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CONSUMER PRODUCT SAFETY submitted by electronic mail (email), the side of the portable crib where a COMMISSION except through www.regulations.gov. baby can suffocate when the baby’s head CPSC encourages you to submit falls in such gap while lying in the 16 CFR Parts 1112, 1130 and 1241 electronic comments by using the prone position.’’ Petitioner asserted that [CPSC Docket No. 2020–0023] Federal eRulemaking Portal, as ‘‘no feasible consumer product safety described above. standard would adequately protect Safety Standard for Crib Mail/Hand Delivery/Courier Written babies from the unreasonable risk of Submissions: Submit comments by AGENCY: Consumer Product Safety injury and death associated with the mail/hand delivery/courier to: Division product.’’ Commission. of the Secretariat, Consumer Product ACTION: Notice of proposed rulemaking. Safety Commission, Room 820, 4330 CPSC staff prepared a briefing East-West Highway, Bethesda, MD package for the petition, recommending SUMMARY: The Danny Keysar Child 20814; telephone: (301) 504–7479; that the Commission defer action on the Product Safety Notification Act, section email: [email protected]. petition, so that staff could work on 104 of the Consumer Product Safety Instructions: All submissions must voluntary standards for crib mattresses Improvement Act of 2008 (CPSIA), include the agency name and docket and play yards to address the hazards requires the United States Consumer number for this notification. CPSC may identified in the petition. Staff noted Product Safety Commission (CPSC) to post all comments received without that any work on the play yard promulgate consumer product safety change, including any personal voluntary standard could become a standards for durable infant or toddler identifiers, contact information, or other mandatory standard through the Public products. These standards are to be personal information provided, to: ‘‘substantially the same as’’ the Law 112–28 update process, because the https://www.regulations.gov. Do not Commission has an existing mandatory applicable voluntary standard, or more submit electronically: Confidential stringent than the voluntary standard, if standard for play yards (16 CFR part business information, trade secret 1221); however, any changes to the crib the Commission determines that more information, or other sensitive or stringent requirements would further voluntary standard would protected information that you do not remain a voluntary standard, because reduce the risk of injury associated with want to be available to the public. If you the product. The Commission is the Commission does not have a wish to submit such information, please mandatory rule for crib mattresses. proposing a safety standard for crib submit it according to the instructions mattresses. The scope of the proposed for mail/hand delivery/courier On May 25, 2017, in response to the rule includes full-size and non-full-size submissions. petition request and staff’s crib mattresses, as well as after-market Docket: For access to the docket to recommendation to defer the petition, mattresses for play yards and non-full- read background documents or the Commission voted 1 (3–2) to ‘‘take size cribs. The Commission is also comments received, go to: http:// other action’’ and granted the petition, proposing to amend CPSC’s consumer www.regulations.gov, and insert the directing staff to: (1) Initiate a registration requirements to identify crib docket number, CPSC–2020–0023, into rulemaking under section 104 of the mattresses within the scope of the the ‘‘Search’’ box, and follow the CPSIA for a mandatory consumer proposed rule as durable infant or prompts. product safety standard that will toddler products, and proposing to address the risk of injury associated amend CPSC’s list of notice of FOR FURTHER INFORMATION CONTACT: Hope E J. Nesteruk, Project Manager, with the use of crib mattresses, (2) requirements (NORs) to include such include ‘‘supplemental and aftermarket crib mattresses. Directorate for Engineering, U.S. Consumer Product Safety Commission, mattresses used in play yards and DATES: Submit comments by January 11, portable cribs’’ 2 within the scope of the 2021. 5 Research Place, Rockville, MD 20850; telephone: (301) 987–2547; email: crib mattress rulemaking, and (3) update ADDRESSES: Comments related to the [email protected]. the product registration card rule (16 Paperwork Reduction Act aspects of the SUPPLEMENTARY INFORMATION: CFR part 1130) to include ‘‘crib marking, labeling, and instructional mattresses’’ in the list of durable infant literature requirements of the proposed I. Background and Statutory Authority or toddler products subject to the rule. mandatory standard for crib mattresses A. Background should be directed to the Office of 1 https://www.cpsc.gov/s3fs-public/RCA-Petition_ Information and Regulatory Affairs, the On June 16, 2015, the president of CP_15-2_Requesting_Ban_on_Supplemental_ Office of Management and Budget, Attn: Keeping Babies Safe (KBS) and the Mattresses_for_Play_Yards_with_Non-Rigid_Sides_ CPSC Desk Officer, Fax: 202–395–6974, mother of a child who died in an 052517.pdf. or emailed to oira_submission@ incident involving an after-market play 2 Although the petitioner used the term omb.eop.gov. yard mattress, petitioned the CPSC, ‘‘supplemental mattress,’’ ASTM F2933–19 uses Other comments, identified by Docket requesting a ban on supplemental and defines the term ‘‘after-market’’ mattress. Both mattresses for play yards with non-rigid terms refer to a mattress that is bought separately No. CPSC–2020–0023, may be from a play yard or non-full-size crib. This NPR will submitted electronically or in writing: sides (petition CP 15–2: Petition use the defined term ‘‘after-market’’ mattress. Electronic Submissions: Submit Requesting Rulemaking on Section 3.1.1 of ASTM F2933–19 defines an ‘‘after- electronic comments to the Federal Supplemental Mattresses for Play Yards market mattress for a play yard or non-full-size eRulemaking Portal at: http:// with Non-Rigid Sides). The petitioner crib’’ as ‘‘a mattress sold or distributed for a play www.regulations.gov. Follow the alleged that ‘‘thicker mattresses create a yard or non-full-sized crib.’’ Section 3.1.1.1 of instructions for submitting comments. suffocation hazard because they create a ASTM F2933–19 states that it does not include a CPSC does not accept comments gap between the sides and replacement mattress sold by an original equipment manufacturer as a replacement, if it is equivalent to the mattress originally provided with the product.

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The Commission issues this notice of Standard Consumer Safety reduce the risk of injury associated with proposed rulemaking (NPR) under Specification for Crib Mattresses, to the use of crib mattresses. Proposed section 104 of the CPSIA to propose a address the associated hazards. modifications in this NPR address: (1) mandatory consumer product safety Section 104(d) of the CPSIA requires Suffocation hazards associated with crib standard for crib mattresses.3 Unless manufacturers of durable infant or mattresses, due to overly soft mattresses, otherwise stated, the term ‘‘crib toddler products to establish a product by adding a test for mattress firmness mattresses’’ in this NPR includes registration program and comply with based on sections 6 and 8 of AS/NZS products within the scope of the CPSC’s implementing rule, 16 CFR part 8811.1:2013—Methods of testing infant 1130. Any product defined as a voluntary standard for crib mattresses, products—Method 1: Surfaces— ‘‘durable infant or toddler product’’ in ASTM F2933–19, Standard Consumer Test (AS/NZS 8811.1); (2) entrapment Safety Specification for Crib Mattresses part 1130 must comply with the product registration requirements, as well as hazards associated with full-size crib (ASTM F2933–19): Full-size crib mattresses, due to poor mattress fit from mattresses, non-full-size mattresses, and testing and certification requirements compression by sheets, by repeating the after-market mattresses for play yards for children’s products, as codified in 16 dimensional conformity test and and non-full-size crib mattresses. CFR parts 1107 and 1109. Section 104(f)(1) of the CPSIA defines a measuring for corner gaps, after B. Statutory Authority ‘‘durable infant or toddler product’’ as a installing a shrunken (by washing twice) Section 104(b) of the CPSIA requires ‘‘durable product intended for use, or cotton sheet; (3) entrapment hazards the Commission to: (1) Examine and that may be reasonably expected to be associated with after-market, non-full- assess the effectiveness of voluntary used, by children under the age of 5 size crib mattresses, due to lack of consumer product safety standards for years.’’ 15 U.S.C. 2056a(f)(1). Section dimensional requirements for durable infant or toddler products, in 104(f)(2) of the CPSIA includes a list of rectangular-shaped products, by consultation with representatives of categories of products that are durable extending the dimensional requirements consumer groups, juvenile product infant or toddler products, including in ASTM F2933–19 section 5.7.2 to all manufacturers, and independent child infant sleep products, such as cribs non-full-size crib mattresses, regardless product engineers and experts; and (2) (full-size and non-full-size), toddler of mattress shape, and regardless of promulgate consumer product safety beds, and cradles, and play whether the mattress is sold with a non- standards for durable infant or toddler yards. Id. 2056a(f)(2). full-size crib or as an after-market Although crib mattresses are used products. 15 U.S.C. 2056a(b). Standards mattress; (4) laceration hazards issued under section 104 are to be with infant sleep products, crib mattresses are not included in the associated with coils and springs ‘‘substantially the same as’’ the breaking and poking through mattresses, applicable voluntary standards, or more statutory list of durable infant or toddler products. The Commission proposes to by adding a cyclic impact test for stringent than the voluntary standard, if mattresses that use coils and springs; the Commission determines that more amend part 1130 to include ‘‘crib and (5) the risks of SIDS and suffocation stringent requirements would further mattresses’’ within the scope of ASTM related to infant positioning, soft reduce the risk of injury associated with F2933, as durable infant or toddler the product. Id. at 2056a(b)(1)(B). products. As set forth in section IX of , and gap entrapment, by Regarding the consultation this preamble, the Commission improving the labeling and instructional requirement in section 104(b)(1) of the previously explained that the statutory literature requirements to communicate CPSIA, CPSC staff regularly participates product list is not exhaustive, and the risks better to consumers, and to clarify in the juvenile products subcommittee Commission has added products to the requirements for manufacturers and test meetings of ASTM International list of durable infant or toddler labs. products. The Commission proposes to (ASTM). ASTM subcommittees consist The Commission also proposes to include ‘‘crib mattresses’’ as a ‘‘durable of members who represent producers, amend the consumer registration rule, users, consumers, government, and infant or toddler product’’ because: (1) They are intended for use, and may be part 1130, to identify ‘‘crib mattresses’’ academia.4 The consultation process for as a category of ‘‘durable infant or the crib mattresses rulemaking reasonably expected to be used, by children under the age of 5 years; (2) toddler products’’ subject to the rule. commenced during the ASTM Finally, the Commission proposes to subcommittee meeting in May 2018, they are products similar to the products listed in section 104(f)(2) of amend its regulation at 16 CFR part when CPSC staff presented initial 1112 to add ‘‘crib mattresses’’ to the list recommendations for updating the crib the CPSIA; (3) they are used in of products that require third-party mattress voluntary standard to address conjunction with other durable infant or testing as a basis for certification. the incident data. Since then, staff has toddler products used for unattended actively participated with the ASTM infant sleep, such as cribs, bassinets, This NPR is based on information F15.66 subcommittee for Crib and play yards; and (4) CPSC cannot provided in the September 30, 2020, Mattresses in revising ASTM F2933, fully address the risk of injury Staff Briefing Package: Draft Notice of associated with such infant sleep Proposed Rulemaking for Crib 3 Previously, on November 21, 2016, the products without addressing the Mattresses 5 Under the Danny Keysar Commission issued a notice of proposed hazards associated with the use of crib Child Product Safety Notification Act rulemaking for a Safety Standard for Portable mattresses in these infant sleep (Staff’s NPR Briefing Package), available Generators, proposing to codify the standard at 16 products. CFR part 1241. 81 FR 83556. The Commission is at: https://www.cpsc.gov/s3fs-public/ reusing part 1241 for this proposed rule for a Safety C. NPR Overview Notice-of-Proposed-Rulemaking-Safety- Standard for Crib Mattresses, to keep all regulations for durable infant or toddler products in one section Pursuant to section 104 of the CPSIA, Standard-for-Crib-Mattresses.pdf?mDLf. of the Code of Federal Regulations (CFR). The the Commission proposes to issue a MBLutFluwt6QFjeZRhYdNLFRR.J. Commission intends to renumber the CFR citation mandatory standard for crib mattresses, for portable generators when that rulemaking is finalized. incorporating by reference ASTM 4 ASTM International website: www.astm.org, F2933–19, with modifications to make 5 As well as supplemental and after-market About ASTM International. the standard more stringent, to further mattresses used in play yards and portable cribs.

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II. Product Description F2933–19 sets a minimum effective crib- B. Market Description 10 side height for non-full-size cribs and a A. Scope of Products Within the NPR 6 Crib mattresses are designed to be maximum gap between the mattress used with infant sleep products, such as The scope of the NPR includes all crib 9 edge and the crib side. Section 5.7.2.1 full-size cribs, non-full-size cribs, mattresses 7 within the scope of ASTM of ASTM F2933–19 requires that the bassinets and cradles, and play yards, to F2933–19, which addresses three types dimensions of a mattress supplied with provide sleeping accommodations for an of crib mattresses: a non-full-size baby crib shall be such infant. According to estimates published 1. Full-size crib mattresses—Full-size by Statista-Grand View Research, the crib mattresses within the scope the that the mattress, when inserted in the size of the U.S. market for standard and proposed rule are typically sold center of the crib, in a non-compressed portable cribs was $86.8 million in separately from the crib in which they state, shall not leave a gap of more than 1 2018.11 According to data collected by are intended to be used. Industry refers ⁄2 in. at any point between the staff, approximately 75 percent of crib to full-size crib mattresses as a perimeter of the mattress and the mattresses available for sale in the ‘‘standard’’ crib mattress. Full-size crib perimeter of the crib. Currently, section United States are standard (full-size) mattresses are also used for toddler 5.9 of ASTM F2933–19 requires that crib mattresses, and 7 percent are mini beds, meaning that one full-size crib after-market, non-rectangular, non-full- size crib mattresses be identical to the crib mattresses. mattress may be used from birth through Crib mattresses range in price from the toddler years. The fit of a crib OEM non-full-size crib mattresses they $20 to $500, with the more expensive mattress inside of a crib is key to are intended to replace, but only crib mattresses typically being full-size preventing infants from becoming requires warning labels regarding crib mattresses with a firm coil or high- trapped between the side of the crib and dimensions on after-market, rectangular- end foam core. Crib mattresses are the mattress, and suffocating. shaped, non-full-size crib mattresses. sometimes also sold with waterproof Accordingly, section 5.7 of ASTM The Commission proposes in the NPR to covers and fitted sheets, specifically F2933–19 requires that the dimensions extend this dimensional requirement to designed to be used with the mattress. of a full-size crib mattress shall measure all after-market, non-full-size cribs, While some manufacturers produce a at least 271⁄4 in. wide and 515⁄8 in. long. including non-rectangular and large variety of crib mattress models, The interior dimensions of full-size rectangular, non-full-size mattresses. others produce only a small selection. ± 5 ± cribs are 28 ⁄8 in. (710 16 mm) wide Many crib mattresses are GreenGuard 3 ± 5 ± 3. After-market mattresses for play and 52 ⁄8 ⁄8 in. (1330 16 mm) long. Certified, which is a UL-sponsored Full-size crib mattresses come in a yards—After-market mattresses are products sold separately from a play standard intended to reduce the variety of designs and are made of a emissions of volatile organic yard,3 and that are not sold by the OEM broad array of materials. Full-size crib compounds from products.12 as a replacement mattress for their mattresses typically have a fabric or Additionally, many full-size crib vinyl ticking, which covers inner-spring product. Pursuant to CPSC’s mandatory mattresses are advertised online as coils or foam. Inner-spring mattresses rule for play yards, part 1221, which meeting the CPSC mattress and mattress often have a layer of foam or batting incorporates by reference ASTM F406– pad flammability requirements.13 between the springs and the ticking. 19, Standard Consumer Safety If finalized, a mandatory rule for crib 2. Non-full-size crib mattresses—Non- Specification for Non-Full-Size Baby mattresses will require third party full-size cribs are cribs that differ in Cribs/Play Yards (ASTM F406), all play testing for conformance to the new crib dimension or shape from ‘‘standard’’ yards must be sold with a mattress that mattress rule, 16 CFR part 1241, and a full-size cribs. The NPR addresses all is specifically designed to fit that certificate of compliance. Crib non-full-size crib mattresses, regardless product. Part 1221 regulates OEM play mattresses already require third party of whether they are sold separately yard mattresses, but does not address testing and certification, because crib (after-market), or are sold with a non- after-market play yard mattresses. This mattresses are already defined as full-size crib (referred to as original Commission proposes in the NPR to ‘‘children’s products,’’ and are currently equipment manufactured mattresses or address after-market mattresses for play subject to various other federal safety OEM mattresses), and regardless of yards, as set forth in ASTM F2933–19 rules, such as mattress flammability, whether they are rectangular or non- section 5.9, by requiring that they meet lead, and phthalate testing. Accordingly, rectangular in shape.8 Because non-full- the same specifications and a final rule for crib mattresses will size cribs do not come in a standard performance requirements for OEM play incrementally increase the amount of size, non-full-size crib mattresses do not crib mattress testing and certification yard mattresses. Additionally, the NPR have defined dimensions. Rather, ASTM requirements already in place. would require that after-market 11 6 See Staff’s NPR Briefing Package at Tab B for mattresses intended for use in the C. Crib Mattress Use additional information on the scope of ASTM of a play yard with a bassinet Based on information from the 2013 F2933–19. attachment must also meet the CPSC Durable Nursery Products 7 Section 3.1.4 of ASTM F2933–19 defines a specifications in ASTM F2194, ‘‘crib’’ as a ‘‘ that is designed to provide sleeping Exposure Survey (DNPES) of U.S. accommodations for an infant which have specific Consumer Safety Specifications for households with children under 6 years interior dimensions as determined by it being either Bassinets and Cradles. old, an estimated 9.2 million cribs were a full size or non-full size crib.’’ Section 3.1.5 of in use in households with young ASTM F2933–19 defines a ‘‘mattress’’ as ‘‘ticking filled with a resilient material used alone or in 10 See Staff’s NPR Briefing Package at Tab F for combination with other products intended or 9 The most common rectangular, non-full-size promoted for sleeping on it.’’ additional information on the marketing and use of crib mattress available for sale in the U.S. crib 8 We note that OEM non-full-size crib mattresses crib mattresses. mattress market is the ‘‘mini’’ crib mattress. The 11 are also addressed in the Commission’s mandatory November 2019 Statista estimates, Grand View rule for non-full-size cribs, 16 CFR part 1220, which mini crib mattress is smaller than the so-called Research. incorporates by reference ASTM F406. The ‘‘standard’’ or full-size crib mattress. The typical 12 https://www.ul.com/resources/ul-greenguard- requirements in F406 for OEM non-full-size crib size of a ‘‘mini’’ crib mattress is 24″ wide and 38″ certification-program. mattresses are the same requirements that appear in long. The depth of a ‘‘mini’’ crib mattress varies, but 13 Review of manufacturers’ websites, product ASTM F2933 section 5.7. typically ranges from 1″ to 6″. labels, and materials.

