ASTM
                                                                                                       Conducting the tests without re-                      F 406–10a more consistent with the
                                               a. Scope, Compliance Dates, and                         tightening the hardware better                        ASTM standard for full-size cribs,
                                               Definitions (§ 1219.1)                                  represents the real use of a crib.                    rendering the standard more protective
                                                  Like the proposal, the final rule states             Retightening fasteners would sever the                than the previous version. The
                                               that this part establishes a consumer                   chain of accumulated conditioning                     modifications in the CPSC’s final rule


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                                               81780            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               further strengthen the standard. The                    b. Requirements for Non-Full-Size Cribs               for play yards under section 104(b) of
                                               final rule incorporates by reference                    (§ 1220.2)                                            the CPSIA.
                                               ASTM F 406–10a with four                                   Incorporation by reference. The final                Requirements of ASTM F 406–10a.
                                               modifications that:                                     rule incorporates by reference ASTM                   The final rule incorporates the other
                                                  • Exclude the hardware retightening                                                                        requirements of ASTM F 406–10a
                                                                                                       F 406–10a, Standard Consumer Safety
                                               provision;                                                                                                    without change. The requirements
                                                  • Add language clarifying how to                     Specification for Non-Full-Size Baby
                                                                                                       Cribs/Play Yards. The final rule requires             establish a comprehensive standard for
                                               conduct the slat/spindle test on cribs                                                                        the safety of non-full-size cribs. Like the
                                               with folding or movable sides;                          compliance with the requirements of
                                                                                                       ASTM F 406–10a, with four                             ASTM standard for full-size cribs,
                                                  • Revise a warning concerning                                                                              ASTM F 406–10a includes definitions;
                                               netting or other covers so that it                      modifications.
                                                                                                          Modifications to the ASTM standard.                general requirements; performance
                                               includes non-full-size cribs; and                                                                             requirements; specific test methods; and
                                                  • Exclude provisions that apply only                 The final rule for non-full-size cribs
                                                                                                       excludes the provision in section 6.10 in             requirements for marking, labeling, and
                                               to play yards.                                                                                                instructional literature. These
                                                                                                       the ASTM standard that requires
                                               a. Scope, Compliance Dates, and                         retightening of screws and bolts                      requirements are essentially the same as
                                               Definitions (§ 1220.1)                                  between the crib side latch test and the              the requirements ASTM F 1169–10
                                                                                                       mattress support vertical impact test                 establishes for full-size cribs. The key
                                                  Like the proposal, the final rule states
                                                                                                       (§ 1220.2(b)(3) of the CPSC standard).                requirements of both ASTM standards
                                               that this part establishes a consumer
                                                                                                       This exclusion was not in the proposed                are outlined in the following section of
                                               product safety standard for new and
                                               used non-full-size cribs. In accordance                 rule for the non-full-size crib standard              this preamble.
                                               with section 104(c) of the CPSIA, this                  because the proposal referenced ASTM                  4. Principal Requirements of Both
                                               section states that the standard applies                F 406–10, which did not contain the                   ASTM Crib Standards
                                               to the manufacture, sale, contract for                  hardware retightening provision.                         Both the full-size and non-full-size
                                               sale or resale, lease, sublet, offer,                   Excluding this provision is consistent                crib standards incorporate by reference
                                               provision for use, or other placement in                with the CPSC’s standard for full-size                the relevant ASTM crib standards, with
                                               the stream of commerce of a new or                      cribs. The same reasons for that                      certain modifications explained above.
                                               used non-full-size crib. This section                   exclusion (see part E.24 of this                      The principal requirements are the same
                                               provides a compliance date of 6 months                  preamble) apply with regard to non-full-              in both ASTM standards. These are:
                                               for all entities subject to the rule (as                size cribs.                                              • Dynamic impact testing of the
                                               measured from the date of publication                      The second modification to ASTM                    mattress support system—intended to
                                               of this final rule in the Federal                       F 406–10a adds a sentence to clarify the              address incidents involving collapse or
                                               Register), except for child care facilities,            testing of cribs with folding or movable              failure of mattress support systems. The
                                               family child care homes, and places of                  sides. This modification was not in the               2010 standards updated the tests to
                                               public accommodation which will have                    proposed rule, but responds to                        address fatigue of mattress support
                                               24 months (as measured from the date                    comments on the proposal and is                       brackets, support hardware, and
                                               of publication of this final rule in the                identical to the change in the full-size              mattress support due to children
                                               Federal Register) to provide cribs that                 crib standard. This provision adds a                  jumping in cribs.
                                               comply with the standard. As discussed                  sentence to section 8.10.1 of ASTM                       • Impact testing of side rails and slat
                                               in section H of this preamble, due to the               F 406–10a to clarify how to conduct the               strength/integrity testing—intended to
                                               number of compliant cribs that these                    spindle/slat static force test with a crib            prevent slats and spindles from breaking
                                               entities will need to provide for use, the              that has folding or movable sides                     and/or detaching during use. The
                                               final rule provides an additional 18                    (§ 1220.2(b)(5) of the CPSC’s standard).              requirements were made more stringent
                                               months for them to meet the non-full-                   Addition of this language strengthens                 for the 2010 standards. The
                                               size crib standard.                                     the ASTM standard because it                          modification was intended to prevent
                                                  Section 1220.1(c) defines non-full-size              eliminates an ambiguity about testing                 entrapments by reducing the likelihood
                                               baby crib as defined in ASTM F 406–                     this type of crib.                                    of slat/spindle breakage and the gaps
                                               10a and explicitly excludes play yards.                    The third modification to ASTM                     that accompany them.
                                               (A play yard is defined as ‘‘a framed                   F 406–10a revises a warning in section                   • Mattress support system testing—
                                               enclosure that includes a floor and has                 9.4.2.6 of the ASTM standard that                     intended to ensure that the mattress
                                               mesh- or fabric-sided panels primarily                  cautions against using netting or other               support does not become detached from
                                               intended to provide a play or sleeping                  covers (§ 1220.2(b)(12) of the CPSC’s                 the frame, potentially resulting in a fall.
                                               environment for children. It may fold                   standard). The modification replaces the                 • Latching mechanism tests—
                                               for storage or travel.’’) A non-full-size               words ‘‘play yard’’ with the word                     intended to ensure that latching and
                                               crib is essentially a crib that has                     ‘‘product’’ because the hazard posed by               locking mechanisms work as intended,
                                               dimensions other than those of a full-                  such covers exists for non-full-size cribs            preventing unintended folding while in
                                               size crib, as defined in the full-size crib             as well as play yards.                                use. Also requires that they be used
                                               standard. In accordance with section                       The final modifications to ASTM                    with drop gates and movable sides.
                                               104(c) of the CPSIA, the definition                     F 406–10a remove the provisions that                     • Crib side configurations—intended,
                                               includes cribs in child care facilities                 relate only to play yards (§ 1220.2(b)(1),            in part, to limit movable (drop) sides.
                                               and places of public accommodation                      (2), (4), and (6) through (11) of the CPSC            Addresses the numerous incidents
                                               affecting commerce. This section                        standard). Section 104(c) of the CPSIA
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                                                                                                                                                             related to drop-side failures.
                                               provides the definition of ‘‘place of                   distinguishes cribs (both full-size and                  • Label requirements—the required
                                               public accommodation affecting                          non-full-size) from other durable infant              warnings were reordered in the 2010
                                               commerce’’ specified in section 104(c) of               or toddler products. This different                   full-size crib standard to emphasize fall
                                               the CPSIA. It also provides definitions                 treatment of cribs necessitates that the              hazards.
                                               of terms relevant to the definition of                  CPSC establish separate standards for                    • Openings requirement for mattress
                                               non-full-size crib, such as ‘‘portable                  non-full-size cribs and for play yards. In            support systems—a new requirement for
                                               crib’’ and ‘‘play yard.’’                               the future, we intend to issue a standard             the full-size crib 2010 standard that


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                        81781

