[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Proposed Rules]
[Pages 65996-66000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31834]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1508 and 1509


Amendments to Requirements for Full-Size and Non-Full-Size Baby 
Cribs: Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: Based on information currently available, the Commission has 
reason to believe that unreasonable risks of injury and death may be 
associated with the slats of certain baby cribs.1

[[Page 65997]]

From 1985 to September 1996, the Commission identified numerous 
incidents in which crib slats appeared to disengage from the side 
panels of the crib. When this occurs, children are at risk of becoming 
entrapped between the remaining slats or falling out of the crib. 
Twelve incidents resulted in fatalities and five in injuries. Neither 
existing Commission regulations nor the current voluntary standard 
adequately addresses these risks of injury and death.
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    \1\ The Commission voted 2-1 to issue this Advance Notice of 
Proposed Rulemaking, with Chairman Ann Brown and Commissioner Thomas 
Moore voting in favor of the notice and Commissioner Mary Gall 
voting against it. Copies of their statements are available in the 
Commission's Office of the Secretary.
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    This advance notice of proposed rulemaking (``ANPR'') initiates a 
rulemaking proceeding under the authority of the Federal Hazardous 
Substances Act (``FHSA''). One result of the proceeding could be the 
issuance of a rule requiring that crib sides pass a performance 
standard to assure the structural integrity of crib slats and side 
panels.
    The Commission requests written comments from interested persons 
concerning the risks of injury and death, the regulatory alternatives 
discussed in this notice, and other possible means to address these 
risks. The Commission invites any interested persons to submit an 
existing standard or a statement of intent to modify the voluntary 
standard to address the risks of injury described in this notice.

DATES: Written comments and submissions in response to this notice must 
be received by the Commission by February 14, 1997.

ADDRESSES: Comments should be mailed, preferably in five (5) copies, to 
the Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207, or delivered to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814-4408, telephone (301)504-0800.

FOR FURTHER INFORMATION CONTACT: Deborah K. Tinsworth, Project Manager, 
Directorate for Epidemiology and Health Sciences, Consumer Product 
Safety Commission, Washington, D.C. 20207; telephone (301) 504-0470, 
ext. 1276.

SUPPLEMENTARY INFORMATION:

A. Background

    The Consumer Product Safety Commission (``CPSC'' or the 
``Commission'') has become aware that the slats 2 on some cribs 
may disengage from the cribs' side panels and result in injury or 
death. As explained in this notice, the Commission is beginning a 
rulemaking proceeding to address this risk.
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    \2\ The term ``slats'' as used in this notice means both the 
flat vertical bars on the side of a crib as well as the rounded bars 
(which are sometimes called ``spindles'').
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1. Summary of Existing Requirements

    The Commission enforces two baby crib regulations, one applies to 
full-size cribs, 16 CFR part 1508, and the other to non-full-size 
cribs, 16 CFR part 1509. Both of these regulations contain requirements 
concerning the spacing of components, such as slats. However, neither 
regulation includes requirements addressing the structural integrity of 
slats and side panels. (Other aspects of the existing CPSC crib 
regulations are discussed in section E of this notice.)
    In addition to CPSC's regulations, there is a voluntary standard--
ASTM F1169 Standard Consumer Safety Performance Specification for Full-
Size Cribs. And, ASTM is currently developing a standard for non-full-
size cribs. The Juvenile Product Manufacturers Association (``JPMA'') 
administers a program to certify that cribs meet the ASTM F1169 
standard. The ASTM F1169 voluntary standard requires that crib panels 
withstand 50 drops of a 25 pound weight from a height of 3 inches. As 
explained below, the Commission does not believe that this test is 
adequate.

2. Chronology of Commission Activity

    CPSC staff has been working with industry to address the risk of 
crib slat disengagement since the staff first became aware of the 
problem. As discussed below, the staff has been active on several 
fronts. The Commission's Office of Compliance has worked with industry 
to recall or otherwise correct specific cribs with disengaging slats. 
Currently, the Commission's technical staff has been working with ASTM 
participants to try to address the problem and conducting its own tests 
to develop an improved standard.
    Since 1985, the Commission has recieved reports of 138 incidents in 
which crib slats disengaged (i.e., were loose, missing, or broken) 
thereby presenting a risk of injury or death. In addition, as discussed 
below, one manufacturer had reports of 230 incidents in which slats 
loosened and separated from the side rail.
    In 1991, the Commission's Office of Compliance worked with one 
company to recall certain models of its cribs that had loose or missing 
slats. Early in 1995 the Commission staff became aware that two other 
companies' cribs had slats that disengaged. The staff worked with these 
manufacturers to recall the cribs in February and March of 1995. Some 
of these cribs had been involved in minor injuries and one was involved 
in the death of a child in 1993.
    On October 20, 1995, the Commission staff sent a letter to the 
Chairman of ASTM's subcommittee on cribs expressing concern about this 
problem and requesting that participants at the subcommittee's October 
26 meeting discuss crib slat strength and a torque test that is part of 
a Canadian crib standard. Under this part of the Canadian standard, 
discussed in greater detail below, slats must withstand twisting when a 
specified amount of force is applied. Participants at the subcommittee 
meeting discussed slat disengagement, and CPSC staff requested 
manufacturers perform the Canadian torque test and discuss results at 
the next subcommittee meeting.
    In December 1995, the Commission's Compliance staff worked with 
another manufacturer to recall a crib with spindles which could loosen 
and separate from the side rail. The company was aware of 230 incidents 
in which this had occurred, sometimes with minor injuries. The 
Commission staff is still evaluating these reports.
    At the January 30, 1996 ASTM crib subcommittee meeting, CPSC staff 
shared information concerning 62 of the slat separation incidents that 
had been reported to CPSC. (These 62 incidents had occurred between 
January 1990 and December 31, 1995, and they did not include incidents 
involving ``broken'' slats.) Manufacturers reported that the Canadian 
torque test would not always detect unsatisfactory glue joints. 
Manufacturers also stated that they believed the problem was not with 
the ASTM standard but with some manufacturers who were not testing 
cribs frequently enough during the manufacturing process.
    On February 8, 1996, CPSC's Compliance staff sent questionnaires to 
JPMA for distribution to 48 manufacturers of juvenile furniture 
concerning the manufacturers' quality control procedures. Twenty-one 
companies responded to the questionnaire (18 do not currently 
manufacture cribs and 9 had provided the information previously). Each 
of the nine largest crib manufacturers (produced over 100,000 cribs 
between January 1993 and December 1995) performed some quality 
assurance testing on their cribs. However, the responses to the 
questionnaire were not sufficiently detailed for the staff to determine 
how these tests were conducted.
    The ASTM crib subcommittee met again on March 12 and May 29, 1996. 
Manufacturers at the May ASTM