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children in 2013.14 This represented other than the intended mattress; 12 fatalities, incidents, and concerns about 73 percent of the estimated 12.6 percent indicated they used a mattress associated with crib mattresses, reported million total cribs owned by households pad, but no respondents indicated that to have occurred between January 1, (i.e., about 3.4 million cribs were they used a fitted sheet. 2010 and March 31, 2020.21 Staff owned, but not in use). Cribs, for the The DNPES did not cover child care identified 21 NEISS cases associated purposes of the DNPES, included both facilities. One childcare industry with a crib mattress. Because the data full-size and non-full-size cribs, which group’s 2018 directory 16 lists more than did not meet the minimum criteria for are designed to be used with a crib 115,000 licensed childcare centers and reporting an estimate,22 staff included mattress; therefore, staff estimates at more than 137,000 home daycare the 19 NEISS injuries and two NEISS least 9.2 million (full-size and non-full- providers, some of which may use crib fatalities with the other reported size) crib mattresses were in use in or play yard mattresses. Furthermore, incident data for crib mattresses. 2013.15 According to DNPES results, 84 the survey did not cover hotels or other percent of respondents indicated they commercial lodging establishments. The A. Incident Severity used a fitted sheet on the crib U.S. Bureau of Labor Statistics (BLS) mattresses, and 50 percent indicated reports that there are about 70,000 The Commission is aware of 439 they used a mattress pad. Six percent of lodging establishments in the reports associated with a crib mattress. respondents indicated that nothing was accommodation industry sector, North Table 1 presents the severity of the placed under the child in the crib, other American Industry Classification reported cases, in order of severity. Of than the intended mattress, indicating System (NAICS) code 721.17 Based on the 439 reports, 116 reports (26 percent) that the crib mattress was used bare. the Commission’s contacts with involved a fatality; 15 reports (3 According to the same survey, an childcare and lodging facilities, crib, percent) required an infant to receive estimated 5.8 million play yards were in play yard, and crib mattresses are treatment in an emergency room; and 4 use in households with young children. commonly used in such reports (1 percent) required hospital This represented about 54 percent of the establishments.18 admission. Reports for 199 incidents (45 estimated 10.9 million total play yards percent) describe incidents that resulted owned by households (i.e., about 5.1 III. Incident Data and Hazard in no injuries; and 16 reports (4 percent) 19 million play yards were owned, but not Patterns describe no actual incidents or injuries. in use). Most play yards are designed to Staff of CPSC’s Directorate for In the 199 incident reports with no be used with a play yard mattress; Epidemiology, Division of Hazard injuries reported, staff observed that, therefore, staff estimates at least 5.8 Analysis (EPHA), searched the generally, caregivers intervened once million play yard mattresses were in use Consumer Product Safety Risk they identified a problem with the crib in 2013. Twenty-five percent of Management System 20 (CPSRMS) and mattress, and the mattress was no longer respondents indicated that nothing was the National Electronic Injury used after the caregiver identified the placed under the child in the play yard, Surveillance System (NEISS) for hazard.

TABLE 1—REPORTS ASSOCIATED WITH CRIB MATTRESSES BY SEVERITY, JANUARY 1, 2010–MARCH 31, 2020

Number of Severity reports %

Fatalities ...... 116 26 Emergency Department Treatment Received ...... 15 3 Hospital Admission ...... 4 1 Seen by Medical Professional ...... 1 <1 First Aid Received by Non-Medical Professional ...... 1 <1 Level of care not known ...... 66 15 Incident, No Injury ...... 199 45 No First Aid or Medical Attention Received ...... 8 2 No Incident, No Injury ...... 16 4 Unspecified ...... 13 3

Total ...... 439 100 Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.

14 Respondents were asked to include in their 18 Staff contacts included phone inquiries with crib mattress, without an actual incident occurring. count of cribs owned, cribs that had been converted daycare and hotel establishments. Staff initially extracted incident reports and NEISS into toddler beds; but they were instructed to 19 See Staff’s NPR Briefing Package at Tab A, for injury cases using nine product codes, with no include only the time used in the product as a crib, additional information on staff’s review of crib other restrictions on the extraction criteria. Staff in response to use questions. mattress incidents. then reviewed each record to determine whether a 20 CPSRMS is the epidemiological database that 15 In addition to the products in use in report was associated with a crib mattress. Staff houses all anecdotal reports of incidents received searched the following product codes: and households with young children, as estimated from by CPSC, ‘‘external cause’’-based death certificates the survey, cribs and crib mattresses are probably purchased by CPSC, all in-depth investigations of play yards (1513), portable cribs (1529), bassinets in use in some households without young children these anecdotal reports, as well as investigations of or cradles (1537), baby mattresses or pads (1542), (e.g., unsurveyed homes of older adults providing select NEISS injuries. Examples of documents in cribs, nonportable (1543), cribs, not specified care for grandchildren). CPSRMS are: Hotline reports, internet reports, news (1545), mattresses, not specified (4010), toddler 16 Child Care Centers estimate entire U.S. (2018, reports, medical examiner’s reports, death beds (4082), and a catch-all product code 9101. certificates, retailer/manufacturer reports, and April 27). http://childcarecener.us/. 22 NEISS estimates are reportable, provided the documents sent by state/local authorities, among 17 sample count is greater than 20, the national U.S. Bureau of Labor Statistics, ‘‘Quarterly others. estimate is 1,200 or greater, and the coefficient of Census of Employment and Wages,’’ April 2018. 21 Some of the nonfatal reports described http://www.bls.gov/iag/tgs/iag721.htm. concerns about potential hazards associated with a variation (CV) is less than 0.33.

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B. Hazard Categories for Fatal and incidents and concerns associated with hazard categories, which are further Nonfatal Reports crib mattresses that were reported to defined in the Fatal Reports and The Commission is aware of 116 have occurred between January 1, 2010 Reported Nonfatal Incidents and reported deaths and 323 nonfatal and March 31, 2020. Table 2 presents Concerns sections below.

TABLE 2—FATAL AND NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY, JANUARY 1, 2010–MARCH 31, 2020

Fatal Nonfatal Total Hazard category reports reports reports

Chemical/Flammability ...... 0 23 23 Coil or Spring ...... 0 124 124 Crib Mattress Used in a Play Yard ...... 2 1 3 Expand or Inflate ...... 0 6 6 Face in Mattress ...... 13 1 14 Fit Issues ...... 20 88 108 Found Prone ...... 66 3 69 Mattress Falls Apart ...... 0 18 18 Softness ...... 0 36 36 Multiple Contributing Factors (MCF) ...... 15 17 32 Other ...... 0 6 6

Total ...... 116 323 439 Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.

C. Fatal Reports mattresses that were reported to have March 31, 2020. Table 3 presents hazard The Commission is aware of 116 occurred between January 1, 2010 and categories associated with fatalities. reported deaths associated with crib

TABLE 3—REPORTED FATALITIES ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY, JANUARY 1, 2010– MARCH 31, 2020

Reported Hazard category deaths %

Crib Mattress Used in a Play Yard ...... 2 2 Face in Mattress ...... 13 11 Fit Issues ...... 20 17 Found Prone ...... 66 57 Multiple Contributing Factors (MCF) ...... 15 13

Total ...... 116 100 Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.

1. Crib Mattress Used in a Play Yard: with the fit of a crib mattress in the that potentially played a role in the Two percent of the fatalities involved sleeping environment. In all of these fatality, and the crib mattress was likely use of a crib mattress in a play yard (2 fatalities, the infants became wedged in one of the contributing factors. out of 116). Reports state that infants gaps between at least one of the sides of Examples of other contributing factors were found wedged between the crib a crib mattress and the crib rails or play are entrapment between the mattress mattress and the mesh of the play yard, yard mesh. and bumper pads, entrapment between due to the crib mattress not fitting 4. Found Prone: Fifty-seven percent the mattress and a crib rail with limb snugly in the play yard. (66 out of 116) of fatalities involved an entrapment, usage of a swaddle, sharing 2. Face in Mattress: Eleven percent infant found in a prone position with no of the sleep environment with another (13 out of 116) of fatalities were mention of whether the face of the child infant, and congenital or recent health associated with the face of an infant, was in contact with the crib mattress or conditions. when found, reportedly in contact with crib sheet, and no mention of the face CPSC staff identified the age and a crib mattress or crib sheet covering the being obstructed by other crib bedding, gender of the infant in every reported crib mattress. Based on the available or other items in the sleep environment. fatality. The oldest-aged children information about each fatality, Given the available information about associated with crib mattress fatalities bedding, other than a sheet, was present each fatality, bedding was present in the were: One 3-year-old, and two 2-year- in the sleeping environment in some of sleeping environment in some of these old children. Staff observed these reports, but the bedding was not reports, but staff did not determine that considerably more reported prone touching the infant, nor did staff bedding was a contributing factor in the fatalities between the ages of 1 month determine that the bedding was a deaths. and 5 months, and most of the deaths contributing factor in the death. 5. Multiple Contributing Factors in the fit, face in mattress, and MCF 3. Fit Issues: Seventeen percent (20 (MCF): Thirteen percent (15 out of 116) hazard categories involved infants out of 116) of fatalities involved issues of fatalities involved multiple factors between the ages of 1 month and 8

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months, compared to other ages. Of the D. Nonfatal Reports and Concerns that were reported to have occurred 116 reported fatalities associated with between January 1, 2010 and March 31, crib mattresses, 74 deaths (64 percent) The Commission is aware of 323 2020. Table 4 presents the hazard were male and 42 deaths (36 percent) reported nonfatal incidents and categories associated with nonfatal crib were female. concerns associated with crib mattresses mattress reports.

TABLE 4—NONFATAL REPORTS ASSOCIATED WITH CRIB MATTRESSES BY HAZARD CATEGORY, JANUARY 1, 2010–MARCH 31, 2020

Nonfatal Hazard category reports %

Chemical/Flammability ...... 23 7 Coil or Spring ...... 124 38 Crib Mattress Used in a Play Yard ...... 1 <1 Expand or Inflate ...... 6 2 Face in Mattress ...... 1 <1 Fit Issues ...... 88 27 Found Prone ...... 3 1 Mattress Falls Apart ...... 18 6 Softness ...... 36 11 Multiple Contributing Factors (MCF) ...... 17 5 Other ...... 6 2

Total ...... 323 100 Source: CPSRMS and NEISS databases—Reporting is ongoing; 2018–2020 are considered incomplete.

As shown in Table 4, the hazard involved a crib mattress that failed to treated and released from the hospital categories with the most reported expand or inflate properly. Staff emergency department due to nonfatal incidents associated with crib identified related hazards, including fit entrapment between a crib mattress and mattresses are issues with coils or issues with gaps appearing around the crib rails, and sustaining injuries, such springs, and crib mattresses that do not crib mattress causing entrapment or as an arm or leg fracture, a mid-back fit properly in the sleep environment.23 wedging, and an uneven crib mattress injury, a foot injury, lip hematoma, and We describe the non-fatal incidents that may cause an infant to roll over. a nursemaid’s elbow. associated with each identified hazard 5. Face in Mattress: Less than 1 7. Found Prone: One percent (3 out of category as follows: percent (1 out of 323) of nonfatal 323) of nonfatal incidents involved an 1. Chemical/Flammability: Seven incidents involved an infant found infant found in a prone position without percent (23 out of 323) of the nonfatal limp, pale, and with blue around the any mention of the face being in contact incidents reported a crib mattress lips while face down in contact with a with the mattress or crib sheet, and no having a chemical odor (5), causing crib mattress. Staff found no other mention of the face being obstructed by rashes (7), or not meeting mandatory details about the sleep environment in other crib bedding or other items in the federal flammability standards (11). this incident. The 1-month-old infant sleep environment. Staff found no other Infants were reported to have suffered was admitted to the hospital. details about the sleep environment in from rashes and upper respiratory 6. Fit Issue: Twenty-seven percent (88 any of these three reported incidents. issues. out of 323) of nonfatal incidents Among these three infants, an 8-month- 2. Coil or Spring: Thirty-eight percent involved issues with the fit of a crib old was admitted to the hospital after (124 out of 323) of nonfatal incidents mattress in the sleeping environment. In being found breathing poorly; and two involved a coil or spring found all of these reports, staff determined that infants received treatment in the protruding through the crib mattress. A gaps were present on one or more sides emergency department: A 4-month-old 2-year-old received two stitches in the around the perimeter of a crib mattress, was found breathing poorly, and a 1- hospital emergency department for a creating wedging or entrapment hazard month-old was found not breathing, laceration injury. Another 2-year-old between the crib mattress and the crib while vomiting and choking. with a toe laceration was treated and rails or play yard mesh. A 3-month-old 8. Mattress Falls Apart: Six percent released from the hospital emergency went into cardiac arrest and was (18 out of 323) of nonfatal incidents department. admitted to the hospital after being involved part of a crib mattress coming 3. Crib Mattress Used in a Play Yard: found between a crib mattress and a crib apart. In most of these reports, the Less than 1 percent (1 out of 323) of frame. Six children between the ages of seams of the mattress unraveled, nonfatal incidents involved an infant’s 6 months old and 2 years old, and a 10- creating: A strangulation hazard due to back being scratched by protruding coils year-old with Rett syndrome,24 were the stitching of the mattress being or springs of a crib mattress being used exposed; and a choking or ingestion in a play yard. 24 According to https://www.rettsyndrome.org, hazard due to the inner filling coming 4. Expand or Inflate: Two percent (6 ‘‘Rett syndrome is a rare genetic neurological out of the mattress in small pieces and out of 323) of nonfatal incidents disorder that occurs almost exclusively in girls and leads to severe impairments, affecting nearly every into the sleep environment. Examples of 23 In the most recent 2 years, from January 2018 aspect of the child’s life: Their ability to speak, reported small pieces of a crib mattress to March 2020, CPSC observed fewer nonfatal walk, eat, and even breathe easily. The hallmark of filling that came apart are fibers, string, reports of coil or spring issues associated with crib Rett syndrome is near-constant repetitive hand or wool. Staff found that in six mattresses, compared to years 2014 through 2017. movements. Rett syndrome is usually recognized in incidents, string from crib mattress Eighty-nine percent (78 out of 88 nonfatal reports) children between 6 to 18 months as they begin to of nonfatal reports involving fit issues occurred miss developmental milestones or lose abilities they seams or piping was found wrapped between 2010 and 2015. had gained.’’ around the neck of the infant, which