                                               addresses gaps in the mattress support                  incidents. The standards address these                   Based on review of the comments, the
                                               system to minimize the possibility of                   hazards through the wood screw                        final rule provides a 6-month effective
                                               entrapment.                                             requirements of 16 CFR parts 1508 and                 date (as measured from the date of
                                                  • Requirements for wood screws and                   1509 (which are now in ASTM F 1169–                   publication of this final rule in the
                                               other fasteners—a new requirement for                   10 and ASTM F 406–10a), restricting the               Federal Register) with two compliance
                                               the 2010 standards that addresses                       use of wood screws as primary                         dates: a 6-month compliance date for all
                                               hazards that exist when wood screws                     fasteners; prohibiting use of wood                    entities subject to the rule, except for
                                               are the primary method of attachment.                   screws in structural elements that a                  child care facilities, family child care
                                               Also includes other fastener                            consumer would need to assemble; and                  homes, and places of public
                                               requirements to address incidents                       imposing stricter requirements for the                accommodation, which have 24 months
                                               related to loose hardware and poor                      use of threaded metal inserts and other               (as measured from the date of
                                               structural integrity.                                   metal-threaded fasteners. Problems with               publication of this final rule in the
                                                  • Cyclic testing—a new requirement                   the structural integrity of cribs and                 Federal Register) to provide cribs that
                                               for the 2010 standards that addresses                   hardware issues (such as loosened                     comply with the standards. This
                                               incidents involving failures of non-                    joints, detached sides and overall poor               approach alleviates concerns that there
                                               drop-side hardware and poor structural                  structural integrity) are addressed by the            may not be a sufficient supply of cribs
                                               integrity. This requirement was taken                   cyclic side (shake) test, which simulates             that meet the new standards for these
                                               from the Canadian standard and                          a child’s lifetime shaking of the crib.               entities to provide compliant cribs
                                               simulates long-term shaking of the                      The test applies a cyclic force (9,000                within a 6-month effective date.
                                               product by a child.                                     vertical and then 9,000 horizontal load               Providing this additional period of time
                                                  • Misassembly issues—a new                           cycles using 27 lbf) at the midpoint of               for these entities addresses their
                                               requirement for the 2010 standards                      each top rail, end, and side of the crib.             concerns about the costs of compliance
                                               where it must either be impossible to                   To address mattress-related issues (such              by allowing additional time for them to
                                               misassemble key elements or those                       as, entrapments between a mattress                    locate funding and to absorb the costs of
                                               elements must have markings that make                   support and a crib structure, and                     the rule. This approach still requires
                                               it obvious when they have been                          mattress support structural failures), the            manufacturers and retailers (as well as
                                               misassembled.                                           crib standards include a mattress impact              other entities selling, leasing or
                                                  • Test requirement for accessories—a                 cyclic test that consists of dropping a               otherwise providing cribs) to supply
                                               new requirement for the 2010 standards                  45-pound mass (20 kg) repeatedly every                compliant cribs within 6 months just as
                                               that is intended to address any cribs that              4 seconds onto a polyurethane foam test               the Commission had proposed.
                                               may now, or in the future, include                      mattress covered in vinyl and supported               Providing tiered compliance dates
                                               accessories, such as bassinets or                       by the mattress support system. The crib              should allow for an orderly process of
                                               changing tables.                                        standards address crib slat                           supply, so that cribs are first
                                                  • Crib interior dimensions—a new                     disengagement (which can result in                    manufactured and made available for
                                               requirement for the 2010 standards that                 entrapment) by specifying that any crib               sale before child care facilities, family
                                               is taken directly from the CPSC’s                       side with slats must be tested                        child care homes, and places of public
                                               mandatory regulation and is intended to                 (previously the number of sides was not               accommodation, which must purchase
                                               ensure that all full-size cribs have the                specified and manufacturers could test                compliant cribs, are required to comply
                                               same interior dimensions.                               just one side). The crib standards                    with the standards. This approach also
                                                  • Component spacing—a new                            address broken or dislocated slats,                   will not delay the availability of cribs in
                                               requirement for the 2010 standards that                 which can cause a gap of approximately                stores for individual consumers to
                                               is taken directly from the CPSC’s                       5 inches, by making the slat/spindle                  purchase, which would have been the
                                               mandatory regulation and is intended to                 strength test more stringent, requiring a             case if the rule established a longer
                                               prevent child entrapment between both                   set number of slats to withstand an 80-               uniform effective date to accommodate
                                               uniformly and non-uniformly-spaced                      pound load. The crib standards address                the impact on child care facilities,
                                               components, such as slats.                              misassembly issues by including a                     family child care homes, and places of
                                               5. The Final Crib Standards Address the                 requirement which states: ‘‘Crib designs
                                                                                                                                                             public accommodation. By setting a
                                               Principal Hazards Related to Cribs                      shall only allow assembly of key
                                                                                                                                                             compliance date of 24 months from the
                                                                                                       structural elements in the
                                                  This section summarizes how the                                                                            date of publication of this final rule in
                                                                                                       manufacturer’s recommended use
                                               standards for full-size and non-full-size                                                                     the Federal Register, the Commission
                                                                                                       position or have markings that indicate
                                               cribs address the principal crib-related                                                                      intends that any such entity that comes
                                                                                                       their proper orientation. The markings
                                               hazards that the CPSC has identified                                                                          into being after the compliance date
                                                                                                       must be conspicuous in the
                                               through its review of incidents                                                                               must comply with this rule when it
                                                                                                       misassembled state.’’
                                               involving cribs.                                                                                              begins operating.
                                                  The crib standards address structural                H. Effective Date                                        An additional reason underlies the
                                               failures of cribs that are related to drop-                The Administrative Procedure Act                   Commission’s decision to create a
                                               side failures through a requirement that                (‘‘APA’’) generally requires that the                 separate compliance date for child care
                                               the sides of a crib be fixed in place and               effective date of a rule be at least 30               facilities, family child care homes, and
                                               have no movable sections less than 20                   days after publication of the final rule.             places of public accommodation. It is
                                               inches from the top of the mattress                     5 U.S.C. 553(d). The Commission                       unprecedented for the Commission to
                                               support (effectively eliminating drop                   proposed that the standard would                      promulgate a rule containing a
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                                               sides). The standards address problems                  become effective six months after                     mandatory standard that not only sets
                                               with non-drop-side hardware and poor                    publication of a final rule. The                      product performance requirements but
                                               structural integrity through                            Commission invited comments                           also places responsibility for
                                               requirements for screw fasteners,                       regarding the sufficiency of a 6-month                compliance with the rule, in part, on
                                               locking components, and the cyclic side                 effective date for the crib standards,                users or providers of the product in an
                                               (shake) test. Loosening of wood screws                  which are discussed in section E.10 of                occupational setting. We are required to
                                               and other fasteners also has led to crib                this preamble.                                        do so in this case, however, because


