67906 Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules 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 Mattresses 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 mattress 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 mattress pad 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. VerDate Sep<11>2014 18:28 Oct 23, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP3.SGM 26OCP3 Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules 67907 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: Sleep 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