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could have led to a serious outcome if infant who was ‘‘tangled in a crib including the AAP, CDC,32 CPSC, and the child was not found in time. One mattress’’ was admitted to the hospital Kids in Danger (KID) 33 support these incident involved an infant choking on due to a leg fracture. The 9-month-old efforts. a plastic piece of ‘shredded’ crib who was ‘‘stuck on a crib mattress’’ was To make infant sleep environments mattress, and 1 incident involved a 2- treated and released from the hospital more comfortable, caregivers commonly year-old who was treated and released emergency department due to a use soft bedding and after-market from the hospital emergency department nursemaid’s elbow. mattresses, instead of, or in addition to, due to ingesting plastic pieces of a crib an OEM mattress. Infants can maneuver mattress. E. Explanation of Hazards Associated themselves into vulnerable positions in 25 9. Softness: Eleven percent (36 out of With Crib Mattress Use a sleep environment, from which they 323) of nonfatal incidents involved a After reviewing the incident data, cannot free themselves: crib mattress inner cushioning that was CPSC staff identified various mattress- Infants in the age range associated with reportedly too soft. Staff found 17 use factors associated with deaths and fatal incidents, i.e., between 2 and 6 months, reports of depressions or indentations in serious injuries related to sudden and develop new skills, such as rolling over and the crib mattress, accompanied by the unexpected infant death (SUID), crawling, in stages. According to Bayley following descriptions: ‘‘bunches up/ (1969), several developmental milestones including, but not limited to, prone squishy,’’ ‘‘depression/dips/ occur within the first 6 months of life; some positioning of sleeping infants, soft indentation/sinks in/sunken,’’ and notable motor skills typically achieved are bedding added to sleep areas, and gaps/ ‘‘deflates/like an not fully turning from side to back (average age: 1.8 inflated.’’ Twelve reports describe a crib pockets between mattresses and infant months old), turning from back to side 26 27 28 (average age: 4.4 months old), and turning sheet being placed on a crib mattress product sides. Physiologically, infants experiencing a compromised from back to stomach (average age: 6.4 and causing the mattress to bend or months old). Children as young as 8 to 12 bow, resulting in a gap or fit issue airflow are likely to undergo a cycle of decreased heart and respiration rate, weeks are likely to move around a play yard, between the mattress and crib rails, including moving to the edge and possibly creating an entrapment hazard. Four resulting eventually in fatal cessation of moving into vulnerable situations. However, reports claim that a crib mattress is not breathing. Numerous public awareness children may not be able to remove breathable. Three reports allege that a campaigns have aimed to educate themselves by reversing their actions because crib mattress is too thin and that the caregivers regarding the identified they may not have developed the skill.34 inner cushioning is too soft. hazards; these campaigns include: Infants can become trapped in a gap 10. Multiple Contributing Factors ‘‘Back to Sleep’’ (Moon et al., 2016, as between a crib mattress and the side (MCF): Five percent (17 out of 323) of cited in Fors Marsh Group, 2019), the wall(s) of their sleep environment, with nonfatal incidents involved multiple ‘‘ABC’s of safe sleep’’ (alone (no bed their nose and mouth pressed against factors that played a role, of which the sharing), back-sleeping, and crib the mattress or side wall, experiencing crib mattress was likely one factor. Staff uncluttered),29 and ‘‘Safe Sleep/Bare is 30 31 compromised airflow. Gap entrapment found that in 10 reports, an infant was Best.’’ Health and safety advocates, is a hazard associated with ill-fitting found wedged between a crib mattress mattresses in full-size cribs, play yards, and the crib rail, while an arm, leg, or 25 Staff’s NPR Briefing Package at Tabs C and E and non-full-size cribs. To minimize the contain more detailed analysis of incidents and foot was caught in between the slats of risk for entrapment in a gap, a full-size the crib. Additionally, one infant in a hazards associated with crib mattress use. 26 The Centers for Disease Control and Prevention crib and full-size crib mattress that meet sleep sack was found face down while (CDC) defines ‘‘SUID’’ as the sudden and the applicable standards would allow a reportedly attempting to turn over, and unexpected death of a baby less than 1-year-old, in maximum side gap of 13⁄8 inches.35 another child was found face down in which the cause was not obvious before investigation. See https://www.cdc.gov/sids/about/ Given non-flexible sides and infant head a crib while having a seizure. Among 36 index.htm?CDC_AA_refVal=https%3A%2F%2F dimensions, requirements in these the most serious injuries reported were www.cdc.gov%2Fsids%2FAboutSUIDandSIDS.htm; two children who were treated and accessed July 20, 2020. 32 See https://www.cdc.gov/vitalsigns/safesleep/ released from the hospital emergency 27 The American Academy of Pediatrics (AAP, index.html; accessed May 2, 2020. department: A 5-month-old received a 2016) explains that SUID, also known as ‘‘sudden 33 See https://kidsindanger.org/protect-your- leg fracture after becoming entrapped unexpected death in infancy’’ (SUDI), includes child/sleep/; accessed May 6, 2020. explained and unexplained deaths, and it can be 34 under a crib mattress while also having See page 5, https://www.cpsc.gov/s3fs-public/ attributed to suffocation, asphyxia, entrapment, Petition%20CP%2015-2%20-%20Petition an arm caught between the slats of the infection, ingestions, metabolic diseases, %20Requesting%20Ban%20on%Supplemental% crib, and an 18-month-old was found arrhythmia-associated cardiac channelopathies, and 20Mattress%20for%20Play%20Yards% face down on a crib mattress while trauma. See https://pediatrics.aappublications.org/ 20with%20Non-Rigid%20Sides%20-% content/pediatrics/138/5/e20162938.full.pdf; _ having a seizure. 20May%2010%20217 3.pdf; accessed September accessed May 5, 2020. 14, 2020. 11. Other: Two percent (6 out of 323) 28 Sudden infant death syndrome (SIDS) is a 35 Per 16 CFR part 1219, and by reference ASTM of nonfatal incidents involved subcategory of SUID that refers to infant deaths that F1169–19, a full-size crib must have interior miscellaneous other issues associated cannot be explained after a thorough case dimensions of 28 ± 5⁄8 inches wide by 523⁄8 ± 5⁄8 with a crib mattress. Reports in this investigation. The terms SUID and SIDS are used inches long. Per the existing voluntary standard for interchangeably, as SIDS commonly is used to refer category include: A blade found in a crib mattresses, ASTM F2933–19, a full-size crib to SUID in warning labels and articles and given mattress shall measure at least 271⁄4 inches wide by crib mattress; an infant’s arm was that consumers are more familiar with the term 515⁄8 inches long by 6 inches thick. ‘‘tangled in a crib mattress’’; an infant SIDS as opposed to SUID. 36 According to Snyder (1975), the 5th percentile ‘‘slipped on a crib mattress,’’ causing a 29 See https://www.aappublications.org/news/ head breadth, i.e., the maximum breadth of the head 2016/10/24/SIDS102416; accessed May 7, 2020. above and behind the ears, of children 0 to 3 slat entrapment; an infant’s arm became 30 See https://www.cpsc.gov/Safety-Education/ months old is approximately 33⁄10 inches, which is ‘‘stuck on a crib mattress’’; a crib Neighborhood-Safety-Network/Posters/Safe-Sleep- more than twice as wide as the maximum allowable mattress had a loose plastic bag for a for-Babies; accessed May 6, 2020. side gap between full-size cribs and full-size crib cover; and a concern about crib 31 See https://www.cpsc.gov/safety-education/ mattresses. ESHF staff selected head ‘‘breadth,’’ as mattresses not having proper warning safety-guides/kids-and-babies-cribs/safe-sleepbare- opposed to length or height, to err on the side of best and https://www.nationwidechildrens.org/ caution, as head breadth is the smallest of these labels to direct caregivers to place family-resources-education/health-wellness-and- three head dimensions that could cause a fatal infants on their backs when putting safety-resources/helping-hands/safe-sleep- entrapment. Similarly, staff selected the 5th them down in a crib. The 7-month-old practices-for-babies; accessed May 11, 2020. percentile measurement for 0-to-3-month-old

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standards work in tandem to help consequently, as the thickness of IV. International Standards for Crib prevent head entrapment and mattresses used in these products Mattresses 39 suffocation between the mattress and increases, the risk of gap entrapment crib sides, even though a full-size crib often increases as well. The Commission is aware of two manufacturer is not required to provide international voluntary standards F. Product Recalls 38 the mattress.37 Still, incidents of gap pertaining to crib mattresses: 40 entrapment involving these products From June 1, 2010 to June 1, 2020, • BS EN 16890:2017—Children’s continue to occur, including when the CPSC negotiated five consumer-level Furniture—Mattresses for cots and recalls involving crib mattresses to full-size crib and non-compressed full- cribs—Safety requirements and test mitigate against risks of flammability size crib mattress measure the methods (BS EN 16890); and appropriate dimensions. For example, and suffocation. Four recalls involved • gaps involving full-size crib mattresses non-compliance with mandatory federal Australian/New Zealand Standard can develop if the mattresses are too flammability requirements. These four 8811.1:2013—Methods of testing infant soft, such as when the mattress is recalls included approximately 80,000 products (AS/NZS 8811.1). compressed by mattress sheets. units in total. The Commission cannot Table 5 compares each of these Gaps between the infant’s mattress provide an exact number of units international standards to ASTM and sleep product sides are especially because of a lack of differentiation F2933–19 to assess how each standard hazardous when after-market mattresses between crib and adult mattress addresses the identified hazard patterns populations in recalls that included with thicker depth dimensions than the and other common hazards. Tab B of OEM mattress are used in products with both. The fifth recall of crib mattresses Staff’s NPR Briefing Package contains a flexible (e.g., mesh or fabric) sides, such involved a dimensional issue, where the more detailed analysis of the as play yards and non-rigid-sided crib mattress models were ill-fitting, portable cribs. The side walls of these presenting an entrapment hazard. This comparison, and how each standard products typically expand more towards recall included approximately 300,000 addresses the hazard patterns described the center of the side wall, and, units. in Table 5. TABLE 5—COMPARISON OF CRIB MATTRESS VOLUNTARY STANDARDS BY HAZARD PATTERN

Hazard pattern ASTM F2933 AS/NZS 8811.1 EN 16890 Comments

Chemical Hazards 16 CFR part 1303 Ban of Lead-Con- Not addressed ...... Provision for specific controlled toxic ASTM is adequate to address US inci- taining Paint, 16 CFR part 1500 substances. dent data. Hazardous Substances Act Regula- tions. Coil or Spring ...... Prohibition of sharp points ...... Not addressed ...... Prohibition of sharp points ...... NPR proposes addition of cyclic test- ing. Crib Mattress Used Labeling requirements, requirements Not addressed ...... Labeling requirements ...... ASTM more stringent. in a Play Yard. for after-market mattresses and re- quired testing to ASTM F406 mat- tress requirements. Expand or Inflate ... Dimensional conformity, mattress Not addressed ...... Dimensional conformity, labeling re- ASTM more stringent. thickness, and labeling requirements. quirements. Face in Mattress .... Labeling requirements ...... Firmness test ...... Firmness test ...... NPR proposes mattress firmness test based on sections 6 and 8 of AS/ NZS 8811.1 firmness test, in addi- tion to label requirements in ASTM F2933–19. Fit Issues ...... Dimensional conformity and after-mar- Not addressed ...... Dimensional conformity, conical probe NPR proposes fitted sheet compres- ket mattress requirements. test, cyclic test. sion test. Found Prone ...... Labeling requirements ...... Firmness test ...... Firmness test ...... NPR proposes mattress firmness test based on sections 6 and 8 of AS/ NZS 8811.1 firmness test, in addi- tion to label requirements in ASTM F2933–19. Mattress Falls Apart Mattress seam stitching requirement Not addressed ...... Mattress seam stitching requirement ASTM more stringent. and small parts prohibition. and small parts prohibition. Softness ...... Not addressed ...... Firmness test ...... Firmness test ...... NPR proposes mattress firmness test based on sections 6 and 8 of AS/ NZS 8811.1 firmness test. Multiple Contrib- General requirements and instructional Not addressed ...... General requirements and instructional ASTM General Requirements are ade- uting Factors literature. literature. quate but safety info is inadequate. (MCF). Small Parts ...... Prohibited per 16 CFR part 1501 ...... Not addressed ...... Same as ASTM ...... ASTM is adequate to address U.S. in- cident data. Sharp Points/Edges Prohibited per 16 CFR 1500 ...... Not addressed ...... Prohibited but no performance require- ASTM is more stringent. ments. Flammability ...... Prohibited per 16 CFR 1632 and 1633 Not addressed ...... Must comply with EN 71–2:2011 and ASTM is adequate to address U.S. in- EN 597–1. cident data. Small Openings ..... Openings between 0.210″ and 0.375″ Not addressed ...... Not addressed ...... ASTM is adequate and more stringent. prohibited.

infants to reduce the likelihood of death or serious Guidance/Full-Size-Baby-Cribs/, accessed May 1, furniture—Mattresses for cots and cribs—Safety injury to those most vulnerable to the identified 2020. requirements and test methods. Although this draft hazards. 38 See Staff’s NPR Briefing Package at Tab D. ISO standard is not yet an official standard, CPSC 37 See https://www.cpsc.gov/Business-- 39 See Staff’s NPR Briefing Package at Tab B. staff reviewed it for relevancy and found that it is Manufacturing/Business-Education/Business- 40 The Commission is also aware of a draft, nearly identical to BS EN 16890. unpublished, standard, ISO 23767 Children’s

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TABLE 5—COMPARISON OF CRIB MATTRESS VOLUNTARY STANDARDS BY HAZARD PATTERN—Continued

Hazard pattern ASTM F2933 AS/NZS 8811.1 EN 16890 Comments

Label Permanency Must not detach with <15-lb. pull force Not addressed ...... Must not detach after 30 attempts to ASTM is adequate and more stringent. remove with feeler gauge. Dimensional Con- Must be at least 27.25″ x 51.625″ dur- Not addressed ...... Must be within 10 mm of nominal di- ASTM is adequate and more stringent. formity. ing application of forces. mensions. Entanglement ...... All accessible stitching must be lock Not addressed ...... Maximum free length of 220 mm ...... ASTM is adequate to address U.S. in- stitching. cident data. Seam Stitching ...... All accessible stitching must be lock Not addressed ...... Seams must not be penetrated >6 mm ASTM is adequate and more stringent. stitching. with 12 mm diameter probe. After-Market Mat- Mattresses shall have same thickness, Not addressed ...... Not addressed...... ASTM is more stringent; NPR pro- tresses. floor support structure and attach- poses to extend dimension require- ment method as the mattress it is in- ments in 5.7.2 to all after-market tended to replace. non-full-size crib mattresses. Warning Labels/In- Warning labels required, instructions Not addressed ...... Instructions required/warning labels do ASTM is inadequate. See human fac- structions. not required. not address as many hazards. tors assessment in Tab C of Staff’s NPR Briefing Package.

With the exception of mattress • Mattress dimension conformity, types of products. Section 7.5 has firmness, the Commission concludes • Mattress thickness, and requirements specific to mesh/fabric- that ASTM F2933–19 is equivalent to, or • Marking and labeling. sided and rigid-sided, non-rectangular more stringent than, AS/NZS 8811.1 or Since 2013, ASTM has revised and products, including as follows: After- EN 16890 because it more fully updated the voluntary standard three market mattresses shall have all the addresses the hazard patterns identified times to address safety issues, as warnings that the original manufacturer by CPSC staff in the reported incident outlined below: had and provide instructions that are on data. Compared to these international ASTM F2933–16 (approved 12/1/ the original mattress, and both the after- standards, ASTM F2933–19 is more 2016): market mattress and the retail packaging comprehensive because it also addresses • Revised warning label permanency shall identify the brand and model non-full-size crib mattresses and after- requirements in 5.6.1, to include numbers of products in which it is market mattresses for play yards and requirement that ‘‘[n]on-coated paper intended to be used. Section 7.6 non-full-size cribs. Furthermore, the warning label shall not be applied on contains requirements specific to rigid Commission notes that ASTM F2933–19 either side of sleeping surface.’’ Added sided rectangular products including as was developed through collaboration a note under this section, stating that follows: After-market mattresses and between CPSC staff and stakeholders, non-coated paper label may absorb their retail packaging shall have a and has been revised three times in the water and can deteriorate. specified statement regarding mattress attempt to address incident data ASTM F2933–18 (approved 8/15/ dimensions and fit. provided by CPSC staff. Therefore, the 2018): ASTM F2933–19 (approved 6/15/ Commission concludes that ASTM • Revised scope to include a new 2019): F2933–19, when modified to include a section 1.5, stating the standard was • Added a new requirement for test for mattress firmness based on developed in accordance with mattress seam stitching in section 5, sections 6 and 8 of AS/NZS internationally recognized principles on General Requirements, requiring that all 8811.1:2013, is more appropriate than standardization. seam stitching that is accessible to the AS/NZS 8811.1:2013 or EN 16890 to • Added definition of ‘‘after-market occupant be lock stitching. address hazard patterns associated with mattress for play yard or non-full-size B. Description of Performance crib mattresses. crib,’’ to section 3, Terminology. • Added a new requirement for after- Requirements in ASTM F2933–19 41 V. Voluntary Standard—ASTM F2933 market mattresses for play yards and In addition to the general A. History of ASTM F2933 non-full-size crib mattresses in section requirements typically found in other 5, General Requirements, stating that ASTM juvenile product standards, such The ASTM Committee F15 on after-market mattresses for soft-sided as requirements for openings, label Consumer Products first published the and non-rectangular, rigid-sided permanency, and the prohibition of voluntary standard for crib mattresses in products shall have the same thickness, 2013, as ASTM F2933–13, Standard sharp points/edges, small parts, and floor support structure, and attachment Consumer Safety Specification for Crib lead in paints, section 5 of ASTM method as the mattress it is intended to Mattresses. The first publication F2933–19 contains the following four established requirements for the replace and shall meet the specifications additional requirements that apply standard and addressed the following of Mattress Vertical Displacement test specifically to mattresses for cribs, non- issues: from ASTM F406–19, Standard full-size-cribs, and to after-market • Sharp points and sharp edges,42 Consumer Safety Specification for Non- mattresses for non-full-size cribs and • Small parts, Full-Size Baby Cribs/Play Yards. play yards: • • • Lead and other toxic substances in Added additional marking and § 5.7 Mattress Dimensions: paints, labeling requirements for after-market Describes the dimensional requirements • Finger entrapment, mattresses in sections 7.5 through 7.7. for full-size mattresses and OEM non- To comply with these sections, after- full-size crib mattresses, to prevent an 41 See Staff’s NPR Briefing Package at Tab B for market mattresses and their retail infant from becoming wedged in a gap additional information about the history and packaging shall include specified caused by a too small crib mattress. To performance requirements in ASTM F2933–19. suffocation warning language related to ensure the crib mattress dimensions are 42 Tapered ends that do not meet the requirements of 16 CFR 1500.48 and metal or glass hazardous gaps and stacked mattresses. within the allowable range, the test tapered surfaces that do not meet the requirements Sections 7.5 and 7.6 have additional requires a mattress to be placed in a test of 16 CFR 1500.49. requirements that distinguish between box and pushed against the side of the

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box with a force prescribed in the test play yards and non-full-size cribs, and help inform caretakers of the primary method. requires that mesh/fabric sided hazards during use of the product. • § 5.7.2.2 Mattress Thickness: products, and rigid sided non- Based on CPSC staff’s Engineering, Applies to OEM non-full-size crib rectangular products, must have the Human Factors, and Health Sciences mattresses, to prevent occupants from same thickness, floor support structure, assessments, Tabs B, C, and E of Staff’s falling out of the product. The and attachment method as the mattress NPR Briefing Package, respectively, the requirement states that a mattress it is intended to replace. Accordingly, requirements in the current voluntary supplied with a non-full-size crib shall after-market mattresses for play yards standard, ASTM F2933–19, adequately have a thickness that will provide a and non-rectangular rigid sided address the hazard patterns related to minimum effective crib-side height products must be identical to the OEM expanding or inflating crib mattresses, dimension of at least 20 inches when mattress.43 After-market mattresses mattresses falling apart, and most the crib side is in its highest adjustable must also meet the Mattress Vertical hazards associated with multiple position and the mattress support is in Displacement test in ASTM F406.44 contributing factors, or other hazards. its lowest adjustable position. Finally, section 5.9.1.3 requires However, ASTM F2933–19 does not Additionally, the mattress shall have a ‘‘replacement’’ mattresses intended to adequately address the most prevalent thickness that will provide a minimum be used in the bassinet of a play yard or severe identified hazards associated effective crib-side height dimension of with a bassinet attachment to meet the with the use of crib mattresses, such as at least 3 inches when the crib side is requirements of ASTM F2194, when in its lowest adjustable position, and the coil spring issues, face in mattress, fit tested with each brand and model the issues, found prone, and softness. The mattress support is in its highest mattress is intended to replace. adjustable position. warning labeling for factors within • § 5.8 Mattress Seam Stitching: VI. Assessment of the Voluntary multiple contributing factors (such as, Applies to all crib mattresses within the Standard ASTM F2933–19 face in mattress, found prone, and scope of the standard, and requires that softness) are also inadequate. A. Adequacy of Performance Accordingly, the Commission proposes all seam stitching that is accessible to Requirements 45 the occupant be lock stitching to additional requirements in the NPR to prevent accessible stitching from ASTM developed ASTM F2933 to make the standard more stringent, to becoming loose and creating a small mitigate the risk of injury associated further reduce the risks of death and part or strangulation hazard. with the use of crib mattresses. Hazard injury from these hazard patterns. Table • § 5.9 After-Market Mattress for mitigation strategies include 6 summarizes CPSC’s assessment of the Play Yards and Non-Full-Size Cribs: performance requirements and adequacy of ASTM F2933–19 to address Applies to after-market mattresses for instructions and on-product warnings to the identified hazard patterns. TABLE 6—ADEQUACY OF ASTM F2933–19 IN ADDRESSING IDENTIFIED HAZARD PATTERNS