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                                               81782            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               Congress singled out cribs for special                  whether they are child care facilities or             regulatory flexibility analyses for the
                                               treatment in the CPSIA.                                 public accommodation facilities.                      full-size and non-full-size crib
                                                  Even though certain of the other                        Given these realities, and the                     standards, which is provided at Tabs A
                                               durable infant products on which we                     Commission’s strong desire to ensure                  and B of the staff’s briefing package.
                                               will be promulgating mandatory                          implementation of the rule is consistent
                                                                                                       with the statute’s goal of providing safer            1. Full-Size Cribs
                                               standards may also be found in child
                                               care or other settings covered by section               sleep environments for those children                 a. The Market for Full-Size Cribs
                                               104 of the CPSIA, it is only cribs failing              using cribs, the Commission believes it
                                                                                                                                                                As mentioned in section B.2 of this
                                               to meet the mandatory standard that are                 is prudent to take all reasonable steps to
                                                                                                                                                             preamble, CPSC staff estimates that
                                               required to be replaced by certain                      try to provide adequate time for there to
                                                                                                                                                             there are currently 68 manufacturers or
                                               statutorily defined users and providers                 be a sufficient supply of complying
                                                                                                                                                             importers supplying full-size cribs to
                                               by a date to be determined by the                       cribs to meet demand, and for child care
                                                                                                                                                             the U.S. market. Of those that could be
                                               Commission.                                             facilities, family child care homes, and
                                                                                                                                                             categorized, 10 are domestic importers;
                                                  Of course, manufacturers of products                 places of public accommodation to
                                                                                                                                                             42 are domestic manufacturers; 7 are
                                               are accustomed to meeting performance                   obtain complying cribs before the
                                                                                                                                                             foreign manufacturers; and 2 are foreign
                                               standards. Our understanding is that                    penalties that could be imposed on
                                                                                                       them for failure to do so become                      importers. CPSC staff estimates annual
                                               most crib manufacturers have been                                                                             sales of new cribs to be about 2.4
                                               following this rulemaking and the                       effective. Therefore, the Commission is
                                                                                                       establishing a compliance date for those              million (could be an underestimate if
                                               attendant ASTM voluntary standards                                                                            new mothers buy more than one crib).
                                               proceedings very closely, if not                        persons of 24 months (as measured from
                                                                                                       the date of publication of this final rule            CPSC staff estimates that there are
                                               participating in them directly. Their                                                                         currently approximately 591 models of
                                               numbers, though, are relatively few. In                 in the Federal Register) for them to
                                                                                                       provide compliant cribs. This gives                   full-size cribs compared to
                                               comparison, there are an estimated                                                                            approximately 81 models of non-full-
                                               59,000 child care and family home care                  affected persons an additional 18
                                                                                                       months beyond the effective date that                 size cribs. Thus, approximately 88
                                               providers and an estimated 53,000                                                                             percent of crib models are full-size
                                               public accommodations covered by this                   was suggested in the proposed rule to
                                                                                                       replace their noncomplying cribs. The                 cribs. Applying this percentage to the
                                               rule, many of whom may be wholly                                                                              number of cribs sold annually results in
                                               unaware of its consequences.                            Commission will also use this time to
                                                                                                       attempt to educate all those individuals              a rough estimate of 2.1 million full-size
                                                  During this rulemaking, the issues                                                                         cribs sold each year.
                                                                                                       and entities affected of their
                                               that have been raised as part of the                                                                             JPMA, the major U.S. trade
                                                                                                       responsibilities under the law so they
                                               record by child care providers apply, in                                                                      association representing juvenile
                                                                                                       can plan for the replacement of their
                                               our view, to all users or providers of                                                                        product manufacturers and importers,
                                                                                                       cribs in an orderly and timely fashion.
                                               cribs described in sections 104(c)(2)(B)                   The Commission strongly encourages                 runs a voluntary certification program
                                               and (D) of the CPSIA. While we had no                   all child care facilities, family child care          for several juvenile products.
                                               comments from operators of public                       homes and public accommodation                        Approximately 30 firms (44 percent)
                                               accommodations, they likely will face                   facilities to begin replacing their cribs             supply full-size cribs to the U.S. market
                                               the same difficulties as child care                     with compliant cribs as quickly as the                that have been certified by JPMA as
                                               providers in complying in a timely                      market allows, starting with the oldest               compliant with the ASTM voluntary
                                               manner with the new crib standard.                      ones first, as our experience has shown               standard F 1169–09. Additionally, 15
                                                  For instance, the number of                          that the longer cribs are used, the more              firms claim compliance, although their
                                               complying cribs that will have to be                    hazards they present to the children                  products have not been certified by
                                               manufactured to meet the new standard,                  placed in them. Every day that a child                JPMA. The regulatory flexibility
                                               just for those cribs needed in the child                is in an unsafe crib, or any unsafe sleep             analysis assumes that the 45 firms that
                                               care setting, is, in our estimation, at                 environment for that matter, puts that                provide cribs that are certified to, or
                                               least ten times more than those facilities              child at risk of serious injury or death.             claim to be compliant with, earlier
                                               usually buy in one year (cribs, on                      Every person who provides cribs in a                  ASTM standards, will remain compliant
                                               average, are normally on a 10-year                      child care setting or as part of the                  with ASTM standard F 1169–10.
                                               replacement cycle). This surge in                       furnishings in a public accommodation                    As noted previously, section 104 of
                                               demand is in addition to the cribs that                 has a responsibility to provide the safest            the CPSIA operates such that when the
                                               will, upon this rule becoming effective,                possible environment for the children                 Commission’s crib standards take effect,
                                               need to be replaced by owners or                        using those cribs.                                    they will apply to retailers of both new
                                               operators of public accommodations,                                                                           and used full-size cribs and to child care
                                               who would have otherwise not                            I. Regulatory Flexibility Act                         facilities and places of public
                                               necessarily done so during that period.                    The Regulatory Flexibility Act                     accommodation, such as hotels, which
                                               Whether enough complying cribs can be                   (‘‘RFA’’) generally requires that agencies            provide full-size cribs to their patrons.
                                               made in just one year’s time to meet this               review proposed rules for their potential             Based on public comments received
                                               increased need, on top of the normal                    economic impact on small entities,                    from child care centers in response to
                                               annual number of cribs required by                      including small businesses, and prepare               the proposed rule, it appears that child
                                               parents, is uncertain. All crib users and               an initial regulatory flexibility analysis.           care centers typically use a mix of full-
                                               providers will be buying from the same                  5 U.S.C. 603. The RFA further requires                size and non-full-size cribs, but
                                               finite pool of new complying cribs, but                 that agencies consider comments they                  primarily non-full-size cribs. However,
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                                               certain of those purchasers will be doing               receive on the initial regulatory                     CPSC staff still assumes that places of
                                               so pursuant to the added                                flexibility analysis and prepare a final              public accommodation tend to provide
                                               responsibilities placed upon them by                    regulatory flexibility analysis describing            non-full-size cribs to their customers, as
                                               this rule, as required by the CPSIA. The                the impact of the final rule on small                 opposed to the more unwieldy full-size
                                               expense of replacing all of their non-                  entities and identifying alternatives that            cribs. The number of firms that may be
                                               complying cribs will weigh more                         could reduce that impact. Id. 604. This               selling or providing full-size cribs is
                                               heavily on the less affluent providers,                 section summarizes the staff’s final                  unknown, but may be drawn from


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                        81783