Identified hazard pattern Applicable mat- (potential injury) tresses How addressed in ASTM F2933–19 Adequacy Comments

Chemical/Flammability Hazards (odors, All ...... 16 CFR part 1303—Lead-Containing Adequate ...... Staff’s NPR Briefing Package (SBP) rash). Paint; 16 CFR part 1500—Haz- Tab B. ardous Substances Act Regulations (Sections 5.1 and 5.4); 16 CFR part 1632—Flammability of Mattresses and Mattress Pads; 16 CFR part 1633—Flammability (Open Flame) of Mattress Sets. Coil or Spring (laceration) ...... Coil or spring mat- Prohibition of sharp points (Section Inadequate ...... Propose additional cyclic testing to tresses (primarily 5.2). identify potential for springs to break full-size). through surface during foreseeable use and misuse. SBP Tab B. Crib Mattress Used in a Play Yard (suf- Aftermarket play Labeling requirements, requirements Adequate ...... SBP Tabs B & C. focation due to ill-fitting mattress). yard mattresses. for after-market mattresses. Testing requirements harmonized with ASTM F406. (Section 7.5). Expand or Inflate (suffocation due to ill- Foam products, Dimensional conformity, mattress Adequate ...... SBP Tab B. fitting mattress that does not expand typically full-size thickness, and labeling requirements or inflate properly). and shipped as (Section 5.7). ‘‘bed in a box’’. Face in Mattress (suffocation) ...... All ...... Labeling requirements (Section 7.3) .... Inadequate ...... NPR proposes a test based on sec- tions 6 and 8 of AS/NZS 8811.1 firmness test. SBP Tabs B & C. Fit Issues (suffocation due to ill-fitting All ...... Dimensional conformity and after-mar- Inadequate ...... NPR proposes additional fitted sheet mattress). ket mattress requirements (Sections compression test for full-size crib 5.7 and 5.9). mattresses and extending dimen- sional requirements in section 5.7 to all after-market, non-full-size crib mattresses. SBP Tab B.

43 Requirements for OEM mattresses sold with 44 The purpose of requiring after-market the ASTM Play Yard Vertical Displacement Task play yards and non-full-size cribs are codified at 16 mattresses to be identical to OEM mattresses is to Group and the Play Yard Mattress Fit and CFR parts 1220 (non-full-size cribs) and 1221 (play reduce the risk of infant entrapment and suffocation Thickness Task Group. yards), which incorporate by reference ASTM F406, associated with after-market mattresses that are too 45 Staff’s NPR Briefing Package at Tab B contains Standard Consumer Safety Specification for Non- thick, or that do not fit correctly or attach to a play additional details on the CPSC staff’s analysis of Full-Size Baby Cribs/Play Yards (ASTM F406). yard or non-full-size crib. ASTM developed this ASTM F2933–19 and its ability to address requirement in collaboration with CPSC staff and identified hazards.

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TABLE 6—ADEQUACY OF ASTM F2933–19 IN ADDRESSING IDENTIFIED HAZARD PATTERNS—Continued

Identified hazard pattern Applicable mat- (potential injury) tresses How addressed in ASTM F2933–19 Adequacy Comments

Found Prone (suffocation due to prone All ...... Labeling requirements (Section 7.3) .... Inadequate ...... Propose additional mattress firmness position). test based on sections 6 and 8 of AS/NZS 8811.1 and strengthening warning label requirements. SBP Tabs B & C. Mattress Falls Apart (choking/ingestion) All ...... Mattress seam stitching requirement Adequate ...... SBP Tab B. and small parts prohibition (Sections 5.3 and 5.8). Softness (suffocation due to soft sur- All ...... Not addressed ...... Inadequate ...... Propose additional mattress firmness face). test based on sections 6 and 8 of AS/NZS 8811.1 firmness test. SBP Tab B. Multiple Contributing Factors (MCFs, All ...... General requirements and warning la- Inadequate ...... Some MCFs addressed by proposed e.g., entrapment in bumper pads, bels (Sections 5.7 and 7.3). additional requirements, while others limb entrapment, crib sharing with are related to another product use another infant, existing health condi- or other factor out of the scope of tion). the crib mattresses standard.

1. Coil or Spring Lacerations full-size crib testing. After replicating However, staff testing found that tight- Laceration hazards due to an exposed the full-size crib impact test (45 pounds fitting sheets over crib mattresses can coil or spring accounted for 124 of the dropped 750 times), staff assessed that create gaps between the corners of the 440 incident reports (38% of nonfatal the test was too onerous. During task mattress and the interior corner of the incidents). Currently, ASTM F2933–19 group discussions, consensus was to crib, creating an entrapment hazard. does not address this hazard. A cyclic lower the weight to 30 pounds and ASTM F2933–19 does not adequately test could address this hazard, by increase the number of cycles to 1,000. addresses this mattress compression ASTM has not held additional task loading and unloading any mattress that issue that creates an entrapment hazard group meetings or issued ballots on this contains coils or springs for a set between a full-size crib mattress and the issue since the July 2019 task group number of cycles, to exercise metal coil side or corner of a full-size crib. meeting. The Commission’s proposed springs and identify springs that cannot For further examination, staff requirement in the NPR to address coils withstand normal use without breaking, obtained 11 full-size crib mattresses and and springs is based on the last work of or that may otherwise break the surface eight 100 percent cotton full-size crib the task group, and the test requires a of the mattress. mattress sheets to investigate this 30-pound impactor drop, similar to the In July 2018, the ASTM Crib Mattress reported hazard pattern. Staff washed full-size crib standard, on a mattress in Cyclic Testing task group discussed a four sets of sheets twice in hot water four specified locations for a total of cyclic impact test based on the Mattress then dried them at the highest 1000 impacts. Tab B of Staff’s NPR Support Vertical Impact Test from temperature setting; staff did not wash Briefing Package provides additional section 7.4 of ASTM F1169–19 (the the remaining four sheet sets. Staff details of staff’s work to address coil standard for full-size cribs). At the measured the length and width of two and spring lacerations and the proposed F15.66 Crib Mattress subcommittee corner seams of the eight mattress sheets cyclic test. meeting held in October 2018, the with the corner seams straightened. subcommittee discussed both the 2. Fit Issues Staff measured length and width by Mattress Support Vertical Impact Test Fit issues are associated with 108 of holding the innermost ends of two and the Mattress Durability Roller 439 incidents; 20 were fatal, and 88 adjacent corner seams, separating them Testing for spring/coil mattresses, based were nonfatal. In these reports, gaps until a straight edge was formed, and on ASTM F1566, Standard Test between the crib mattress and the crib measuring the straight edge. Methods for Evaluation of Innersprings, rail or play yard mesh, on one or more Staff set aside for mattress testing the Boxsprings, Mattresses or Mattress Sets, areas around the perimeter of a crib smallest sheet of each group, as section 7, as possible cycle loading tests. mattress, created a wedging or determined by the smallest length and In the following months, CPSC staff and entrapment hazard. Reports of width dimensions. The sheets were then other members of the Crib Mattress mattresses that fail to expand, compress, fitted on the mattresses to determine the Cyclic Testing task group performed or buckle, indicate the potential to form change in dimensions and whether any variations of the Mattress Support hazardous gaps between the corner of a potentially hazardous gaps were Vertical Impact Test to determine a test crib and the corner of the mattress. This created. Staff shared the test results, that would be most applicable to crib hazard can arise when a fitted sheet is detailed in Tab B of Staff’s NPR Briefing mattresses with coil springs. placed on the mattress, creating large Package, with the subcommittee chair On April 29, 2019, CPSC staff sent a corner gaps that could lead to on March 20, 2020, but no ASTM letter to the subcommittee chair in entrapment. Fit issues can also occur subcommittee or task group meetings for response to ballot F15 (19–04), stating when a mattress is not dimensionally crib mattresses have occurred since staff’s initial test results. In the task appropriate for use with a specific crib. then, due to the COVID–19 pandemic. group meeting in July 2019, staff and To strengthen the standard, the one manufacturer discussed the results a. Mattress Compression With Fitted Commission proposes in the NPR to add of their continued testing and refined Sheet a test for full-size mattresses to assess the requirements. The task group ASTM F2933–19 contains a mattress compression and fit issues caused by a focused testing on the Mattress Support dimensional conformity test intended to tight-fitting sheet. This additional test Vertical Impact Test because this test address hazardous gaps between the may also help with complaints around uses the same equipment employed in edge of a crib and the mattress. mattresses inflating or expanding,

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because the proposed test would repeat ‘‘supplied with’’ a non-full-size crib ASTM F2933–19, because size the dimensional conformity test. (OEM mattresses), and section 5.9, requirements prevent hazardous gaps which addresses after-market mattresses from forming between the edge of a b. Dimension Requirements for After- for non-full-size cribs (mattresses mattress and the side of the crib, where Market Non-Full-Size Crib Mattresses purchased separately from a crib, which infants can become entrapped and ASTM F2933–19 addresses are not intended by the OEM as a suffocate. Table 7 presents the types of dimensional requirements for non-full- replacement mattress). Dimensional crib mattresses covered by ASTM F2933 size crib mattresses in two places: requirements for non-full-size crib and the current dimensional Section 5.7, which addresses mattresses mattresses are a key requirement in requirements for each mattress type.

TABLE 7—CURRENT PERFORMANCE REQUIREMENTS FOR CRIB MATTRESS DIMENSIONS

ASTM 16 CFR 1221 16 CFR 1220 ASTM ASTM F2933–19 ASTM F406 ASTM F406 F2933–19 F2933–19 Crib Play Non-full-size Crib Crib mattresses yards cribs mattresses mattresses 5.7.1.1 5.16.2 5.17 5.7.2 5.9.1

Full-Size ...... All ...... X ...... Play Yards ...... Original * ...... X ...... X ** After-market ...... Rectangular NFS ...... Original * ...... X X ...... After-market ...... Non-Rectangular NFS ...... Original * ...... X X X* After-market ...... * Includes ‘‘replacement mattresses,’’ which are assumed to be sold by an original equipment manufacturer (OEM) and equivalent in dimension and specification to the original mattress (see ASTM F2933–19 section 3.1.1.1). ** After-market play yard mattresses that are also used in a bassinet attachment to that play yard must also meet ASTM F2194, for bassinets.

Table 7 demonstrates a gap in the could not determine the rationale for the infant was found in a prone position dimensional requirements for after- limiting the requirements to only non- (face down) with no mention of whether market, rectangular-shaped, non-full- rectangular products. the face of the child was in contact with size crib mattresses in section 5.9 ASTM Although ASTM F2933–19 contains the crib mattress or crib sheet, and no F2933–19 (shaded), which does not no dimension requirements for after- mention of whether the face was appear to have a performance market, rectangular-shaped, non-full- obstructed by other crib bedding or requirement for mattress dimension. size crib mattresses, the standard does other items in the sleep environment. The Commission proposes in the NPR to contain warning requirements However, in 11 percent (13 out of 116) address this gap by expanding the non- pertaining to the size of after-market of fatalities, when discovered, the child full-size crib mattress requirements in mattresses for rectangular non-full-size was found prone and the report 5.7.2, which currently only apply to cribs. Staff’s NPR Briefing Package specifically indicated the face of the OEM mattresses, to apply to all non-full- details these warnings requirements in child was in contact with a crib mattress size crib mattresses. section 7 of ASTM F2933–19. Generally, or crib sheet covering the crib mattress. Although the after-market solely relying on a warning label puts Based on the available information requirements in section 5.9 are the onus on the consumer to read, about each fatality, staff found that some purportedly intended to apply to ‘‘After- understand, and follow the direction to reports indicate that bedding was market mattress for play yard and non- only use an OEM mattress. CPSC staff present in the sleeping environment, but full size crib,’’ the requirements in concluded that warnings alone are bedding was not touching the infant or section 5.9.1 are limited to ‘‘mesh/fabric insufficient to address the hazards did not appear to be a contributing sided products’’ (meaning play yards) associated with ill-fitting, after-market, factor in the death. Additionally, staff and ‘‘rigid sided non-rectangular non-full-size crib mattresses. found that in 11 percent (36 out of 323) products’’ (meaning non-rectangular of the nonfatal incidents, the report 3. Found Prone, Face Into Mattress, and non-full-size cribs). Because section 5.7 stated that a crib mattress inner Softness of ASTM F2933–19 only applies to OEM cushioning was too soft. Although these mattresses, no performance CPSC staff separated the hazard incidents did not involve a fatality, soft requirements in the standard apply to patterns for found prone, face into bedding, such as and after-market, rectangular-shaped, non- mattress, and softness in the incident , is associated with infant full-size crib mattresses. CPSC staff review, as reflected in Table 6. fatalities, and staff deduces that an reviewed the rationales for changes to However, due to available details in excessively soft mattress (i.e., one that the after-market requirements for crib each incident, CPSC staff considers may mold around or otherwise occlude mattresses in the ASTM standards, and these hazard patterns to be related. an infant’s airway), such as mattresses notes that the ASTM intentionally Accordingly, the Commission’s made of ,46 could present limited performance requirements in proposed modifications in the NPR the same hazard. section 5.9.1 by omitting rectangular related to each of these hazard patterns Pillows, and other soft, -like mattresses for rigid-sided products (i.e., may address incidents associated with objects can pose a suffocation hazard to rectangular non-full-size cribs). Staff all three hazard patterns. reviewed ASTM minutes and ballot F15 Staff found that in 57 percent (66 out 46 Memory foam is a viscoelastic-foam product (17–02), which implemented this of 116) of the reported fatalities and that is sensitive to pressure and temperature and requirement in F2933; however, staff three reported nonfatal incidents (1%), intended to conform to the body.

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infants by conforming to the face and draft test method in ISO/CD 23767, design-based approaches because the blocking the nose and mouth. A crib although most members had yet to effectiveness depends on persuading mattress must be sufficiently firm to perform any testing. Staff also shared consumers to alter their behavior in prevent a child’s nose and mouth from testing results in a letter to the some way to avoid hazards, rather than being obstructed by a mattress that is subcommittee and task group chair on eliminating hazards or inhibiting too soft and pillow-like. Prone March 20, 2020. The task group planned exposure to hazards. Therefore, when a positioning is a known risk factor for to discuss CPSC testing results at the standard relies on warnings to address SUID, and may be related to limited April subcommittee meeting, which was a hazard, warning statements must be as physical and developmental capabilities canceled due to the COVID–19 strong as possible; i.e., the warnings of infants, who may not arouse pandemic. CPSC staff’s testing, detailed must be noticeable, understandable, and themselves in a low-oxygen situation. in Tab B of Staff’s NPR Briefing Package, motivating. The primary U.S. voluntary Suffocation-type asphyxial deaths (e.g., found few failures with either test consensus standard for product safety smothering) involve occlusion of method, based on 11 sample mattresses signs and labels, ANSI Z535.4, airways and can occur when an infant available from big box retail stores. American National Standard for is placed to sleep or rolls into a prone After evaluating the hazards Product Safety Signs and Labels, position on a surface capable of associated with soft surfaces, the recommends that on-product warnings conforming to the body or face of an Commission proposes in the NPR include content that addresses the infant, such that the mouth and nose are additional performance requirements to following three elements: 52 physically blocked, preventing air make the standard more stringent, to • A description of the hazard; passage. Moreover, published guidance further reduce the risk of death and • information about the consequences from the American Academy of injury associated with mattresses that of exposure to the hazard; and Pediatrics (AAP) states: ‘‘A soft sleeping are too soft and have the ability to • instructions regarding appropriate surface (e.g., memory foam) can increase conform to an infant’s face. Although hazard-avoidance behaviors. the risk of rebreathing or suffocation’’ 47; the warning label change and the Section 7 of ASTM F2933–19 and ‘‘Soft mattresses, including those firmness test will not make prone specifies requirements for marking and made from memory foam, could create sleeping safe, they may help to reduce labeling for full-size crib mattresses, a pocket (or indentation) and increase the instances in which an infant non-full-size crib mattresses, and after- the chance of rebreathing or suffocation maneuvers into a prone position with its market mattresses for play yards and if the infant is placed in or rolls over to face in the mattress that could have been non-full-size cribs. Based on CPSC the prone position.’’ 48 Tab E of Staff’s mitigated with a firmer surface. CPSC staff’s examination of literature, NPR Briefing Package contains staff determined that the AS/NZS incident data, and consumer feedback, additional information about the 8811.1:2103 is more repeatable and the crib mattress warnings specified in suffocation hazard. more stringent than the draft test in ISO/ ASTM F2933–19 do not adequately Other than through warnings, ASTM CD 23767. Accordingly, the Commission address these warning elements F2933–19 does not address mattress proposes a mattress firmness test in the regarding the identified hazards. While firmness or softness hazards potentially NPR for all crib mattresses within the there are warnings pertaining to infant related to prone and face into mattress scope of the standard that is based on positioning, soft bedding, and gap incidents. ASTM F2933–19 contains sections 6 and 8 of AS/NZS entrapment, the wording and formatting warning requirements regarding prone 8811.1:2013.50 Tab B of Staff’s NPR of the warning message needs to be positioning; however, based on CPSC Briefing Package contains additional improved to communicate the hazards staff’s analysis, warnings alone are details regarding staff’s testing of effectively. Below we summarize the inadequate to address the suffocation mattress firmness and the rationale for relevant warnings in ASTM F2933–19 hazard. The Commission proposes in recommending the addition of the and the Commission’s concerns with the the NPR a performance requirement to performance test based on AS/NZS warnings. measure mattress firmness, to address 8811.1:2013. 1. Warnings Regarding Infant some prone-positioning deaths 49—in B. Adequacy of Marking, Labeling, and Positioning which it was not clear that that face was Instructions 51 in the mattress. In a letter to the ASTM Regarding positioning babies on their subcommittee chair for crib mattresses, Universally, labeling experts view backs to sleep, ASTM F2933–19 dated December 11, 2019, staff warning about a hazard as less effective requires the following warning: recommended that the subcommittee at addressing hazards than either Failure to follow these warnings could continue their previous work on designing the hazard out of a product, result in serious injury or death. To prevent mattress firmness. The firmness task or guarding the consumer from the deaths, the U.S. Consumer Product Safety group met on January 8, 2020, to discuss hazard. The use of warnings is lower in Commission (CPSC), the American Academy the hazard-control hierarchy than of Pediatrics (AAP), and the National this recommendation. In a task group Institute of Child Health and Human meeting held on February 13, 2020, staff Development (NICHD) recommend the 50 verbally shared the results of staff’s Staff also used a test based on AS/NZS following: 8811.1:2013 to address a smothering-type testing to AS/NZS 8811.1:2013 and a suffocation hazard presented by crib bumpers To reduce the risk of Sudden Infant Death separating from the crib or otherwise protruding Syndrome (SIDS) and suffocation, 47 https://www.aafp.org/afp/2017/0615/ into the sleep area and getting underneath an infant. pediatricians recommend healthy infants be p806.html. In these situations, the crib bumper behaves like a placed on their backs to sleep, unless 48 https://pediatrics.aappublications.org/content/ or soft bedding that is able to conform to, and otherwise advised by your physician. occlude, airway openings. Extending the 138/5/e20162938#ref-19. The warning to place babies on their 49 Many factors contribute to prone positioning requirement to the mattress will similarly reduce deaths, and suffocation face down in a soft mattress the risk of suffocation posed by soft depressions or backs to sleep includes, and is is just one possible factor. Staff could not indentations in crib mattresses. definitively associate soft mattresses with specific 51 Staff’s NPR Briefing Package at Tab F contains 52 All three elements may not be necessary in incidents. However, staff did not associate incidents additional details on the basis for the Commission’s some cases, such as if certain information is open with firm mattresses, and staff is aware of deaths proposed modifications to the marking, labeling, and obvious or can be readily inferred by associated with other products with conforming and instructional literature requirements for crib consumers. However, people often overestimate the surfaces (e.g., pillows, ). mattresses. obviousness of such information to consumers.