                                               approximately 24,985 retail firms (at                      The CPSC standard could have a                     lease after the effective date), and any
                                               least 5,292 of which sell used products);               significant impact on one or more of the              that they purchase in the future, comply
                                               59,555 firms supplying child care                       12 firms that are not compliant with the              with the regulation prior to offering the
                                               services; and 53,021 locations offering                 voluntary standard, because their                     cribs for sale. CPSC staff believes that
                                               public accommodations to the public                     products might require substantial                    most retailers, particularly small
                                               that may be supplying new or used full-                 modifications. The costs associated with              retailers, do not keep large inventories
                                               size cribs.                                             these modifications could include costs               of cribs. With an effective date six
                                                                                                       for product design, development and                   months after publication of the final
                                               b. Impact on Small Businesses
                                                                                                       marketing staff time, and product                     rule, retailers of new products should
                                                  There are approximately 68 firms                     testing. There may also be increased                  have sufficient notification and time to
                                               currently known to be producing or                      production costs, particularly if                     make this adjustment with little
                                               selling full-size cribs in the United                   additional materials are required. The                difficulty. The situation for retailers of
                                               States. Based on Small Business                         actual cost of such an effort is unknown,             used cribs is more complicated,
                                               Administration (SBA) guidelines, which                  but could be significant, especially for              however, because they may not always
                                               consider a manufacturer to be small if                  the two firms that rely primarily or                  be able to determine whether the full-
                                               it has 500 or fewer employees and an                    entirely on the production and sale of                size cribs they receive comply with the
                                               importer to be small if it has 100 or                   full-size cribs and related products,                 new CPSC standard. For these affected
                                               fewer employees, 48 of these firms (36                  such as accompanying furniture and                    retailers, it may be simpler to
                                               domestic manufacturers, 10 domestic                     bedding, and for a third firm that                    discontinue the sale of used full-size
                                               importers, and 2 firms with unknown                     produces only one other product.                      cribs. If cribs represent a small portion
                                               sources of supply) are small. There are                 However, the impact of these costs may                of the products they sell, then the
                                               probably additional unknown small                       be diminished if they are treated as new              impact of the rule on these firms may be
                                               manufacturers and importers operating                   product expenses that can be amortized.               limited.
                                               in the U.S. market.                                        The scenario described above assumes                 Child care centers, family child care
                                                  According to SBA guidelines, retailers               that only those firms that produce cribs              homes, and places of public
                                               and service providers, such as child care               that are certified by JPMA or that claim              accommodation must provide compliant
                                               centers and places of public                            ASTM compliance will pass the                         cribs for their customers. The rule
                                               accommodation, are considered small if                  voluntary standard’s requirements. This               provides a 6-month effective date with
                                               they have $7 million or less in annual                  is not necessarily the case. CPSC staff               an additional 18-month compliance
                                               receipts. Approximately 93 percent of                   has identified many cases in which                    period for these entities to meet the
                                               all retailers have receipts of less than $5             products that are not certified by JPMA               standards. This longer period to comply
                                               million, with an additional 3 percent                   actually are compliant with the relevant              gives them additional time to purchase
                                               having receipts between $5 million and                  ASTM standard. To the extent that this                and replace their cribs that do not
                                               $9.99 million. Excluding firms with                     is true, the impact of the CPSC standard              comply with the final rule. Without a
                                               receipts of between $5 million and $7                   will be less significant than described.              longer period for compliance, the
                                               million, yields an estimated 23,236                                                                           impact on these entities would be
                                               small retail firms. Some portion of these               ii. Small Importers
                                                                                                                                                             greater, particularly for those that would
                                               retail firms would be affected by the                      While 4 of the 10 small importers are              have to replace all of their cribs at once.
                                               final rule because only a small                         not compliant with the voluntary                        Based on data provided by the
                                               percentage of these small firms actually                standard, all would need to find an                   comments, it appears that the average
                                               sell full-size cribs. Thus, the number of               alternate source of full-size cribs if their          child care center has between 4 and 45
                                               small retail firms affected will be far                 existing supplier does not come into                  cribs, fewer than half of which are likely
                                               fewer than 23,236. Among child care                     compliance with the new requirements                  to be full-size. Each crib costs
                                               service providers, approximately 98                     of the CPSC standard. The cost to                     approximately $500. Therefore, if 25
                                               percent have receipts of less than $5                   importers may increase, and they, in                  percent of the cribs that must be
                                               million, with an additional 0.9 percent                 turn, may pass on some of those                       replaced are full-size cribs, then
                                               having receipts between $5 million and                  increased costs to their customers. Some              replacement for an individual child care
                                               $9.99 million. This suggests that                       importers may respond to the rule by                  center could run from $500 to as high
                                               roughly 58,364 small child care firms (of               ceasing to import cribs that do not                   as $5,500. The total one-time cost to
                                               59,555) could be affected.                              comply. However, the impact of such a                 child care centers, the majority of which
                                                                                                       decision may be lessened by replacing                 are small, of replacing all of their full-
                                               i. Small Manufacturers
                                                                                                       the noncompliant crib(s) with                         size cribs is estimated to be
                                                  The impact of the standard for full-                 complying products or other juvenile                  approximately $97 million nationwide.
                                               size cribs on small manufacturers will                  products. Deciding to import an                       Providing child care centers, family
                                               differ based on whether their products                  alternative product would be a                        child care homes, and places of public
                                               comply with ASTM standard F 1169–                       reasonable and realistic way to offset                accommodation with 24 months to
                                               10. Of the 36 small domestic                            any lost revenue, given that most small               comply with the new crib standards will
                                               manufacturers, 24 produce cribs that are                importers import a variety of products.               reduce the impact on these entities.
                                               certified by JPMA or that they claim are                                                                        There are additional considerations
                                               in compliance with the voluntary                        iii. Small Retailers and Child Care                   concerning the one-time costs child care
                                               standard. The impact on the 24                          Centers                                               providers face. Some costs may be
                                               compliant firms is not expected to be                      The CPSIA requires that all full-size              passed on to customers through small
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                                               significant. It seems unlikely that any of              cribs sold (or leased) by retailers or                increases in the rates child care
                                               these products will require modification                provided by child care centers to their               providers charge. Child care providers
                                               to meet the CPSC standard. Should any                   customers comply with the CPSC’s full-                would recoup these costs over an
                                               modifications be necessary, the                         size crib rule. This means that retailers,            extended period, while the initial outlay
                                               modification would likely be minor                      most of whom are small, will need to                  for new cribs would be much more
                                               (such as more effective screws or screw                 verify that any full-size cribs in their              immediate. Additionally, as several
                                               combinations).                                          inventory (that they intend to sell or                commenters noted, child care centers


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                                               81784            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               are limited in how much of the costs                    these entities, it would not have any                 which sell used products), the 59,555
                                               can be passed on to their customers. For                impact on small manufacturers or                      firms supplying child care services, and
                                               example, one commenter stated that                      importers.                                            the 53,021 locations providing public
                                               approximately 35 percent of the                                                                               accommodations. Each of these groups
                                                                                                       2. Non-Full-Size Cribs
                                               children in their care—more than                                                                              may be supplying new or used non-full-
                                               150,000—receive some form of state                      a. The Market for Non-Full-Size Cribs                 size cribs to the public.
                                               subsidy, and another provider stated                       CPSC staff estimates that there are                b. Impact on Small Businesses
                                               that approximately one-third of the                     currently at least 17 manufacturers or
                                               children in their care receive some                                                                              There are approximately 17 firms
                                                                                                       importers supplying non-full-size cribs               currently known to be producing or
                                               subsidy. Raising rates above what                       to the U.S. market. Five of these firms
                                               customers can bear has the potential to                                                                       selling non-full-size cribs in the United
                                                                                                       are domestic importers and 10 are                     States. Based on the SBA’s guidelines,
                                               deprive families of child care or force
                                                                                                       domestic manufacturers. Insufficient                  which consider a manufacturer to be
                                               them into alternative child care
                                                                                                       information is available to determine                 small if it has 500 or fewer employees
                                               arrangements that may not be subject to
                                                                                                       whether the remaining firms are                       and an importer to be small if it has 100
                                               the final rule. The latter possibility has
                                                                                                       manufacturers or importers.                           or fewer employees, 14 suppliers are
                                               the potential for safety risks in excess of                Five firms supply non-full-size cribs
                                               those that currently exist in child care                                                                      small firms (9 domestic manufacturers
                                                                                                       to the U.S. market that have been JPMA-               and 5 importers). The size of the
                                               centers.
                                                                                                       certified as compliant with the ASTM                  remaining firms—two with unknown
                                                  Some centers could opt to replace
                                               their full-size cribs with play yards,                  voluntary standard. Additionally, two                 supply sources and one domestic
                                               which are less expensive to purchase                    firms claim compliance, although their                manufacturer—could not be
                                               (typically $100–$200) than full-size                    products have not been certified by                   determined. There are probably
                                               cribs, thereby spreading replacement                    JPMA. Therefore, including the firms                  additional unknown small
                                               costs over a longer period. While this                  that claim compliance with the ASTM                   manufacturers and importers operating
                                               would reduce the impact of the final                    standard, five manufacturers and one                  in the U.S. market.
                                               rule, the alternative of providing play                 importer have products that are ASTM                     As explained in the analysis of the
                                               yards may be limited due to state                       compliant. Additionally, one of the                   impact of the full-size crib standard,
                                               licensing laws. The CPSC does not                       firms with an unknown source of                       CPSC staff estimates that 23,236 retail
                                               advocate the use of play yards over                     supply also claims compliance with the                firms would be considered small
                                               cribs, but acknowledges that the choice                 ASTM standard. This analysis assumes                  according to SBA’s guidelines. Not all of
                                               of play yards instead of cribs may be an                that firms that are certified or claim to             these small firms sell non-full-size cribs.
                                               option for some child care providers.                   be compliant with earlier ASTM                        Thus, the number of small retail firms
                                                                                                       standards will remain compliant with                  affected will be fewer than 23,236. CPSC
                                               iv. Alternatives                                        ASTM standard F 406–10a.                              staff estimates that using SBA’s
                                                  Under section 104 of the CPSIA, one                     As explained in the analysis                       guidelines, there are approximately
                                               alternative that could reduce the impact                concerning full-size cribs (section I.1.b.            58,364 small child care firms (of 59,555)
                                               on small entities would be to make the                  of this preamble), CPSC staff estimates               and 42,437 small hotel firms (of 53,021
                                               voluntary standard mandatory without                    annual sales to households to be about                locations providing public
                                               any modifications. Adopting the current                 2.4 million cribs. CPSC staff estimates               accommodations) that could be affected
                                               full-size crib voluntary standard without               that there are approximately 81 non-                  by the crib standards.
                                               any changes potentially could reduce                    full-size crib models currently being
                                               costs for 12 of the 36 small                            supplied (versus 591 full-size crib                   i. Small Manufacturers
                                               manufacturers and 4 of the 10 small                     models). Therefore, approximately 12                     The impact of the CPSC’s non-full-
                                               importers that are not compliant already                percent of the crib models on the U.S.                size crib standard on small
                                               with the voluntary standard. However,                   market are non-full-sized. Applying this              manufacturers will differ based on
                                               these firms still will require substantial              to the number of cribs sold annually                  whether their products are expected to
                                               product changes in order to meet the                    yields a rough estimate of 293,000 non-               be compliant with ASTM standard F
                                               voluntary standard. Because the CPSC’s                  full-size cribs sold each year.                       406–10. Of the nine small domestic
                                               changes add little to the overall burden                   As previously noted, section 104 of                manufacturers, five are in compliance
                                               of the rule, adopting the voluntary                     the CPSIA explicitly makes the crib                   with the voluntary standard. The impact
                                               standard without any changes will not                   standards applicable to retailers of both             on the five compliant firms is not
                                               offset significantly the burden that is                 new and used non-full-size cribs and to               expected to be significant. It seems
                                               expected for these firms.                               child care facilities and places of public            unlikely that any of these products will
                                                  Another way to reduce the impact on                  accommodation, such as hotels that                    require modification to meet the final
                                               small firms would be to allow more time                 supply non-full-size cribs to their                   standard. Should any modifications be
                                               for such entities to comply with the                    patrons. Based on comments received                   necessary, they would be most likely
                                               final rule by providing a longer effective              from child care centers in response to                minor (such as more effective screws or
                                               date for all entities. This would allow                 the proposed rule, it appears that child              screw combinations).
                                               additional time for small manufacturers                 care centers typically use a mix of full-                The CPSC’s final standard for non-
                                               and small importers of non-compliant                    size and non-full-size cribs, with a bias             full-size cribs could have a significant
                                               cribs. It could also alleviate inventory                in favor of non-full-size cribs. CPSC staff           impact on one or more of the four firms
                                                                                                       still assumes that places of public                   that are not compliant with the
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                                               issues for small retailers.
                                                  A third alternative that could reduce                accommodation tend to provide their                   voluntary standard, because their
                                               the impact on small firms would be to                   customers with non-full-size cribs as                 products might require substantial
                                               provide an even longer compliance                       opposed to full-size cribs. The number                modifications. The costs associated with
                                               period for child care centers, family                   of firms that may be selling or providing             these modifications could include
                                               child care homes, and places of public                  non-full-size cribs is unknown, but may               product design, development and
                                               accommodation. Although this would                      be drawn from the approximately                       marketing staff time, and product
                                               reduce the impact on the smaller of                     24,985 retail firms (at least 5,292 of                testing. There may also be increased