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presented after, a significant amount of increase the readability and directness including the hazard information for unnecessary text. Given that at least 102 of the warnings. full-size crib mattresses. of the 116 deaths involved prone 3. Warnings Regarding Gaps 4. Additional Concerns Regarding the positioning, many of which indicated Warnings no other known contributing factors, it Regarding gaps, in addition to is imperative that this warning be as specifying consumers use only sheets The Commission has additional clear and direct as possible. As and mattress pads designed for the crib concerns with the safety information discussed in Tab C of Staff’s NPR mattress, ASTM F2933–19 includes the requirements in ASTM F2933–19, Briefing Package, and the Appendix to following warnings: which undercut the effectiveness of the Tab C, the Commission proposes in the • [For full-size crib mattresses] Do not communication of the identified NPR to modify this warning statement use this mattress in a crib having hazards. These concerns include, but and its position on the warning label to interior dimensions that exceed 285⁄8 by are not limited to, the following: increase the likelihood of consumers 53 in. (73 by 135 cm) as measured from • The definition of ‘‘conspicuous’’ in reading and understanding the hazard of the innermost surfaces of the crib. section 3 is ambiguous; • prone sleeping. [For non-full-size rigid sided • the warning labels do not have a rectangular products] Check for proper 2. Warnings Regarding Soft Bedding clear and comprehensive hazard fit of the mattress. This mattress identifier; Regarding soft bedding, ASTM lll lll measures long, wide, and • the packaging requirements for F2933–19 includes the following lll thick when measured from seam warnings: marking and labeling are limited and to seam. (The blank is to be filled in.) exclude full-size crib mattresses; • Infants can suffocate on soft • [For play yards and non-full-size • there are no requirements for bedding. Never place a pillow or cribs] Suffocation hazard: Babies have under sleeping infant for warnings in instructional literature; suffocated: • additional padding or as a mattress • In gaps between wrong-size the warning message includes a substitute. mattress and side walls of product. significant amount of superfluous text, • Do not cover the heads of babies • Between the side walls and extra resulting consequently in warning labels with a or over bundle them in padding, such as stacked mattresses. that are more difficult to understand clothing and blankets. Overheating can ALWAYS check mattress fit by and less likely to be read in their lead to SIDS. pushing mattress tight to one corner. entirety; and • • [For full-size crib mattresses] Only Look for any gaps between the mattress the requirements in section 7 are use sheets and mattress pads designed and the side walls. If this gap is larger worded and organized poorly, which specifically for crib mattresses. may lead to confusion among • than 1 in., the mattress does not fit and [For non-full-size crib mattresses] should NOT be used. manufacturers, test labs, and others Only use sheets and mattress pads NEVER stack with another mattress. viewing the standard. designed specifically for this mattress Use only ONE mattress. The Commission proposes in the NPR size. For full-size crib mattresses, staff’s to improve the requirements for safety Staff’s review indicates that unnecessary review shows that these warnings do information in ASTM F2933–19 to wording is included in the warnings not provide consumers with enough address the above concerns and further pertaining to soft bedding, and that the information about the gap entrapment reduce the risk of injury and death from warnings are not clearly organized. hazard. Reports for at least 14 of the the identified hazards. In a side-by-side Reports for at least 49 incidents indicate cases resulting in death describe gaps redline of the current and proposed that caregivers added soft bedding to the involving a full-size crib mattress (at labeling provisions in the Appendix to sleep area, and survey 53 and focus least 119 incident reports including Tab C of Staff’s NPR Briefing Package, group 54 feedback demonstrates that complaints with and without injuries). staff identifies the specific weaknesses consumers commonly use soft bedding Regarding this hazard, the warnings in of ASTM F2933–19 for addressing the in infant sleep areas. As advocated in ASTM F2933–19 inform consumers that hazards, and provides explanations for numerous public awareness campaigns only the full-size crib mattress is to be the proposed modifications. by health and safety professionals, used in a crib with the specified warnings regarding soft bedding must be 5. Basis for NPR Proposed Modifications dimensions (full-size crib dimensions in to Safety Information communicated effectively. The compliance with 16 CFR part 1219), and Commission proposes to modify the that consumers are to use only sheets The Commission proposes in the NPR warning content and formatting to and mattress pads designed specifically substantial modifications to the for crib mattresses. A single statement requirements for marking and labeling 53 See section II.C of this preamble for about specified dimensions is not specified in ASTM F2933–19, including information about the DNPES. a new section on instructional literature. 54 The 2019 ‘‘Consumer Product Safety sufficient, given the prevalence of this Commission (CPSC): Caregiver Perceptions and hazard and that factors such as rounded Figure 1 shows a comparison of full-size Reactions to Safety Messaging Final Report,’’ by edges and compression can increase the crib mattress warning labels compliant Fors Marsh Group, includes a discussion of size of side wall or corner gaps. The with ASTM F2933–19 current feedback from parents and grandparents who requirements versus the NPR’s proposed participated in focus groups pertaining to safe sleep Commission proposes to modify these practices. See Staff’s NPR Briefing Package at Tab warnings to present more clearly and labeling requirements. C for more information. accurately the hazard information, BILLING CODE 6355–01–P

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BILLING CODE 6355–01–C manufacturers, regulators, and test labs associated with durable nursery product Proposed modifications to safety regarding the requirements of the rulemaking projects over the past information in the NPR consider standard. Many of the changes several years. These recommendations improvements to the safety information incorporate efforts to align with include requirements for the following: from ASTM F15.66 and additional recommendations from the Ad Hoc • Content that is ‘‘easy to read and members of the ASTM F15 committee 57 understand,’’ not contradicted 55 Language task group. on consumer products. Recently, elsewhere on the product, and in ASTM F15 balloted changes to ASTM In 2016, ASTM juvenile products standards began adopting ‘‘Ad Hoc’’ English, at a minimum; F2933–19, which were developed by • conformance to the following ASTM F15.66.56 The recommendations labeling recommendations, to increase the consistency of on-product warning sections of ANSI Z535.4–2011: by ASTM F15.66, as well as those Æ ANSI Z535.4, sections 6.1–6.4, design among juvenile products, and to provided in comments by ASTM F15 which include requirements related to address numerous warning format members on the ballot, include safety alert symbol use, signal word issues related to capturing consumer improvements to the warning content selection, and warning panel format, attention, improving readability, and and format, and clarifications for arrangement, and shape; increasing hazard perception and Æ ANSI Z535.4, sections 7.2–7.6.3, 55 avoidance behavior. The warning format Since May 2018, staff has been participating in which include color requirements for ASTM F15.66 to address the identified hazards. recommendations from Ad Hoc are Subcommittee members include manufacturers, each panel; and based primarily on the requirements of Æ ANSI Z535.4, section 8.1, which safety and health advocacy groups, and other ANSI Z535.4, while also accounting for interested parties. addresses letter style; 56 ASTM F15 balloted revisions to ASTM F2933– the wide range and unique nature of • minimum text size and text 19, particularly section 7, on April 6, 2020, durable nursery products, the concerns alignment; and resulting in 97 affirmatives, 7 negatives, and 293 raised by industry representatives, and • the use of bullets, lists, outline, and abstentions (ASTM ballot F15 (20–02), item #15, CPSC staff’s recommendations Proposed Changes to ASTM F2933–19 Standard paragraph form for hazard-avoidance Consumer Safety Specification for Crib Mattresses statements. (WK 72077)). Currently, ASTM F15.66 has not 57 The ‘‘Recommended Language Approved by The Ad Hoc recommendations also resolved the negative comments, so ESHF staff has Ad Hoc Task Group Revision E,’’ dated May 28, considered the negative comments in developing 2019, documents recommendations from the ASTM include text for general labeling issues, staff’s recommended changes to the safety Ad Hoc Language task group for ASTM juvenile such as labeling permanency, and information in ASTM F2933–19. products standards. content related to manufacturer contact

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information and date of manufacture. the standard more stringent, to further 2. The mattress can be placed on top The majority of the Commission’s reduce the risk of injury associated with of a 3⁄4″ piece of plywood or OSB, which proposed modifications incorporate crib mattresses. Below we summarize is rigidly supported along the perimeter. recommendations from stakeholders the proposed modifications in the NPR. 3. An impactor with the dimensions participating in ASTM F15, but several A. Cyclic Test for Coil or Spring of the vertical impactor of ASTM proposed modifications in the NPR Lacerations F1169–19 weighing 30 lbs. shall be deviate from what has been balloted and dropped from a height of 6 inches from recommended by ASTM F15. These To further reduce the risk of infant lacerations from exposed coils and the top of the mattress surface to the modifications in the NPR are based on bottom of the impactor, 250 times in staff’s further consideration of the springs, the Commission proposes in the NPR to require a cyclic loading test for four locations (specified in Figure 1), for available data, and have not yet been all crib mattresses that use coils and a total of 1,000 cycles. Cyclic loading reviewed by ASTM. springs, as follows: rate shall be one drop every 4 ± 1 VII. Proposed Standard for Crib 1. Mattress shall be tested in an seconds. enclosed frame measuring 29 inches x Mattresses 4. At the conclusion of the cyclic 53 inches (737 mm by 1346 mm) for the loading test, the mattress shall be The Commission proposes in the NPR purpose of restricting mattress a mandatory standard for crib mattresses movement. A crib meeting the removed from the test enclosure and that incorporates by reference ASTM requirements of ASTM F1169–19 would visually inspected for exposed wires or F2933–19 with modifications to make suffice. coil springs.

B. Test for Mattress Compression From highest setting, using household textile is being applied, measure the corner gap Fitted Sheets laundering units. between the adjoining Walls C and D To further reduce the risk of injury 2. The shrunken fitted sheet shall be and the crib mattress. See Figure 1 for associated with corner gap entrapment placed fully on the mattress, such that illustration. The gap shall not exceed from compression by fitted sheets, the each sheet edge is wrapped fully around 1.75 in. Commission proposes in the NPR the and under the mattress. 3.1.1.1. Corner gap measurements following new test for full-size crib 3. The mattress, with the shrunken shall be repeated after rotating the mattresses: sheet, shall meet the Mattress mattress 180° and repositioning it in the 1. To condition the sheet for Dimension requirements in ASTM corner following sections 6.2.2.1 and compression testing, a store-bought F2933–19. 6.2.2.2 of ASTM F2933–19. fitted mattress sheet intended for the 3.1. A full-size crib mattress shall be The Commission is not aware of tested mattress size, consisting of 100 measured according to section 6.2 of the incidents related to non-full-size crib percent cotton, shall be washed in hot standard. mattresses compressing when sheets are water (50 °C [122 °F] or higher) and 3.1.1. After dimensional installed. Therefore, at this time, the dried a minimum of two times on the measurements are taken, while no force Commission is not proposing a similar

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sheet compression test for non-full-size mattresses are supplied by an OEM and modifications to the requirements for crib mattresses. However, the are equivalent to the original mattress. the safety information that accompanies Commission seeks more information on The Commission proposes in the NPR to crib mattresses, including warning whether to require the sheet clarify that the requirements in section labels, packaging, and instructions. compression test for non-full-size crib 5.9.1.3 apply to after-market mattresses, Labeling modifications include the mattresses, and whether such a test by replacing the term ‘‘replacement,’’ following: would help reduce corner gap with the word ‘‘after-market.’’ • Improved definition of entrapments in non-full-size cribs. Appendix B to Tab B of Staff’s NPR ‘‘conspicuous’’ to clarify that the Accordingly, the Commission invites Briefing Package contains a redline of warning label’s placement must make it comments regarding the applicability of the proposed changes to sections 5.7.2 visible to someone who positions the the sheet compression test for non-full- and 5.9 of ASTM F2933–19. The mattress for use; size crib mattresses and the use of Commission invites comments on this • Updated the general marking and sheets with non-full-size mattresses. proposal. Staff intends to continue to labeling requirements; • Improved warning labels and C. Dimension Requirements for After- work with ASTM to address concerns with exempting after-market, examples; Market Non-Full-Size Crib Mattresses • rectangular-shaped, non-full-size crib Re-organized and clarified the To further reduce the risk of injury mattresses from performance marking and labeling requirements for associated with after-market non-full- requirements. manufacturers, test labs, and other size crib mattresses, the Commission viewers of the standard; proposes in the NPR to require a E. Mattress Firmness Test • Added warning requirements for dimensional performance requirement To further reduce the risk of infant full-size crib mattress packaging and for all non-full-size crib mattresses. The suffocation associated with surface improved the warning requirements for Commission proposes that the current softness in crib mattresses, the packaging of after-market mattresses for performance requirements for OEM non- Commission proposes the following play yards and non-full-size cribs; and • full-size crib mattresses in section 5.7.2 mattress firmness test for all crib Added a new section on of ASTM F2933–19 be modified to mattresses within the scope of the instructional literature, which provides apply to all non-full-size crib standard, based on a test for mattress an additional medium by which to mattresses, regardless of whether the firmness in section 8 of AS/NZS communicate safe-use information. mattress is sold with a crib, and 8811.1:2013: These modifications are intended to regardless of the shape of the mattress. 1. Mark three equidistant points along further reduce the risk of death and The size and thickness requirements for the longitudinal center line, with one at serious injury associated with crib OEM non-full-size crib mattresses in the center and the other two mattresses, such as SUID related to section 5.7.2 of ASTM F2933–19 repeat equidistantly between the center and prone positioning of infants, soft the requirements for non-full-size crib the edge of the mattress. Choose one bedding in sleep areas, and hazardous mattresses in section 5.17 of ASTM more ‘‘worst-case’’ scenario test gaps between crib mattresses and F406. To preclude the size requirements location(s) where an infant’s head might product sides. The majority of the in each standard from unintentionally lie in a particularly soft spot, or an modifications incorporate diverging in the future, the Commission infant’s nose or mouth might contact a recommendations from stakeholders proposes in the NPR to revise section protrusion above the sleep surface. participating in ASTM F15, with several 5.7.2 to refer to the requirements for 2. Hold the test fixture with its base deviations based on CPSC staff’s further non-full-size crib mattresses in F406, horizontally, and rotate it so the feeler consideration of the available data, rather than repeating the same arm is aligned with the center line of the which have not yet been reviewed by requirements in F2933. sleep surface, and pointing in the same ASTM. While safety information is direction for each test; then gently set unlikely to effectively address the D. Corrections to Section 5.9 of ASTM identified hazards, these modifications F2933–19 down the fixture on one of the test locations, ensuring that the edge of the are likely to support the effectiveness of To accommodate the modification for bottom disk does not extend beyond the the proposed performance requirements, non-full-size cribs in section 5.7, the edge of the sleep surface. increase the likelihood of consumers Commission proposes in the NPR to 3. If the level indicates that the feeler understanding the hazards, and clarify remove references to after-market non- arm is approximately level when the the requirements for manufacturers, test full-size crib mattresses from section 5.9 fixture is resting on the sleep surface, labs, and other viewers of the standard. of ASTM F2933–19, such that section observe whether the feeler arm makes VIII. Proposed Amendment to 16 CFR 5.9 focuses solely upon performance any contact with the top of the sleep requirements for after-market play yard Part 1112 To Include NOR for Crib surface or cover. If the feeler arm is not Mattresses mattresses. level, decompress the mattress, allow it The Commission also notes an to settle, and start again. If the feeler The CPSA establishes certain inconsistency in the language of ASTM arm contacts the sleep surface even requirements for product certification F2933–19 section 5.9.1.3, which when the test fixture is tilted back so as and testing. Products subject to a requires that a ‘‘replacement mattress’’ to raise the feeler arm, assume that such consumer product safety rule under the for a play yard bassinet with a bassinet contact would occur had the fixture CPSA, or to a similar rule, ban, standard attachment meet certain specifications come to rest horizontally. or regulation under any other act in ASTM F2194, when tested with each 4. Repeat steps at remaining locations. enforced by the Commission, must be brand and model it is intended to certified as complying with all replace. This requirement for bassinet F. Proposed Modifications to Safety applicable CPSC-enforced requirements. mattresses appears in the section for Information 15 U.S.C. 2063(a). Certification of ‘‘after-market’’ mattresses. Section 3.1.1 As detailed in Tab C of Staff’s NPR children’s products subject to a of ASTM F2933–19 specifically exempts Briefing Package, and the Appendix to children’s product safety rule must be ‘‘replacement’’ mattresses from the term Tab C, the Commission proposes in the based on testing conducted by a CPSC- ‘‘after-market,’’ because ‘‘replacement’’ NPR to include a significant number of accepted third party conformity