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                       81785

                                               production costs, particularly if                       difficulty determining whether the cribs              children in child care who received
                                               additional materials are required. The                  they receive comply with the new CPSC                 some form of state subsidy. Although
                                               actual cost of such an effort is unknown,               standard, and therefore, may                          some child care centers could replace
                                               but could be significant, especially for                discontinue the sale of used non-full-                their non-full-size cribs with less
                                               the one firm that relies on the                         size cribs. If cribs represent a small                expensive play yards (typically $100–
                                               production and sale of non-full-size                    portion of the products they sell, then               $200), this alternative may not be
                                               cribs and related products, such as                     the impact of the rule on these firms                 available to some child care centers if
                                               accompanying furniture and bedding.                     may be limited.                                       state licensing laws require use of cribs
                                               However, the impact of these costs may                     Child care centers, family child care              rather than play yards.
                                               be diminished if they are treated as new                homes, and places of public                             Some hotels may provide a few non-
                                               product expenses that can be amortized.                 accommodation must provide compliant                  full-size cribs for their customers. The
                                                 The scenario described above assumes                  non-full-size cribs for their customers.              number of cribs at any one
                                               that only those firms that produce cribs                The rule provides a 6-month effective                 establishment is likely to be low,
                                               certified by JPMA or claim ASTM                         date (as measured from the date of                    especially because of the likelihood that
                                               compliance will pass the requirements                   publication of this final rule in the                 parents traveling with young children
                                               of ASTM F 406–10a. This is not                          Federal Register) with an additional                  will bring along sleep products, such as
                                               necessarily the case. CPSC staff has                    18 months compliance period for these                 play yards or portable cribs, for their
                                               identified many cases in which                          entities to meet the standards. This                  children. As with child care centers,
                                               products not certified by JPMA actually                 longer period of time to comply with the              this is a one-time cost for firms that,
                                               are compliant with the relevant ASTM                    standards could reduce the impact on                  over time, likely can be passed on to
                                               standard. To the extent that this is true,              small firms. Based on data provided                   customers. Firms, particularly smaller
                                               the impact of the final rule will be less               through public comments, it appears                   ones, may opt to reduce the replacement
                                               significant than described.                             that the average child care center has                costs by ceasing to provide cribs to their
                                                                                                       between 4 and 45 cribs, more than half                customers, replacing only some cribs, or
                                               ii. Small Importers
                                                                                                       of which are likely to be non-full-size.              providing play yards instead of non-full-
                                                  Although four of the five small                      Each crib costs approximately $500.                   size cribs. Therefore, it is unlikely that
                                               importers are not compliant with the                    Therefore, if 75 percent of the cribs that            the rule will have a significant impact
                                               voluntary standard, all would need to                   must be replaced are non-full-size cribs,             on a substantial number of firms that
                                               find an alternate source of non-full-size               then replacement for an individual                    provide these cribs in places of public
                                               cribs if their existing supplier does not               child care center could run from $1,500               accommodation. The Commission
                                               come into compliance with the new                       to as high as $16,500. The total one-time             believes that because places of public
                                               requirements of the final standard. The                 cost to child care centers, the majority              accommodation, like child care centers,
                                               cost to importers may increase and they,                of which are small, of replacing all of               will need to purchase compliant cribs to
                                               in turn, may pass on some of those                      their non-full-size cribs is estimated to             provide to their customers, the rule
                                               increased costs to their customers. Some                be approximately $290 million                         establishes a 24 month compliance date
                                               importers may address the rule                          nationwide. Providing child care                      (as measured from the date of
                                               requirements by ceasing to import cribs                 centers, family child care homes, and                 publication of this final rule in the
                                               that do not comply with the new                         places of public accommodation with                   Federal Register) for them to provide
                                               standard. However, the impact of such                   24 months (as measured from the date                  compliant cribs as well.
                                               a decision may be diminished by                         of publication of this final rule in the
                                               replacing the noncompliant cribs with                                                                         iv. Alternatives
                                                                                                       Federal Register) to comply with the
                                               complying products or other juvenile                    new crib standards will reduce the                       The same alternatives for reducing the
                                               products. Deciding to import an                         impact on them. According to 2007 U.S.                impact of the full-size crib standard also
                                               alternative product would be a                          Census data, there are 53,021                         apply to reducing the impact of the non-
                                               reasonable and realistic way to offset                  establishments providing public                       full-size crib standard. One alternative
                                               any lost revenue, given that most small                 accommodations. Assuming that all of                  is to make the voluntary standard
                                               importers import a variety of products.                 these establishments provide an average               mandatory with no modifications.
                                                                                                       of about three non-full-size cribs for use            Adopting the current voluntary standard
                                               iii. Small Retailers and Child Care                                                                           without any changes potentially could
                                               Centers                                                 by their clientele, as many as 160,000
                                                                                                       cribs might need to be replaced at a cost             reduce costs for four of the nine small
                                                  The CPSIA requires that all cribs sold               of about $500 per crib, or approximately              manufacturers and four of the five small
                                               (or leased) by retailers or provided by                 $80 million. This may be an                           importers who are not already
                                               child care centers to their customers                   overestimate as not all places of public              compliant with the voluntary standard.
                                               comply with the CPSC’s new crib                         accommodation provide cribs to their                  However, these firms still will require
                                               standards. Thus, retailers will need to                 customers, but some portion of those                  substantial product changes in order to
                                               verify that any non-full-size cribs in                  that do will replace those cribs when                 meet the voluntary standard. Since the
                                               their inventory (that they intend to sell               the rule becomes effective.                           changes add little to the overall burden
                                               or lease after the effective date), and that               As discussed in the analysis of the                of the rule on small manufacturers,
                                               any they purchase in the future, comply                 full-size crib standard, there are                    adopting the voluntary standard with no
                                               with the regulation prior to offering the               additional considerations concerning                  changes will not offset significantly the
                                               cribs for sale. CPSC staff believes that                the one-time costs for child care                     burden that is expected for these firms.
                                               most retailers, particularly small
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                                                                                                       providers. Some costs may be passed on                Adopting the voluntary standard with
                                               retailers, do not keep large inventories                to customers through small increases in               no modifications could reduce the
                                               of cribs. With an effective date six                    the rates child care providers charge                 impact on small retailers and some
                                               months after publication of the rule,                   (although the expenditure for new cribs               child care providers.
                                               retailers of new products should have                   would be far more immediate). Child                      Another alternative that could reduce
                                               sufficient notification and time to make                care centers may have limited ability to              the impact on small firms would be to
                                               this adjustment with little difficulty.                 pass these costs on to their customers,               allow more time for such entities to
                                               Retailers of used cribs may have                        particularly in light of the number of                comply with the final rule by providing