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assessment body. Id. 2063(a)(2). The that manufacturers of durable infant or were not exclusive, but that the Commission must publish an NOR for toddler products establish a program for Commission should explicitly identify the accreditation of third party consumer registration of those products. the product categories that are covered. conformity assessment bodies to assess Public Law 110–314, section 104(d). The preamble to the 2009 final conformity with a children’s product Section 104(f) of the CPSIA defines consumer registration rule states: safety rule to which a children’s product the term ‘‘durable infant or toddler ‘‘Because the statute has a broad is subject. Id. 2063(a)(3). Thus, the product’’ and lists examples of such definition of a durable infant or toddler proposed rule for 16 CFR part 1241, products: product but also includes 12 specific Standard Consumer Safety (f) DEFINITION OF DURABLE INFANT OR product categories, additional items can Specification for Crib Mattresses, if TODDLER PRODUCT. As used in this and should be included in the issued as a final rule, would be a section, the term ‘‘durable infant or toddler definition, but should also be children’s product safety rule that product’’— specifically listed in the rule.’’ 74 FR requires the issuance of an NOR. (1) means a durable product intended for 68668, 68669 (Dec. 29, 2009). The Commission published a final use, or that may be reasonably expected to be This Commission proposes in the rule, Requirements Pertaining to Third used, by children under the age of 5 years; NPR to amend part 1130 to include Party Conformity Assessment Bodies, 78 and ‘‘crib mattresses,’’ as defined in ASTM FR 15836 (March 12, 2013), codified at (2) includes— F2933, including full-size crib 16 CFR part 1112 (‘‘part 1112’’) and (A) full-size cribs and non-full-size cribs; mattresses, non-full-size crib mattresses, (B) toddler beds; effective on June 10, 2013, which (C) high chairs; booster chairs, and hook- and after-market mattresses for play establishes requirements for on-chairs; yards and non-full-size cribs, as durable accreditation of third party conformity (D) bath seats; infant or toddler products. The assessment bodies to test for conformity (E) gates and other enclosures for confining Commission proposes to include ‘‘crib with a children’s product safety rule in a child; mattresses’’ as a ‘‘durable infant or accordance with section 14(a)(2) of the (F) play yards; toddler product’’ because: (1) They are CPSA. Part 1112 also codifies all of the (G) stationary activity centers; intended for use, and may be reasonably NORs issued previously by the (H) infant carriers; expected to be used, by children under Commission. (I) strollers; the age of 5 years; (2) they are products All new NORs for new children’s (J) walkers; similar to the products listed in section product safety rules, such as the crib (K) swings; and (L) bassinets and cradles. 104(f)(2) of the CPSIA; (3) they are used mattress standard, require an in conjunction with other durable infant amendment to part 1112. To meet the Public Law 110–314, section 104(f). or toddler products used for unattended requirement that the Commission issue The product categories listed in infant sleep, such as cribs, bassinets, an NOR for the crib mattress standard, section 104(f)(2) of the CPSIA represent and play yards; and (4) CPSC cannot as part of this NPR, the Commission a non-exhaustive list of durable infant fully address the risk of injury proposes to amend the existing rule that or toddler product categories, including associated with such infant sleep codifies the list of all NORs issued by infant sleep products such as cribs (full- products without addressing the the Commission to add crib mattresses size and non-full-size), toddler beds, hazards associated with the use of crib to the list of children’s product safety bassinets and cradles, and play yards. mattresses in these infant sleep rules for which the CPSC has issued an Id. 2056a(f)(2). Although crib mattresses products. NOR. are used with infant sleep products, crib Test laboratories applying for mattresses are not included in the X. Incorporation by Reference acceptance as a CPSC-accepted third statutory list of durable infant or toddler The Commission proposes to party conformity assessment body to products. incorporate by reference ASTM F2933– test to the new standard for crib In 2009, the Commission issued a rule 19, with modifications to further reduce mattresses would be required to meet implementing the consumer registration the risk of injury associated with crib the third party conformity assessment requirement. 16 CFR part 1130. As the mattresses. The Office of the Federal body accreditation requirements in part CPSIA directs, the consumer registration Register (OFR) has regulations 1112. When a laboratory meets the rule requires each manufacturer of a concerning incorporation by reference. 1 requirements as a CPSC-accepted third durable infant or toddler product to: CFR part 51. For a proposed rule, party conformity assessment body, the Provide a postage-paid consumer agencies must discuss in the preamble laboratory can apply to the CPSC to registration form with each product; of the NPR ways that the materials the have 16 CFR part 1241, Standard keep records of consumers who register agency proposes to incorporate by Consumer Safety Specification for Crib their products with the manufacturer; reference are reasonably available to Mattresses, included in the laboratory’s and permanently place the interested persons or how the agency scope of accreditation of CPSC safety manufacturer’s name and certain other worked to make the materials rules listed for the laboratory on the identifying information on the product. reasonably available. In addition, the CPSC website at: www.cpsc.gov/ When the Commission issued the preamble of the proposed rule must labsearch. consumer registration rule, the summarize the material. 1 CFR 51.5(a). Commission identified six additional In accordance with the OFR’s IX. Proposed Amendment to Definitions products as ‘‘durable infant or toddler requirements, section V of this preamble in Consumer Registration Rule products’’: summarizes the provisions of ASTM The statutory definition of ‘‘durable D Children’s folding chairs; F2933–19 that the Commission proposes infant or toddler product’’ in section D changing tables; to incorporate by reference. ASTM 104(f) applies to all of section 104 of the D infant bouncers; F2933–19 is copyrighted. By permission CPSIA. In addition to requiring the D infant bathtubs; of ASTM, the standard can be viewed as Commission to issue safety standards D bed rails; and a read-only document during the for durable infant or toddler products, D infant slings. comment period on this NPR, at: http:// section 104 of the CPSIA also directed 16 CFR 1130.2. The Commission stated www.astm.org/cpsc.htm. To download the Commission to issue a rule requiring that the specified statutory categories or print the standard, interested persons

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may purchase a copy of ASTM F2933– must describe the impact of the fewer than 1,000 employees.59 19 from ASTM, through its website proposed rule on small entities and Importers of crib mattresses are (http://www.astm.org), or by mail from identify significant alternatives that typically categorized under NAICS code ASTM International, 100 Bar Harbor accomplish the statutory objectives and 423210 (Furniture Merchant Drive, P.O. Box 0700, West minimize any significant economic Wholesalers) and SBA guidelines would Conshohocken, PA 19428. Alternatively, impact of the proposed rule on small consider them small if they have fewer interested parties may inspect a copy of entities. Specifically, the IRFA must than 100 employees. the standard at CPSC’s Division of the contain: Staff identified 26 manufacturers and Secretariat by contacting Alberta E. D A description of the reasons why importers of full-size and non-full-size Mills, Division of the Secretariat, U.S. action by the agency is being crib mattresses, and after-market play Consumer Product Safety Commission, considered; yard mattresses. A majority of the 26 4330 East-West Highway, Bethesda, MD firms have under 50 employees. Most of 20814; telephone: 301–504–7479; email: D a succinct statement of the the firms are domestic manufacturers [email protected]. objectives of, and legal basis for, the (14) or domestic importers (8). Four proposed rule; XI. Effective Date firms are foreign. Sixteen of these 26 D a description of, and where feasible, firms meet the SBA criteria for small The Administrative Procedure Act an estimate of the number of small businesses, and 10 firms would be (APA) generally requires that the entities to which the proposed rule will considered large according to the SBA effective date of a rule be at least 30 apply; criteria.60 Among the 16 small domestic days after publication of the final rule. D a description of the projected firms identified by staff, 9 were 5 U.S.C. 553(d). The Commission reporting, recordkeeping, and other manufacturers and 7 were importers. proposes a 6-month effective date for a compliance requirements of the Staff observes that annual revenue final rule on crib mattresses. Barring proposed rule, including an estimate of varies among small domestic firms, as evidence to the contrary, 6 months is the classes of small entities subject to median annual revenue is estimated at typically sufficient time for suppliers to the requirements and the type of $6,740,000, but average annual revenue come into compliance with a new professional skills necessary for the is higher at $46,037,100. standard, and this amount of time is preparation of reports or records; and Online registries are widely available typical for other CPSIA section 104 for new crib mattresses. Producers D rules. Six months is also the period that identification, to the extent supply crib mattresses to the U.S. the Juvenile Products Manufacturers possible, of all relevant federal rules market via electronic commerce Association typically allows for that may duplicate, overlap, or conflict websites, such as Amazon.com, Buy products in their certification program with the proposed rule. Buy Baby, Hayneedle, KOHL’S, to shift to a new standard once that new Additionally, the IRFA must describe Overstock, Walmart, and Wayfair. standard is published. Therefore, any significant alternatives to the According to a 2017 Statista survey of juvenile product manufacturers are proposed rule that accomplish the baby products, the majority (59 percent) accustomed to adjusting to new stated objectives of applicable statutes of respondents indicated they buy baby standards within this time. The and minimize any significant economic products mainly or exclusively online.61 Commission notes that this NPR for crib impact of the proposed rule on small Staff expects that consumers of crib mattresses contains additional testing entities. CPSC staff prepared an IRFA mattresses that do not buy online, requirements and labeling changes, and for this rulemaking which appears at purchase their mattresses in retail that the current global COVID–19 Tab F of the Staff’s NPR Briefing stores. pandemic has affected supply chains. Package. We provide a summary of the The majority of crib mattresses on the The Commission invites comments, IRFA below. market are full-size crib mattresses. Staff particularly from small businesses, B. Agency Action, NPR Objectives, estimates that 40 percent of crib regarding the amount of time they will mattresses on the market are coil/ need to come into compliance with a Product Description, and Market Description innerspring mattresses, and final rule. approximately 60 percent of crib XII. Regulatory Flexibility Act 58 An explanation of why the agency is mattresses are foam-core mattresses.62 considering issuing a mandatory rule for Among small domestic manufacturers, A. Introduction crib mattresses and a statement of the approximately 45 percent of available The Regulatory Flexibility Act (RFA) objectives of, and legal basis for, the crib mattresses are coil mattresses. requires that agencies review a proposed proposed rule, are set forth in section I Among small importers, just 25 percent rule for the rule’s potential economic of this preamble. Section II of this of available crib mattresses are impact on small entities, including preamble describes the types of crib composed of a coil core. Seventy-five small businesses. Section 603 of the mattresses within the scope of the NPR, percent of crib mattresses supplied by RFA generally requires that agencies the market for crib mattresses, and the small domestic importers of crib prepare an initial regulatory flexibility use of crib mattresses in the United mattresses consist of a foam core. Staff analysis (IRFA) and make the analysis States. identified at least three small firms that available to the public for comment only produce foam-core mattresses, when the agency publishes an NPR. 5 C. Small Entities to Which the NPR U.S.C. 603. Section 605 of the RFA Would Apply 59 The size guidelines are established by the U.S. provides that an IRFA is not required if Small Business Administration (SBA). Manufacturers of crib mattresses are the agency certifies that the rule will 60 Based on size and revenue data from Reference typically categorized under the NAICS not, if promulgated, have a significant USA and firm financial reports, websites, and press category 337910 (Mattress releases. economic impact on a substantial Manufacturing). The Small Business 61 Statista Survey of Baby Products in the U.S., number of small entities. The IRFA Administration (SBA) guidelines 2017. 62 consider mattress manufacturing Based on staff’s compiled search results of data 58 See Tab F of Staff’s NPR Briefing Package for available on the internet found March through May additional information on the RFA. establishments to be small if they have 2020.

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while the majority of small entities 1. Costs Associated With Modifying of assurance that the model complied produce a combination of both coil and Products with the requirements of the rule. Additionally, according to conformity foam-core crib mattresses. The majority of crib mattresses assessment bodies that staff contacted, currently available on the market will D. Impact of the Proposed Rule on for each mattress model to be tested, the Small Manufacturers and Importers not require extensive modification to firm will need to provide the crib or comply with the proposed rule. Staff Of the 16 small manufacturers and play yard equipment intended to be reports that the majority of crib importers identified by staff, 12 (8 used with the mattress being tested. mattresses they tested already meet the manufacturers and 4 importers) are However, to comply with ASTM F2933– performance requirements of the members of the JPMA, but staff cannot 19 and other CPSC requirements for proposed rule. We do not know the determine how many crib mattresses are children’s products, the costs of exact costs of modifying crib mattresses currently certified to ASTM F2933–19. supplying a crib, crib mattress, or play to comply with the proposed rule, Many of the firms that would be subject yard to the conformity assessment body which would vary by product model. to the draft proposed rule are known to are already borne by the producer for Modifying crib mattresses to comply produce a variety of children’s products testing under previously adopted rules with the compression standard could be that are already subject to CPSC and standards. Regardless, third-party as simple as adding a perimeter border children’s product safety rules, and testing facilities have indicated that they wire to the mattress edge or an anti-sag therefore, are familiar with such are unable to store equipment that will 63 weight distribution bar to the mattress requirements. Additionally, two firms be needed or used during testing, such structure. However, staff believes it that are not JPMA members supply as cribs or play yards, for long periods possible that a required modification products that claim to meet ASTM of time. Therefore, ensuring that all crib could be prohibitively expensive, and standards. The Commission seeks equipment needed for testing arrives at therefore, the proposed rule may result comments from small firms on the the testing lab at the appropriate time in the removal of certain crib mattresses number of mattress models they would may pose a logistical burden, even if from commerce. typically certify to the ASTM standard there is no increase in monetary costs Generally, the costs associated with annually. for freight or shipping. Manufacturers and importers of crib providing instructional materials are Additional costs of the proposed mattresses would be responsible for low on a per-unit basis. Many firms testing would include the cost of the ensuring that their products comply already provide instructions with their 100 percent cotton sheets used during with the requirements of the proposed products, but they may have to change testing.66 67 These sheets would be used rule. If a crib mattress does not comply the content or formatting of the in the proposed ‘‘Compression Test’’ for with the requirements, the instructions to comply. Likewise, the full-size crib mattresses. While the manufacturers or importers will need to cost of warning labels is generally low, number of times a sheet can be reused modify the product or cease especially if some warning labels are has not yet been determined, we assume manufacture or importation. Importers already present, and the product does one new sheet per test. The cost of one, might be able to work with their not need to be modified to 100 percent cotton, full-size crib manufacturers to supply compliant accommodate new labels. mattress sheet is approximately $10.68 mattresses and could potentially switch 2. Third Party Testing Costs Staff estimates approximately 3 out of 4 suppliers if their current supplier is crib mattresses on the market are full- If issued, a final rule would require all unwilling to supply current mattresses. size crib mattresses.69 Therefore, for a manufacturers and importers of crib Alternatively, importers might simply typical manufacturer or importer with mattresses to meet additional third- drop the noncompliant mattresses from 12 crib mattress models, 9 might be full- party testing requirements under section their product lines. size crib mattresses, and the additional 14 of the CPSA. Third-party testing Additionally, as required by section cost of one fitted sheet per full-size requirements will include any physical 14 of the CPSA and its implementing mattress would be $90, plus the testing and mechanical test requirements regulations, manufacturers and costs charged by the conformity specified in the final crib mattress rule. importers of crib mattresses would be assessment body. Based on information from a testing required to certify that their crib For a subset of mattresses, i.e., metal laboratory, the cost of testing to the mattresses comply with the coil spring crib mattresses, the proposed current version of ASTM F2933 is $200 requirements of a final rule, if issued, rule would include cyclic impact testing to $250 per sample. The additional based on the results of third party called the ‘‘Cyclic Load Test.’’ During testing that would be required by the testing by a CPSC-accepted third party the Cyclic Load Test, an impactor proposed rule would increase this cost conformity assessment body (i.e., testing weighing 30 pounds shall be dropped by $50 to $75 per sample tested. Thus, laboratory). Crib mattresses are already repetitively from above the mattress the total cost of the third-party testing subject to third party testing surface, and across four different would be $250 to $325 per sample. requirements and adoption of the locations on the mattress. As a result of Given that the average number of crib proposed rule would only augment the Cyclic Load Test, the mattress 64 65 mattress models per firm is existing testing requirements. product is rendered unusable for either approximately 12, the cost of the third- of the proposed mattress firmness or 63 Crib mattresses listed for sale on a variety of party testing could be about $3,000 to online retail websites often include product $3,900, if only one model per sample descriptions indicating that the crib mattress 66 The proposed test includes measuring the product meets CPSC general safety standards, while were required to provide a high degree mattress without a fitted sheet and with a twice- not referencing any one specific CPSC safety washed fitted sheet. standard. 65 Mattresses intended for children must be tested 67 With input from the ASTM standards 64 Manufacturers and importers of children’s at a third party test laboratory or a fire-walled organization, CPSC staff will determine the number products must certify compliance with applicable internal laboratory: https://cpsc.gov/s3fs-public/ of times a sheet can be reused. federal safety requirements in a Children’s Product pdfs/blk_media_mattress.pdf. In either case, the lab 68 Based on compiled search results of data Certificate (CPC). In most instances, testing by a would need to be CPSC-accepted to test to the available on the internet. third party CPSC-accepted laboratory must serve as standards since crib mattresses are considered to be 69 Based on a review of over 300 mattress models the basis for the production of the CPC. primarily intended for children 12 and under. available for sale on the internet.