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                                               81786            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               a longer effective date for all entities                to be issued under that section as                    children, Labeling, Law enforcement,
                                               that are subject to the rule. This would                ‘‘consumer product safety rules,’’ thus               Reporting and recordkeeping, Toys.
                                               allow additional time for small                         implying that the preemptive effect of
                                                                                                                                                             16 CFR Part 1220
                                               manufacturers and small importers of                    section 26(a) of the CPSA would apply.
                                               non-compliant cribs. It could also                      Therefore, a rule issued under section                  Consumer protection, Incorporation
                                               alleviate inventory issues for small                    104 of the CPSIA will invoke the                      by reference, Imports, Infants and
                                               retailers. A third alternative that could               preemptive effect of section 26(a) of the             children, Labeling, Law enforcement,
                                               reduce the impact on small firms would                  CPSA when it becomes effective.                       Reporting and recordkeeping, Toys.
                                               be to provide an even longer compliance                                                                       16 CFR Part 1500
                                               period for child care centers, family                   M. Certification
                                               child care homes, and places of public                    Section 14(a) of the CPSA imposes the                 Consumer protection, Hazardous
                                               accommodation. Although this would                      requirement that products subject to a                substances, Imports, Infants and
                                               reduce the impact on the smaller of                     consumer product safety rule under the                children, Labeling, Law enforcement,
                                               these entities, it would not have any                   CPSA, or to a similar rule, ban,                      Reporting and recordkeeping, Toys.
                                               impact on small manufacturers or                        standard, or regulation under any other               ■ Therefore, the Commission amends
                                               importers.                                              act enforced by the Commission, be                    Title 16 CFR chapter II as follows:
                                                                                                       certified as complying with all                       ■ 1. Add part 1219 to read as follows:
                                               J. Environmental Considerations
                                                                                                       applicable CPSC requirements. 15
                                                  The Commission’s regulations                         U.S.C. 2063(a). Such certification must               PART 1219—SAFETY STANDARD FOR
                                               provide a categorical exclusion for the                 be based on a test of each product, or                FULL-SIZE BABY CRIBS
                                               Commission’s rules from any                             on a reasonable testing program or, for
                                               requirement to prepare an                                                                                     Sec.
                                                                                                       children’s products, on tests on a                    1219.1 Scope, compliance dates, and
                                               environmental assessment or an                          sufficient number of samples by a third                    definitions.
                                               environmental impact statement                          party conformity assessment body                      1219.2 Requirements for full-size baby
                                               because they ‘‘have little or no potential              accredited by the Commission to test                       cribs.
                                               for affecting the human environment.’’                  according to the applicable                              Authority: The Consumer Product Safety
                                               16 CFR 1021.5(c)(2). This rule falls                    requirements. Section 104(b)(1)(B) of the             Improvement Act of 2008, Pub. L. 110–314,
                                               within the categorical exclusion.                       CPSIA refers to standards issued under                § 104, 122 Stat. 3016 (August 14, 2008).
                                               K. Paperwork Reduction Act                              that section as ‘‘consumer product safety
                                                                                                       standards.’’ By the same reasoning, such              § 1219.1 Scope, compliance dates, and
                                                 This rule contains information                                                                              definitions.
                                                                                                       standards also would be subject to
                                               collection requirements under the                                                                                (a) Scope. This part establishes a
                                                                                                       section 14 of the CPSA. Therefore, any
                                               Paperwork Reduction Act of 1995 (44                                                                           consumer product safety standard for
                                                                                                       such standard would be considered a
                                               U.S.C. 3501–3520). Therefore, the                                                                             new and used full-size baby cribs.
                                                                                                       consumer product safety rule, to which
                                               preamble to the proposed rule (75 FR at                                                                          (b) Compliance dates. (1) Except as
                                                                                                       products subject to the rule must be
                                               43319 through 43321) discussed the                                                                            provided in paragraph (b)(2) of this
                                                                                                       certified.
                                               information collection burden of the                      Because full-size cribs and non-full-               section, compliance with this part 1219
                                               proposed rule and specifically requested                size cribs are children’s products, they              shall be required on June 28, 2011, and
                                               comments on the accuracy of our                         must be tested by a third party                       applies to the manufacture, sale,
                                               estimates. We did not receive any                       conformity assessment body whose                      contract for sale or resale, lease, sublet,
                                               comments concerning the information                     accreditation has been accepted by the                offer, provision for use, or other
                                               collection burden of the proposal, and                  Commission. Elsewhere in this issue of                placement in the stream of commerce of
                                               the final rule does not make any                        the Federal Register, we have issued a                a new or used full-size baby crib on or
                                               changes to that burden. We have                         notice of requirements to explain how                 after that date.
                                               applied to the U.S. Office of                           laboratories can become accredited as                    (2) Child care facilities, family child
                                               Management and Budget (OMB) for a                       third party conformity assessment                     care homes, and places of public
                                               control number for this information                     bodies to test to the new crib standards.             accommodation affecting commerce
                                               collection, and we will publish a notice                The Commission previously issued a                    shall be required to comply with this
                                               in the Federal Register providing the                   notice of requirements for accreditation              part on December 28, 2012, but this
                                               number when the agency receives                         to test to the existing crib standards (16            provision applies only to the offer or
                                               approval from OMB.                                      CFR parts 1508 and 1509) in the Federal               provision for use of cribs by child care
                                               L. Preemption                                           Register of October 22, 2008 (73 FR                   facilities, family child care homes, and
                                                                                                       62965). (Baby cribs also must comply                  places of public accommodation
                                                  Section 26(a) of the CPSA, 15 U.S.C.                                                                       affecting commerce and not the sale,
                                               2075(a), provides that where a                          with all other applicable CPSC
                                                                                                       requirements, such as the lead content                resale, or other placement in the stream
                                               ‘‘consumer product safety standard                                                                            of commerce of cribs by these entities.
                                               under [the CPSA]’’ is in effect and                     requirements of section 101 of the
                                                                                                       CPSIA, the phthalate content                             (c) Definitions. (1) Full-size baby crib
                                               applies to a product, no state or political                                                                   means a bed that is:
                                               subdivision of a state may either                       requirements in section 108 of the
                                                                                                                                                               (i) Designed to provide sleeping
                                               establish or continue in effect a                       CPSIA, the tracking label requirement in
                                                                                                                                                             accommodations for an infant;
                                               requirement dealing with the same risk                  section 14(a)(5) of the CPSA, and the                   (ii) Intended for use in the home, in
                                               of injury unless the State requirement is               consumer registration form
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                                                                                                                                                             a child care facility, a family child care
                                               identical to the federal standard.                      requirements in section 104 of the                    home, or place of public
                                               (Section 26(c) of the CPSA also provides                CPSIA).                                               accommodation affecting commerce;
                                               that states or political subdivisions of                List of Subjects                                      and
                                               states may apply to the Commission for                                                                          (iii) Within a range of ± 5.1 cm (± 2
                                               an exemption from this preemption                       16 CFR Part 1219                                      in.) of the following interior
                                               under certain circumstances.) Section                     Consumer protection, Incorporation                  dimensions: The interior dimensions
                                               104(b) of the CPSIA refers to the rules                 by reference, Imports, Infants and                    shall be 71 ± 1.6 cm (28 ± 5⁄8 in.) wide