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compression tests. Under cyclic load entities. However, we request comments 3. Delay the Effective Date of the testing, the mattress product could be on the costs of the proposed rule, or Requirements misshapen, deformed, or otherwise impediments to modifying existing crib Typically, the Commission proposes destroyed, and wire coils may protrude mattress products to conform to the an effective date of 6 months for durable from the mattress surface. proposed rule, especially those that nursery product rules. Six months is Approximately 40 percent of crib would result in the removal of the generally considered sufficient time for mattresses available for sale are metal mattress product from the market and suppliers to come into compliance with spring coil mattresses. The average cost other impacts of the draft proposed rule a proposed durable infant or toddler of a crib mattress available for sale in on small manufacturers and importers. product rule, unless specific the United States is $150,70 and on E. Other Federal Rules That May circumstances evince the need for a average, the typical manufacturer or longer effective date. Additionally, 6 importer of crib mattresses tests 12 Duplicate, Overlap, or Conflict With the Draft Proposed Rule months from the change in a voluntary models annually. Therefore, the cost to standard is the time frame that JPMA the typical small firm of the destroyed CPSC staff did not identify any other uses for its certification program, so mattresses would amount to 40 percent federal rules that duplicate, overlap, or compliant manufacturers are used to a of $1,800 (12 models × $150), or conflict with the proposed rule. 6-month time frame to comply with a approximately $720, as a result of the modified standard. The Commission proposed Cyclic Load Test. F. Alternatives Considered To Reduce proposes a 6-month effective date for a Based on the foregoing, for a typical the Impact on Small Entities final rule on crib mattresses. manufacturer or importer with 12 crib One alternative the Commission will mattress models that requires only one The Commission considered the consider to reduce the impact of a test per model to provide a high degree following alternatives to the proposed mandatory rule on small firms is to set of assurance, the full cost of third party rule to reduce the impact on small an effective date later than 6 months. testing will be approximately $3,000 to businesses. The Commission requests Implementing a later effective date $3,900, plus $90 in costs for fitted-sheet comments on these alternatives or other could mitigate the effects of the rule on testing materials, and $720 for the cost alternatives that could reduce the small businesses. For businesses that of used test mattresses, for a total of potential burden on small entities. would choose to exit the crib mattress $3,810 to $4,710 or an average of $318 market, or discontinue certain crib to $393 per model. 1. Adopt ASTM F2933–19 Without Modification mattress models currently in production 3. Summary of Impacts (rather than produce conforming Generally, based on Small Business The Commission considered products), such a delay might provide Administration guidelines, CPSC proposing to incorporate by reference them with more time to adjust considers impacts that exceed one ASTM F2933–19, without any marketing towards other product percent of a firm’s revenue to be modifications, and to direct staff to offerings, sell inventory, or consider potentially significant. The lowest work with ASTM to improve test alternative business opportunities. The reported annual revenue for any small methods and the firmness of crib Commission requests comments on the domestic firm producing fewer than mattresses in a future revision of the proposed 6-month effective date. four crib mattress models was $1.36 voluntary standard. This alternative 4. Not Issue a Mandatory Standard million. One percent of annual revenue could reduce the impact of the rule on for the firm is $13,600 ($1,360,000 × small businesses, but, according to Another option available to the 0.01). Consequently, if the costs of CPSC staff, the reduction would not be Commission that would reduce the modifying their mattresses to comply expected to be very significant. As burden on small firms is not to adopt a with the standard exceeded $13,600, the discussed in the IRFA analysis in Tab F mandatory standard for crib mattresses. rule could have a significant impact on of Staff’s NPR Briefing Package, and in Although this option would eliminate some small firms. This would include this preamble, many crib mattresses the cost impacts of complying with the the costs of modifying noncompliant probably already comply with the proposed rule, failure to issue a mattresses to comply with the proposed standard. The additional mandatory standard for crib mattresses requirements, the loss of revenue that testing costs associated with the would not adequately address the results from removing noncompliant modifications to ASTM F2933–19 in the hazard patterns for crib mattresses, mattresses from their product line, and proposed rule would only increase the especially for hazard patterns that are the cost of third-party testing. For testing costs by $50 to $75 per sample. not adequately addressed in the manufacturers or importers with greater Moreover, adopting ASTM F2933–19 voluntary standard. revenue, the impact of the proposed without modification would not address G. IRFA Conclusion would have to be higher than this for all of the identified hazard patterns CPSC staff evaluated the possible the impact to be considered significant. associated with crib mattresses. impacts of the proposed rule on small Given that a substantial number of entities, as required by the RFA. Staff mattresses already comply with the 2. Small Batch Exemption identified 26 manufacturers and requirements of the proposed rule, and Under Section 14(d)(4)(C)(ii) of the importers of mattress products, 16 of some of the testing costs are already CPSA, the Commission cannot ‘‘provide which would be considered small being borne by firms that certify to the any alternative requirements or businesses (9 manufacturers and 7 current voluntary standard, the exemption’’ from third party testing for importers). The potential impacts Commission considers it unlikely that ‘‘durable infant or toddler products,’’ as include the costs of modifying the rule would have a significant impact defined in section 104(f) of the mattresses to conform to the on a substantial number of small Consumer Product Safety Improvement requirements, the lost revenue if some Act of 2008. Consequently, the models are discontinued, and the costs 70 Price estimated from data available on the internet, collected between January 2020 and June Commission cannot create a small batch associated with the third-party testing. 2020. exemption absent a statutory change. The Commission believes it possible

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that the proposed rule could have a have ‘‘little or no potential for affecting response to the collection of significant impact on some small firms, the human environment,’’ and therefore information; but cannot estimate how many. do not require an environmental D an estimate of the burden that shall However, the Commission believes it assessment or an environmental impact result from the collection of unlikely that the proposed rule would statement. Safety standards providing information; and have a significant impact on a requirements for products come under D notice that comments may be substantial number of small entities. this categorical exclusion. 16 CFR submitted to the OMB. The Commission considered several 1021.5(c)(1). The NPR for crib Title: Safety Standard for Crib staff-identified alternatives to the mattresses falls within the categorical Mattresses. proposed rule, to reduce any adverse exclusion. Description: The proposed rule would impact on small firms. The Commission require each crib mattress within the XIV. Paperwork Reduction Act concludes that each of these alternatives scope of the rule to comply with ASTM would provide limited relief, or is not This proposed rule for crib mattresses F2933–19, Standard Consumer Safety available due to statutory limitations. contains information collection Specification for Crib Mattresses, The Commission invites comments, requirements that are subject to public including the proposed additional particularly from small businesses, on comment and review by the Office of requirements summarized in section VII the cost of making necessary Management and Budget (‘‘OMB’’) of this preamble. Section 7 of ASTM modifications to noncomplying crib under the Paperwork Reduction Act of F2933–19, and a proposed new section mattress models to comply with the 1995 (44 U.S.C. 3501–3521). In this 8 in the NPR, contain requirements for proposed rule, and alternatives that document, pursuant to 44 U.S.C. marking, labeling, and instructional could reduce the burden on small 3507(a)(1)(D), we set forth: literature. These requirements fall businesses. D A title for the collection of within the definition of ‘‘collection of information; information,’’ as defined in 44 U.S.C. XIII. Environmental Considerations D a summary of the collection of 3502(3). The Commission’s regulations address information; Description of Respondents: Persons whether the agency is required to D a brief description of the need for who manufacture or import crib prepare an environmental assessment or the information and the proposed use of mattresses. an environmental impact statement. the information; Estimated Burden: We estimate the Under these regulations, certain D a description of the likely burden of this collection of information categories of CPSC actions normally respondents and proposed frequency of as follows:

TABLE 8—ESTIMATED ANNUAL REPORTING BURDEN

Total 16 CFR section Number of Frequency of annual Hours per Total burden respondents responses responses response hours

1241.2(a), (b) ...... 26 12 312 1 312

Our estimate is based on the these entities may need to make some operating, maintenance, or capital costs following: modifications to existing product labels. are associated with the collection. The Commission proposes in the NPR We estimate that the time required to The NPR also proposes a new section modifications to section 7 of ASTM make these modifications is about 1 8 that would require instructions to be 2933–19, and a new section 8 on hour per model. Based on an evaluation supplied with the crib mattress. The instructional literature, to bring the of supplier product lines, each entity instructions would be required to: (a) Be standard into alignment with other supplies an average of 12 models of crib easy to read and understand; (b) include safety standards for durable infant or mattresses; 71 therefore, the estimated information regarding assembly, toddler products. For example, in burden associated with labels is 1 hour maintenance, cleaning, and use, where addition to improved warning format per model × 26 entities × 12 models per applicable; and (c) address the same and content, proposed modifications to entity = 312 hours. We estimate the warning and safety-related statements that must appear on the product, with section 7.1.1 of ASTM F2933–19 would hourly compensation for the time similar formatting requirements, but require that the name and the place of required to create and update labels is without the need to be in color. Under business (city, state, and mailing $32.74 (U.S. Bureau of Labor Statistics, address, including zip code) or the OMB’s regulations (5 CFR ‘‘Employer Costs for Employee telephone number of the manufacturer, 1320.3(b)(2)), the time, effort, and Compensation,’’ March 2020, total distributor, or seller be marked clearly financial resources necessary to comply compensation for all sales and office and legibly on each product and its with a collection of information that workers in goods-producing private retail package. Proposed modifications would be incurred by persons in the to section 7.1.2 of ASTM F2933–19 industries: http://www.bls.gov/ncs/). ‘‘normal course of their activities’’ are would also require a code mark or other Therefore, the estimated annual cost to excluded from a burden estimate, where means that identifies the date (month industry associated with the labeling an agency demonstrates that the requirements is $10,214.88 ($32.74 per disclosure activities required to comply and year, as a minimum) of × manufacture. Proposed modifications to hour 312 hours = $10,214.88). No are ‘‘usual and customary.’’ Based on section 7.2 of ASTM F2933–19 would staff’s review of product information require marking and labeling on the 71 This number was derived during the market online, approximately 80 percent of research phase of the initial regulatory flexibility product to be permanent. analysis by dividing the total number of crib firms that supply cribs to the crib Twenty-six known entities supply mattresses supplied by all crib mattress suppliers mattress market already provide crib mattresses to the U.S. market and by the total number of crib mattress suppliers. instructional literature to consumers for

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products intended for use by children. exemption from this preemption under PART 1112—REQUIREMENTS All of the firms which supply crib certain circumstances. Section 104(b) of PERTAINING TO THIRD PARTY mattresses already provide customer the CPSIA refers to the rules to be CONFORMITY ASSESSMENT BODIES support for use of their children’s issued under that section as ‘‘consumer products. Therefore, we tentatively product safety rules.’’ Therefore, the ■ 1. The authority citation for part 1112 estimate that no burden hours are preemption provision of section 26(a) of continues to read as follows: associated with the proposed section 8 the CPSA would apply to a rule issued Authority: 15 U.S.C. 2063; Pub. L. 110– of ASTM F2933–19, because any burden under section 104. 314, section 3, 122 Stat. 3016, 3017 (2008). associated with supplying instructions XVI. Request for Comments ■ 2. Amend § 1112.15 by adding with crib mattresses would be ‘‘usual paragraph (b)(51) to read as follows: and customary’’ and not within the This Commission proposes a rule definition of ‘‘burden’’ under the OMB’s under section 104(b) of the CPSIA to § 1112.15 When can a third party regulations. issue a consumer product safety conformity assessment body apply for Based on this analysis, the proposed standard for crib mattresses, to amend CPSC acceptance for a particular CPSC rule standard for crib mattresses would part 1112 to add crib mattresses to the and/or test method? impose a burden to industry of 312 list of children’s product safety rules for * * * * * hours at a cost of $10,214.88 annually. which the CPSC has issued an NOR, and (b) * * * In compliance with the Paperwork to amend part 1130 to identify crib (51) 16 CFR part 1241, Safety Reduction Act of 1995 (44 U.S.C. mattresses as a durable infant or toddler Standard for Crib Mattresses. 3507(d)), we have submitted the product subject to CPSC consumer * * * * * information collection requirements of registration requirements. The ■ 3. The authority citation for part 1130 this rule to the OMB for review. Commission requests comments on the continues to read as follows: Interested persons are requested to proposal to incorporate by reference Authority: 15 U.S.C. 2056a, 2056(b). submit comments regarding information ASTM F2933–19, with modifications to collection by November 25, 2020, to the address mattress firmness, mattress ■ 4. Amend § 1130.2 by adding Office of Information and Regulatory compression, lacerations from coils and paragraph (a)(19) to read as follows: Affairs, OMB (see the ADDRESSES section springs, dimensional requirements for PART 1130—REQUIREMENTS FOR at the beginning of this document). non-full-size cribs, and improve CONSUMER REGISTRATION OF Pursuant to 44 U.S.C. 3506(c)(2)(A), warnings and instructions. The DURABLE INFANT OR TODDLER we invite comments on: Commission also requests comments on PRODUCTS D Whether the collection of the proposed effective date; the costs of information is necessary for the proper compliance with, and testing to, the § 1130.2 Definitions. performance of the CPSC’s functions, proposed Safety Standard for Crib including whether the information will * * * * * Mattresses; and any aspect of this (a) * * * have practical utility; proposal. During the comment period, (19) Crib mattresses. D the accuracy of the CPSC’s estimate the ASTM F2933–19 Standard * * * * * of the burden of the proposed collection Consumer Safety Specification for Crib ■ 5. Add part 1241 to read as follows: of information, including the validity of Mattresses, is available as a read-only the methodology and assumptions used; document at: http://www.astm.org/ D ways to enhance the quality, utility, PART 1241—SAFETY STANDARD FOR cpsc.htm. CRIB MATTRESSES and clarity of the information to be Comments should be submitted in collected; accordance with the instructions in the Sec. D ways to reduce the burden of the ADDRESSES section at the beginning of 1241.1 Scope. collection of information on this document. 1241.2 Requirements for crib mattresses. respondents, including the use of Authority: Sec. 104, Pub. L. 110–314, 122 automated collection techniques, when List of Subjects Stat. 3016 (15 U.S.C. 2056a); Sec. 3, Pub. L. appropriate, and other forms of 16 CFR Part 1112 112–28, 125 Stat. 273. information technology; and D the estimated burden hours Administrative practice and § 1241.1 Scope. associated with label modification, procedure, Audit, Consumer protection, This part establishes a consumer including any alternative estimates. Reporting and recordkeeping product safety standard for crib requirements, Third party conformity XV. Preemption mattresses. The scope of this standard assessment body. for crib mattresses includes all crib Section 26(a) of the CPSA, 15 U.S.C. 16 CFR Part 1130 mattresses within the scope of ASTM 2075(a), states that when a consumer F2933, Standard Consumer Safety product safety standard is in effect and Administrative practice and Specification for Crib Mattresses, applies to a product, no state or political procedure, Business and industry, including: Full-size crib mattresses, subdivision of a state may either Consumer protection, Reporting and non-full-size crib mattresses, and after- establish or continue in effect a standard recordkeeping requirements. market mattresses for play yards and or regulation that prescribes 16 CFR Part 1241 non-full-size cribs. requirements for the performance, composition, contents, design, finish, Consumer protection, Imports, § 1241.2 Requirements for crib mattresses. construction, packaging, or labeling of Incorporation by reference, Infants and (a) Except as provided in paragraph such product dealing with the same risk children, Labeling, Law enforcement, (b) of this section, each crib mattress of injury unless the state requirement is and Mattresses. must comply with all applicable identical to the federal standard. Section For the reasons discussed in the provisions of ASTM F2933–19, 26(c) of the CPSA also provides that preamble, the Commission proposes to Standard Consumer Safety Specification states or political subdivisions of states amend Title 16 of the Code of Federal for Crib Mattresses (approved on June may apply to the Commission for an Regulations as follows: 15, 2019). The Director of the Federal