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                                                                Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations                                        81787

                                               as measured between the innermost                          (2) Instead of complying with section              interior width dimension either greater
                                               surfaces of the crib sides and 133 ± 1.6                7.7.1 of ASTM F 1169–10, comply with                  than 77.7 cm (305⁄8 in.) or smaller than
                                               cm (523⁄8 ± 5⁄8 in.) long as measured                   the following:                                        64.3 cm (253⁄8 in.), or both;
                                               between the innermost surfaces of the                      (i) The spindle/slat static force test               (iv) Includes, but is not limited to, the
                                               crib end panels, slats, rods, or spindles.              shall be performed with the spindle/slat              following:
                                               Both measurements are to be made at                     assemblies removed from the crib and                    (A) Portable crib—a non-full-size baby
                                               the level of the mattress support spring                rigidly supported within 3 in. of each                crib designed so that it may be folded
                                               in each of its adjustable positions and                 end of the upper and lower horizontal                 or collapsed, without disassembly, to
                                               no more than 5 cm (2 in.) from the crib                 rails in a manner that shall not interfere            occupy a volume substantially less than
                                               corner posts or from the first spindle to               with a spindle/slat deflecting under the              the volume it occupies when it is used.
                                               the corresponding point of the first                    applied force. For cribs incorporating                  (B) Crib pen—a non-full-size baby crib
                                               spindle at the other end of the crib. If                foldable or moveable sides for purposes               with rigid sides the legs of which may
                                               a crib has contoured or decorative                      of easier access to the occupant, storage             be removed or adjusted to provide a
                                               spindles, in either or both of the sides                and/or transport, each side segment                   play pen or play yard for a child.
                                               or ends, the measurement shall be                       (portion of side separated by hinges for                (C) Specialty crib—an
                                               determined from the largest diameter of                 folding) shall be tested separately.                  unconventionally shaped (circular,
                                               the first turned spindle within a range                    (ii) [Reserved]                                    hexagonal, etc.) non-full-size baby crib
                                               of 10 cm (4 in.) above the mattress                     ■ 2. Add part 1220 to read as follows:                incorporating a special mattress or other
                                               support spring in each of its adjustable                                                                      unconventional components.
                                               positions, to a corresponding point on                  PART 1220—SAFETY STANDARD FOR                           (D) Undersize crib—a non-full-size
                                               the first spindle or innermost surface of               NON-FULL-SIZE BABY CRIBS                              baby crib with an interior length
                                               the opposite side of the crib.                                                                                dimension smaller than 126.3 cm (493⁄4
                                                 (2) Place of public accommodation                     Sec.                                                  in.), or an interior width dimension
                                                                                                       1220.1 Scope, compliance dates, and
                                               affecting commerce means any inn,                            definitions.
                                                                                                                                                             smaller than 64.3 cm (253⁄8 in.), or both.
                                               hotel, or other establishment that                      1220.2 Requirements for non-full-size baby              (E) Oversize crib—a non-full-size baby
                                               provides lodging to transient guests,                        cribs.                                           crib with an interior length dimension
                                               except that such term does not include                                                                        greater than 139.7 cm (55 in.), or an
                                                                                                          Authority: The Consumer Product Safety
                                               an establishment treated as an                                                                                interior width dimension greater than
                                                                                                       Improvement Act of 2008, Pub. L. 110–314,
                                               apartment building for purposes of any                  § 104, 122 Stat. 3016 (August 14, 2008).              77.7 cm (305⁄8 in.), or both.
                                               State or local law or regulation or an                                                                          (v) Does not include mesh/net/screen
                                               establishment located within a building                 § 1220.1 Scope, compliance dates, and                 cribs, nonrigidly constructed baby cribs,
                                               that contains not more than five rooms                  definitions.                                          cradles (both rocker and pendulum
                                               for rent or hire and that is actually                      (a) Scope. This part establishes a                 types), car beds, baby baskets, and
                                               occupied as a residence by the                          consumer product safety standard for                  bassinets (also known as junior cribs).
                                               proprietor of such establishment.                       new and used non-full-size baby cribs.                  (2) Play yard means a framed
                                                                                                          (b) Compliance dates. (1) Except as                enclosure that includes a floor and has
                                               § 1219.2   Requirements for full-size baby              provided in paragraph (b)(2) of this                  mesh or fabric sided panels primarily
                                               cribs.                                                  section, compliance with this part 1220               intended to provide a play or sleeping
                                                  (a) Except as provided in paragraph                  shall be required on June 28, 2011, and               environment for children. It may fold
                                               (b) of this section, each full-size baby                applies to the manufacture, sale,                     for storage or travel.
                                               crib shall comply with all applicable                   contract for sale or resale, lease, sublet,             (3) Place of public accommodation
                                               provisions of ASTM F 1169–10,                           offer, provision for use, or other                    affecting commerce means any inn,
                                               Standard Consumer Safety Specification                  placement in the stream of commerce of                hotel, or other establishment that
                                               for Full-Size Baby Cribs, approved June                 a new or used non-full-size baby crib on              provides lodging to transient guests,
                                               1, 2010. The Director of the Federal                    or after that date.                                   except that such term does not include
                                               Register approves this incorporation by                    (2) Child care facilities, family child            an establishment treated as an
                                               reference in accordance with 5 U.S.C.                   care homes, and places of public                      apartment building for purposes of any
                                               552(a) and 1 CFR part 51. You may                       accommodation affecting commerce                      State or local law or regulation or an
                                               obtain a copy from ASTM International,                  shall be required to comply with this                 establishment located within a building
                                               100 Bar Harbor Drive, P.O. Box 0700,                    part on December 28, 2012, but this                   that contains not more than five rooms
                                               West Conshohocken, PA 19428;                            provision applies only to the offer or                for rent or hire and that is actually
                                               telephone 610–832–9585; http://www.                     provision for use of cribs by child care              occupied as a residence by the
                                               astm.org. You may inspect a copy at the                 facilities, family child care homes, and              proprietor of such establishment.
                                               Office of the Secretary, U.S. Consumer                  places of public accommodation
                                               Product Safety Commission, Room 820,                    affecting commerce and not the sale,                  § 1220.2 Requirements for non-full-size
                                               4330 East West Highway, Bethesda, MD                                                                          baby cribs.
                                                                                                       resale, or other placement in the stream
                                               20814, telephone 301–504–7923, or at                    of commerce of cribs by these entities.                 (a) Except as provided in paragraph
                                               the National Archives and Records                          (c) Definitions. (1) Non-full-size baby            (b) of this section, each non-full-size
                                               Administration (NARA). For                              crib means a bed that is:                             baby crib shall comply with all
                                               information on the availability of this                    (i) Designed to provide sleeping                   applicable provisions of ASTM F 406–
                                               material at NARA, call 202–741–6030,                    accommodations for an infant;                         10a, Standard Consumer Safety
                                                                                                                                                             Specification for Non-Full-Size Baby
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                                               or go to: http://www.archives.gov/                         (ii) Intended for use in or around the
                                               federal_register/code_of_federal_                       home, for travel, in a child care facility,           Cribs/Play Yards, approved October 15,
                                               regulations/ibr_locations.html.                         in a family child care home, in a place               2010. The Director of the Federal
                                                  (b) Comply with the ASTM F 1169–                     of public accommodation affecting                     Register approves this incorporation by
                                               10 standard with the following                          commerce and other purposes;                          reference in accordance with 5 U.S.C.
                                               additions or exclusions:                                   (iii) Has an interior length dimension             552(a) and 1 CFR part 51. You may
                                                  (1) Do not comply with section 6.12                  either greater than 139.7 cm (55 in.) or              obtain a copy from ASTM International,
                                               of ASTM F 1169–10.                                      smaller than 126.3 cm (49 3⁄4 in.), or, an            100 Bar Harbor Drive, PO Box 0700,