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Register approves this incorporation by crib’’ and shall meet the specifications measuring box at the corner adjoining reference in accordance with 5 U.S.C. of Mattresses for Rigid sided products in Walls C and D after the dimensions of 552(a) and 1 CFR part 51. You may Consumer Safety Specification ASTM the mattress have been recorded. The obtain a copy from ASTM International, F406, when tested to the equivalent mattress shall not be moved before or 100 Bar Harbor Drive, P.O. Box 0700, interior dimension of the product for during measurement. This shall be the West Conshohocken, PA 19428; http:// which it is intended to be used. corner gap measurement. www.astm.org/cpsc.htm. Once (5) In section 5.9 of ASTM F2933–19, (ii) 6.2.3.6 Rotate the mattress 180° incorporated by reference, you may remove the term ‘‘and Non-Full Size such that the opposing corner is review a read-only copy of ASTM Crib.’’ adjacent to Walls C and D, then repeat F2933–19 at http://www.astm.org/ (6) In section 5.9.1 of ASTM F2933– 6.2.3.2 and 6.2.3.5. READINGROOM/. You may also inspect 19, replace the term ‘‘For Mesh/Fabric (iii) 6.2.3.7 The test mattress sheet a copy at the Division of the Secretariat, Sided Products and Rigid Sided Non- shall be placed on the mattress such that U.S. Consumer Product Safety Rectangular Products’’ with ‘‘For Mesh/ each sheet edge is wrapped fully around Commission, Room 820, 4330 East-West Fabric Sided Play Yard Products.’’ and under the mattress. Highway, Bethesda, MD 20814, (7) In section 5.9.1.2 of ASTM F2933– (iv) 6.2.3.8 The mattress with test telephone 301–504–7923, or at the 19, remove the term ‘‘Mattresses for mattress sheet shall be measured National Archives and Records Rigid sided products;’’. following steps 6.2.3.1 through 6.2.3.6. Administration (NARA). For (8) In section 5.9.1.3 of ASTM F2933– The mattress dimensions shall meet the information on the availability of this 19, replace the term ‘‘replacement’’ with requirements in 5.7. material at NARA, call 202–741–6030, ‘‘after-market.’’ (19) Add the following paragraphs as or go to: http://www.archives.gov/ (9) Add the following paragraphs to section 6.3 of ASTM F2933–19. federal_register/code_of_ section 5 of ASTM F2933–19: (i) 6.3 Mattress Firmness. federalregulations/ibr_locations.html. (i) 5.10 Mattress Firmness. (ii) 6.3.1 Test Fixture: (b) Comply with ASTM F2933–19 (ii) 5.10.1 All crib mattresses within (iii) 6.3.1.1 The fixture, as shown in with the following additions or the scope of this standard, when tested Fig. 2, shall be a rigid, robust object exclusions: in accordance with 6.3, the feeler arm with a round footprint of diameter 203 (1) Instead of complying with section shall not contact the sleep surface of the ±1 mm, and an overall mass of 5200 ±20 3.1.2 of ASTM F2933–19, comply with crib mattress. g. The lower edge of the fixture shall the following: (iii) 5.11 Coil Springs. have a radius not larger than 1 mm. (iv) 5.11.1 When tested in (i) 3.1.2 Conspicuous, adj—visible Overhanging the footprint by 40 ±2 mm accordance with 6.4, there shall be no while the mattress is being placed in its shall be a flexible, flat bar of width 12 exposed coil springs or metal wires. The intended use position. ±0.2 mm with square-cut ends. This bar requirements in this section only (ii) [Reserved] may be fashioned from a shortened (2) Add the following paragraph to pertain to crib mattresses with coil hacksaw blade. The bar shall rest section 3.1 of ASTM F2933–19: springs. parallel to the bottom surface of the (i) 3.1.11 Sleep surface—The (10) Renumber section 6.2.2 of ASTM fixture and shall be positioned at a product component, or group of F2933–19 to 6.2.3. height of 15 ±0.2 mm above the bottom components, providing the horizontal (11) Add the following paragraph to surface of the fixture. The bar shall lay plane, or nearly horizontal plane (≤10°), section 6.2.2 of ASTM F2933–19: directly over a radial axis of the intended to support an infant during (i) 6.2.2 Test Equipment-Mattress footprint (i.e., such that a longitudinal sleep. Sheet: (ii) [Reserved] (ii) [Reserved] centerline of the bar would pass over (3) Instead of complying with section (12) Renumber section 6.2.2.1 of the center of the footprint). 5.7.1.1 of ASTM F2933–19, comply with ASTM F2933–19 to 6.2.3.1. (iv) 6.3.1.2 Included on the fixture, the following: (13) Add the following paragraph to but not overhanging the footprint, shall (i) 5.7.1.1 Mattress Size—The section 6.2.2.1 of ASTM F2933–19: be a linear level that is positioned on a dimensions of a full-size crib mattress (i) 6.2.2.1 The mattress sheet shall plane parallel to the bar, and in a shall measure at least 271⁄4 in. (690 mm) be 100% cotton and fitted for the direction parallel to the bar. wide and 515⁄8 in. (1310 mm) long. mattress to be tested. (v) 6.3.1.3 Other parts of the fixture, When the mattress is placed against the (ii) [Reserved] including any handle arrangement and perimeter and in the corner of the crib, (14) Renumber section 6.2.2.2 of any clamping arrangement for the bar, the corner gap shall not exceed 1.75 in. ASTM F2933–19 to 6.2.3.2. shall not comprise more that 30% of the (44.5 mm). Dimensions shall be tested (15) Add the following paragraph to total mass of the fixture, and shall be in accordance with 6.2. section 6.2.2.2 of ASTM F2933–19: mounted as concentric and as low as (ii) [Reserved] (i) 6.2.2.2 The mattress sheet shall possible. (4) Instead of complying with section be washed in hot water (50 °C [122 °F] (vi) 6.3.2 Test Method: 5.7.2.1 and 5.7.2.2 of ASTM F2933–19, or higher) and dried a minimum of two (vii) 6.3.2.1 Mattresses that are comply with the following: times on the highest setting using supplied with a product shall be tested (i) 5.7.2.1 Mattress supplied with a household textile laundering units. This when positioned on that product. non-full-size crib: Shall meet the shall be the test mattress sheet. Mattresses sold independent of a specifications of Mattresses for Rigid (ii) [Reserved] product, shall be tested on a flat, rigid, sided products of Consumer Safety (16) Renumber section 6.2.2.3 of horizontal support. After-market Specification ASTM F406 when tested ASTM F2933–19 to 6.2.3.3. mattresses for play yards and non-full- with the non-full-size crib product with (17) Renumber section 6.2.2.4 of size cribs shall be tested with each which it is supplied. ASTM F2933–19 to 6.2.3.4. brand and model of product it is (ii) 5.7.2.2 After-market mattresses (18) Add the following paragraphs to intended to replace. for non-full-size cribs: Shall be treated section 6.2.3 of ASTM F2933–19: (viii) 6.3.2.2 Where a user of a as though the mattresses were ‘‘the (i) 6.2.3.5 Measure the shortest gap mattress could possibly position either mattress supplied with a non-full-size between the mattress and the mattress side face up, even if this is not an

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intended use, then both sides of the horizontal as possible, using the level to (vii) 6.4.2.4 An enclosed frame mattress shall be tested. verify. If the bar makes contact with the measuring 29 inches by 53 inches (737 (ix) 6.3.2.3 Before testing each top of the mattress sleep surface, even mm by 1346 mm) for the purpose of mattress, the following steps shall be slightly, the mattress is considered to restricting mattress movement. When followed: have failed the test. testing full-size mattresses, a full-size (A) Verify there is no excess moisture (C) Repeat Steps (1) and (2) and at the crib meeting the requirements of ASTM in the mattress, beyond reasonable remaining locations identified in F1169–19 would suffice. laboratory humidity levels. 6.3.2.1(6). (viii) 6.4.2.5 A 3⁄4″ piece of plywood (B) Allow sufficient time per the (D) Repeat Steps (1) and (2) at a or OSB that is rigidly supported along manufacturer’s instructions to fully location away from the centerline most the perimeter. inflate, if shipped in a vacuum sealed likely to fail (e.g., a very soft spot on the (ix) 6.4.3 Test Method: package. sleep surface or at a raised portion of the (C) Shake and or agitate the mattress sleep surface). In the case of testing a (x) 6.4.3.1 Place the mattress on the in order to fully aerate and distribute all raised portion of a sleep surface, wooden support and inside the enclosed internal components evenly. position center of the fixture such that frame. (D) Place the mattress in the the bar is over the raised portion, to (xi) 6.4.3.2 Position geometric center manufacturer’s recommended use simulate the position of an infant’s nose. of the impact mass above the geometric position if there is one, in the supplied (E) In the event that the fixture is not center of the test mattress. product, or on a flat, rigid, horizontal resting in a nearly horizontal (xii) 6.4.3.3 Adjust the distance support. orientation, repeat the test procedure at between the top surface of the mattress (E) Let the mattress rest for at least 5 that location by beginning again from and bottom surface of the impact mass minutes. paragraph (b)(19)(x)(A). However, if the to 6 in. (150 mm) (using the 6-in. (150- (F) Mark a longitudinal centerline on test produces a fail even with the device mm) long gauge, per 6.4.2.3) when the the mattress sleep surface, and divide tilted back away from the bar so as to impact mass is in its highest position. this line in half. This point will be the raise it, then a fail can be recorded. Lock the impactor mechanism at this first test location. Then further divide (20) Add the following paragraphs as height and do not adjust the height the two lines on either side of the first section 6.4 of ASTM F2933–19: during impacting to compensate for any test location into halves. These will be (i) 6.4 Coil Spring Test. change in distance as a result of the the second and third test locations. (ii) 6.4.1 General—This test consists mattress compressing or the mattress (x) 6.3.2.4. of dropping a specified weight support deforming or moving during (A) Position the test fixture on each of repeatedly onto the mattress. The test impacting. the test locations, with the footprint of assists in evaluating the structural (xiii) 6.4.3.4 Allow the 30-lb (13.6- the fixture centered on the location, integrity of a mattress with coil springs. kg) impact mass to fall freely 250 times with the bar extending over the (iii) 6.4.2 Test Fixture: at the rate of one impact every 4 s. Load centerline and always pointing at the (iv) 6.4.2.1 A guided free-fall retraction shall not begin until at least same end of the mattress sleep surface. impacting system machine (which keeps 2 s after the start of the drop. (B) At each test location in turn, rotate the upper surface of the impact mass the bar to point in the required parallel to the horizontal surface on (xiv) 6.4.3.5 Repeat the step direction, and gently set the fixture which the crib is secured) (See Fig. 3). described in 6.4.3.4 at the other test down on the mattress sleep surface, (v) 6.4.2.2 A 30-lb (13.6-kg) impact locations shown in Fig. 6. ensuring that the footprint of the fixture mass (see Fig. 4 and Fig. 5). (21) Add the following Figures to does not extend beyond the edge of the (vi) 6.4.2.3 A 6-in. (150-mm) long section 6 of ASTM F2933–19: mattress. The fixture shall be placed as gauge. BILLING CODE 6355–01–P

72 Reprinted with permission, from ASTM F1169–19 Standard Consumer Safety Specification for Full-Size Baby Cribs, copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the complete standard may be obtained from ASTM International, www.astm.org.

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BILLING CODE 6355–01–C

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(22) Instead of complying with (xi) Note 4—For improved warning side walls. If a gap is larger than lll, sections 7.1 and 7.2 of ASTM F2933–19, readability, typefaces with large height- the mattress does not fit—do not use it. comply with the following: to-width ratios, which are commonly (iii) Renumber section 7.3.1 of ASTM (i) 7.1 Each mattress and its retail identified as ‘‘condensed,’’ F2933–19 to section 7.5.1. package shall be marked or labeled ‘‘compressed,’’ ‘‘narrow,’’ or similar (iv) In section 7.5.1, replace the clearly and legibly to indicate the should be avoided. reference to ‘‘7.3’’ with a reference to following: (xii) 7.4.6 Message Panel Text ‘‘7.5.’’ (ii) 7.1.1 The name, place of Layout: (v) In section 7.5.1, replace the term business (city, state, and mailing (xiii) 7.4.6.1 The text shall be left ‘‘Only use’’ with the term ‘‘USE ONLY.’’ address, including zip code), and aligned, ragged right for all but one-line (vi) Renumber section 7.3.2 of ASTM telephone number of the manufacturer, text messages, which can be left aligned F2933–19 to section 7.5.2. distributor, or seller. or centered. (vii) In section 7.5.2, replace the term (iii) 7.1.2 A code mark or other (xiv) Note 5—Left aligned means that ‘‘For non-full-size crib mattresses’’ with means that identifies the date (month the text is aligned along the left margin, the term ‘‘For non-full-size crib and year at a minimum) of manufacture. and, in the case of multiple columns of mattresses and after-market mattresses (iv) 7.2 The marking and labeling on text, along the left side of each for play yards and non-full-size cribs.’’ the product shall be permanent. individual column. Please see FIG. 7 for (viii) In section 7.5.2, replace the (23) Do not comply with sections examples of left aligned text. reference to ‘‘7.3’’ with a reference to 7.2.1, 7.2.2, 7.2.2.1, 7.2.2.2, and 7.2.2.3 (xv) 7.4.6.2 The text in each column ‘‘7.5.’’ of ASTM F2933–19. needs to be arranged in list or outline (ix) In section 7.5.2, replace the term (24) Instead of complying with format, with precautionary (hazard ‘‘Only use’’ with the term ‘‘USE ONLY.’’ sections 7.3, 7.3.1, 7.3.2, and 7.3.3 of avoidance) statements preceded by (x) Renumber section 7.3.3 of ASTM ASTM F2933–19, comply with the bullet points. Multiple precautionary F2933–19 to section 7.5.3. following: statements shall be separated by bullet (xi) In section 7.5.3, replace the term (i) 7.3 Any upholstery labeling points if paragraph formatting is used. ‘‘Additional manufacturers warnings required by law shall not be used to (xvi) 7.4.7 Example warnings in the may be included between the warnings meet the requirements of this section. format described in this section are specified in 7.3 and 7.4 if desired’’ with (ii) [Reserved] shown in FIGS. 8, 9, and 10. ‘‘Manufacturers are permitted to include (25) Instead of complying with (26) Instead of complying with additional warnings between the sections 7.4 and 7.4.1 of ASTM F2933– sections 7.5, 7.5.1, 7.5.2, 7.5.3, 7.5.3.1, warnings specified in 7.5 and 7.6 if 19, comply with the following: and 7.5.3.2 of ASTM F2933–19, comply desired.’’ (i) 7.4 Warning Design for (27) Instead of complying with with the following: Mattresses: sections 7.6, 7.6.1, 7.6.1.1, 7.6.1.2, or 7.7 (i) 7.5 Warning Statements—Each (ii) 7.4.1 The warnings shall be easy of ASTM F 2933–19, comply with the mattress shall have warning statements to read and understand and be in the following: to address the following, at a minimum, English language at a minimum. (i) 7.6 The following warning unless otherwise specified. The blank in (iii) 7.4.2 Any marking or labeling statement shall be included exactly as the mattress fit statement beginning provided in addition to those required stated in this paragraph (b)(27)(i) and with ‘‘If a gap is larger than,’’ needs to by this section shall not contradict or shall be located at the bottom of the be filled with ‘‘13⁄8 in. (3.5 cm)’’ for full- confuse the meaning of the required warnings on each mattress: information, or be otherwise misleading size crib mattresses and ‘‘1 in. (2.5 cm)’’ DO NOT remove these important to the consumer. for all other mattresses. safety warnings. (iv) 7.4.3 The warnings shall be (ii) Note 6—Address means that (ii) 7.7 Additional Marking and conspicuous and permanent. verbiage other than what is shown can Warnings for After-Market Mattresses (v) 7.4.4 The warnings shall conform be used as long as the meaning is the for Play Yards and Non-Full-Size to ANSI Z535.4—2011, American same or information that is product- Cribs—The mattress shall have: National Standard for Product Safety specific is presented. (iii) 7.7.1 All warnings added by the Signs and Labels, sections 6.1–6.4, 7.2– SIDS AND SUFFOCATION HAZARDS original manufacturer which are in 7.6.3, and 8.1, with the following addition to those required by this changes. ALWAYS place baby on back to sleep standard. (vi) 7.4.4.1 In sections 6.2.2, 7.3, 7.5, to reduce the risks of SIDS and (iv) 7.7.2 Assembly/attachment and 8.1.2, replace ‘‘should’’ with suffocation. instructions that were provided on the Babies have suffocated: ‘‘shall.’’ • original mattress. (vii) 7.4.4.2 In section 7.6.3, replace On pillows, comforters, and extra (v) 7.7.3 The specific brand(s) and ‘‘should (when feasible)’’ with ‘‘shall.’’ padding • model(s) number(s) of the product(s) in (viii) 7.4.4.3 Strike the word in gaps between a wrong-size which it is intended to be used. ‘‘safety’’ when used immediately before mattress, or extra padding, and side (vi) 7.7.4 For Rigid Sided a color (e.g., replace ‘‘safety white’’ with walls of product. Rectangular Products—the following ‘‘white’’). NEVER add soft bedding, padding, or statement shall appear exactly as stated (ix) Note 3—For reference, ANSI an extra mattress. in this paragraph (b)(27)(vi) (the blanks Z535.1 provides a system for specifying USE ONLY one mattress at a time. are to be filled in as appropriate). safety colors. DO NOT cover the faces or heads of This mattress measures lll long, (x) 7.4.5 The safety alert symbol babies with a blanket or over-bundle lll wide, and lll thick when ‘‘[Safety Alert Symbol]’’ and the signal them. Overheating can increase the risk measured from seam to seam. word ‘‘WARNING’’ shall be at least 0.2 of SIDS. (28) Add the following paragraphs as in. (5 mm) high. The remainder of the ALWAYS check mattress fit every section 7.8 of ASTM F2933–19: text shall be in characters whose upper time you change the sheets, by pushing (i) 7.8 Package Warnings. case shall be at least 0.1 in. (2.5 mm), mattress tight to one corner. Look for (ii) 7.8.1 The warnings and except where otherwise specified. any gaps between the mattress and the statements are not required on the retail

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package if they are on the mattress and (iii) 7.8.2 Warning Statements—Each (v) 7.8.2.2 All additional markings are visible in their entirety through the mattress’ retail package shall have and warnings included in section 7.7, as retail package. Cartons and other statements to address the following, at applicable. materials used exclusively for shipping a minimum. (29) Add the following figures to the mattress are not considered retail (iv) 7.8.2.1 All warnings included in section 7 of ASTM F2933–19: packaging. section 7.5, as applicable. BILLING CODE 6355–01–P

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BILLING CODE 6355–01–C (v) 8.2.2 All additional markings and (viii) 8.4 Any instructions provided (30) Renumber section 8 of ASTM warnings included in section 7.7, as in addition to those required by this F2933–19 to section 9. applicable. section shall not contradict or confuse (vi) 8.3 The warnings in the (31) Add the following paragraphs to the meaning of the required instructions shall meet the requirements section 8 of ASTM F2933–19: information, or be otherwise misleading specified in 7.4.4, 7.4.5, and 7.4.6, to the consumer. (i) 8. Instructional Literature. except that sections 6.4 and 7.2–7.6.3 of (ix) Note 8—For additional guidance (ii) 8.1 Instructions shall be ANSI Z535.4 need not be applied. provided with the mattress and shall be However, the signal word and safety on the design of warnings for easy to read and understand, and shall alert symbol shall contrast with the instructional literature, please refer to be in the English language, at a background of the signal word panel, ANSI Z535.6, American National minimum. These instructions shall and the cautions and warnings shall Standard: Product Safety Information in include information on assembly, contrast with the background of the Product Manuals, Instructions, and maintenance, cleaning, and use, where instructional literature. Other Collateral Materials. applicable. (vii) Note 7—For example, the signal word, safety alert symbol, and the Alberta E. Mills, (iii) 8.2 The instructions shall have warnings may be black letters on a Secretary, Consumer Product Safety statements to address the following, at white background, white letters on a Commission. a minimum. black background, navy blue letters on [FR Doc. 2020–22558 Filed 10–23–20; 8:45 am] (iv) 8.2.1 All warnings included in an off-white background, or some other BILLING CODE 6355–01–P section 7.5, as applicable. high-contrast combination.

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