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                                               81788            Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations

                                               West Conshohocken, PA 19428;                               Authority: 15 U.S.C. 1261–1278, 122 Stat.          A. What regulations is the CPSC
                                               telephone 610–832–9585; http://                         3016; the Consumer Product Safety                     revoking?
                                               www.astm.org. You may inspect a copy                    Improvement Act of 2008, Pub. L. 110–314,
                                                                                                       § 104, 122 Stat. 3016 (August 14, 2008).                 The CPSC first published the full-size
                                               at the Office of the Secretary, U.S.                                                                          crib regulation, 16 CFR part 1508, in
                                               Consumer Product Safety Commission,                     ■ 4. In § 1500.18 remove paragraphs                   1973 (38 FR 32129 (Nov. 21, 1973)) and
                                               Room 820, 4330 East West Highway,                       (a)(13) and (14).                                     amended it in 1982. The CPSC
                                               Bethesda, MD 20814, telephone 301–                        Dated: December 17, 2010.                           published the regulation for non-full-
                                               504–7923, or at the National Archives                   Todd A. Stevenson,                                    size cribs, 16 CFR part 1509, in 1976 (41
                                               and Records Administration (NARA).                                                                            FR 6240 (Feb. 12, 1976)), and amended
                                                                                                       Secretary, U.S. Consumer Product Safety
                                               For information on the availability of                  Commission.                                           it in 1982. Both standards contain
                                               this material at NARA, call 202–741–                                                                          requirements pertaining to dimensions,
                                                                                                       [FR Doc. 2010–32178 Filed 12–27–10; 8:45 am]
                                               6030, or go to: http://www.archives.gov/                                                                      spacing of components, hardware,
                                                                                                       BILLING CODE 6355–01–P
                                               federal_register/                                                                                             construction and finishing, assembly
                                               code_of_federal_regulations/                                                                                  instructions, cutouts, identifying marks,
                                               ibr_locations.html.                                     CONSUMER PRODUCT SAFETY                               warning statements, and compliance
                                                  (b) Comply with the ASTM F 406–10a                                                                         declarations. In addition, 16 CFR part
                                                                                                       COMMISSION
                                               standard with the following additions or                                                                      1509 contains a requirement regarding
                                               exclusions:                                             16 CFR Parts 1508 and 1509                            mattresses.
                                                  (1) Do not comply with sections 5.6.2
                                               through 5.6.2.4 of ASTM F 406–10a.                      Revocation of Requirements for Full-                  B. Why is the CPSC revoking the
                                                  (2) Do not comply with section 5.16.2                Size Baby Cribs and Non-Full-Size                     regulations pertaining to cribs?
                                               of ASTM F 406–10a.                                      Baby Cribs
                                                  (3) Do not comply with section 6.10                                                                           The Consumer Product Safety
                                               of ASTM F 406–10a.                                                                                            Improvement Act of 2008, Public Law
                                                                                                       AGENCY:Consumer Product Safety                        110–314 (‘‘CPSIA’’), was enacted on
                                                  (4) Do not comply with section 7,                    Commission.
                                               Performance Requirements for Mesh/                                                                            August 14, 2008. Section 104(b) of the
                                               Fabric Products, of ASTM F 406–10a.                     ACTION:   Final rule.                                 CPSIA requires the Commission to
                                                  (5) Instead of complying with section                                                                      promulgate consumer product safety
                                               8.10.1 of ASTM F 406–10a, comply with                   SUMMARY:    Section 104(b) of the                     standards for durable infant or toddler
                                               the following:                                          Consumer Product Safety Improvement                   products. These standards are to be
                                                  (i) The spindle/slat static force test               Act of 2008 (‘‘CPSIA’’) requires the U.S.             ‘‘substantially the same as’’ applicable
                                               shall be performed with the spindle/slat                Consumer Product Safety Commission                    voluntary standards or more stringent
                                               assemblies removed from the crib and                    (‘‘CPSC’’ or ‘‘Commission’’) to                       than the voluntary standard if the
                                               rigidly supported within 3 in. of each                  promulgate consumer product safety                    Commission concludes that more
                                               end of the upper and lower horizontal                   standards for durable infant or toddler               stringent requirements would further
                                               rails in a manner that shall not interfere              products. These standards are to be                   reduce the risk of injury associated with
                                               with a spindle/slat deflecting under the                ‘‘substantially the same as’’ applicable              the product. Elsewhere in this issue of
                                               applied force. For cribs incorporating                  voluntary standards or more stringent                 the Federal Register, the Commission is
                                               foldable or moveable sides for purposes                 than the voluntary standard if the                    issuing safety standards for full-size and
                                               of easier access to the occupant, storage               Commission concludes that more                        non-full-size cribs under the authority
                                               and/or transport, each side segment                     stringent requirements would further                  of section 104 of the CPSIA. These new
                                               (portion of side separated by hinges for                reduce the risk of injury associated with             standards adopt the voluntary standards
                                               folding) shall be tested separately.                    the product. The Commission is issuing                developed by ASTM International
                                                  (ii) [Reserved]                                      this rule to revoke its existing                      (formerly known as the American
                                                  (6) Do not comply with sections 8.11                 regulations pertaining to full-size and               Society for Testing and Materials),
                                               through 8.11.2.4 of ASTM F 406–10a.                     non-full-size cribs because, elsewhere in             which are more stringent in some
                                                  (7) Do not comply with sections 8.12                 this issue of the Federal Register, the               respects than the current applicable
                                               through 8.12.2.2 of ASTM F 406–10a.                     Commission is issuing consumer                        standards, and include ASTM F 1169–
                                                  (8) Do not comply with section 8.14                  product safety standards for cribs that               10, ‘‘Standard Consumer Safety
                                               through 8.14.2 of ASTM F 406–10a.                       will further reduce the risk of injury                Specification for Full-Size Baby Cribs,’’
                                                  (9) Do not comply with sections 8.15                 associated with these products under                  and ASTM F 406–10a, ‘‘Standard
                                               through 8.15.3.3 of ASTM F 406–10a.                     section 104 of the CPSIA. The new                     Consumer Safety Specification for Non-
                                                  (10) Do not comply with sections 8.16                consumer product safety standards for                 Full-Size Baby Cribs/Play Yards.’’
                                               through 8.16.3 of ASTM F 406–10a.                       cribs will include the requirements that                 The crib standards that the CPSC is
                                                  (11) Do not comply with section 9.3.2                have been in 16 CFR parts 1508 and                    publishing elsewhere in this issue of the
                                               through 9.3.2.4 of ASTM F 406–10a.                      1509 for full-size and non-full-size cribs.           Federal Register incorporate all of the
                                                  (12) Instead of complying with section               To eliminate duplication, the                         requirements currently found in 16 CFR
                                               9.4.2.6 of ASTM F 406–10a, comply                       Commission is removing 16 CFR parts                   parts 1508 and 1509. Consequently, the
                                               with the following warning                              1508 and 1509 entirely.                               requirements found at 16 CFR parts
                                               requirement:                                                                                                  1508 and 1509 have become redundant.
                                                  (i) Child can become entrapped and                   DATES:   Effective June 28, 2011.
                                                                                                                                                             The Commission, therefore, is revoking
                                               die when improvised netting or covers                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             16 CFR parts 1508 and 1509 in their
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                                               are placed on top of product. Never add                 Christopher Melchert, Division of                     entirety.
                                               such items to confine child in product.                 Regulatory Enforcement, Office of                        The Commission emphasizes that the
                                                  (ii) [Reserved].                                     Compliance, Consumer Product Safety                   revocation of 16 CFR parts 1508 and
                                                                                                       Commission, 4330 East West Highway,                   1509 would have no substantive effect
                                               PART 1500 [AMENDED]                                     Bethesda, MD 20814; telephone (301)                   on crib safety. The requirements from 16
                                               ■  3. The authority citation for part 1500              504–7588; cmelchert@cpsc.gov.                         CFR parts 1508 and 1509 still apply to
                                               is revised to read as follows:                          SUPPLEMENTARY INFORMATION:                            full-size and non-full-size cribs, but are


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