[[Page 65998]]

meeting stated that they believed only a few manufacturers were 
involved in the slat separation incidents and, therefore, there was no 
need to change the ASTM F1169 standard.
    In the summer of 1996, the Commission's Engineering Laboratory 
staff conducted tests on a variety of cribs, as described below. The 
staff found that cribs that passed ASTM's side panel test failed when 
tested under more stringent conditions.
    When the ASTM subcommittee met on September 26, 1996, the CPSC 
staff presented results of its tests and suggested amending the ASTM 
F1169 standard to (1) require a torque test similar to the Canadian 
crib standard and (2) strengthen the ASTM test to specify 1,000 drops 
of a 50 pound weight from a height of 3 inches onto crib side panels.
    In November 1996, the Commission's Compliance staff worked with a 
fifth manufacturer to conduct a corrective action plan for its cribs 
with disengaging slats. A total of approximately 682,000 cribs were 
affected by the five corrective actions since 1991 for slat separation.

3. CPSC Staff's Testing

    The Commission's Engineering Laboratory staff tested eight crib 
samples which had rounded or rectangular slats secured by various means 
(e.g., some slats were glued and some were pinned). None of the samples 
tested separated when tested in accordance with the ASTM side panel 
test (50 drops of a 25-pound weight from a height of 3 inches). 
However, when the weight dropped onto the side panel was increased from 
25 pounds to 50 pounds, all four of the samples with slats secured only 
by glue did separate. One sample separated after only 27 cycles, two 
separated after fewer than 130 cycles and one sample separated after 
539 cycles. Because a 95th percentile 30-month-old child (the oldest 
child likely to be in a crib) weighs 35 pounds, the staff chose 50 
pounds as a test weight to allow a margin of safety.
    The staff also tested these eight cribs in a manner similar to the 
Canadian torque test but used a lower force. Under the Canadian test, a 
torque of 8 newton meters (N.m)(approximately 6 pounds feet) is applied 
to each slat and maintained for 10 seconds. In the CPSC staff's tests a 
force of 6.78 N.m (5 pounds feet) was applied. During these tests, 
samples with pinned and mortised crib slats (i.e., rectangular slat 
ends which fit into rectangular openings in the crib rails) did not 
rotate when torque tested. However, samples with rounded slats which 
were pinned did rotate when torque tested, as did samples with round 
slat ends that were glued.

B. Statutory Authority

    This proceeding is conducted under provisions of the Federal 
Hazardous Substances Act (``FHSA''), 15 U.S.C. 1261 et seq. Cribs with 
slats that disengage may present a mechanical hazard and would 
therefore be banned as ``hazardous substances'' under the FHSA.
    A ``hazardous substance'' includes any toy or other article 
intended for use by children which the Commission determines, by 
regulation, presents an electrical, mechanical, or thermal hazard. 15 
U.S.C. 1261(f)(1)(D). An article may present a mechanical hazard if, 
``in normal use or when subjected to reasonably foreseeable damage or 
abuse, its design or manufacture presents an unreasonable risk of 
personal injury or illness (1) from fracture, fragmentation, or 
disassembly of the article * * *.'' 15 U.S.C. 1261(s). Under the FHSA, 
a toy, or other article intended for use by children which is or 
contains a ``hazardous substance'' susceptible to access by a child is 
banned. 15 U.S.C. 1261(q)(1)(A).
    A proceeding to promulgate a regulation determining that a toy or 
other children's article presents a mechanical hazard is governed by 
the requirements set forth in section 3(f) through 3(i) of the FHSA. 15 
U.S.C. 1262(e)(1)-(i). First, the Commission must issue an advance 
notice of proposed rulemaking (``ANPR'') as provided in section 3(f). 
15 U.S.C. 1262(f). The ANPR must identify the product and the risk of 
injury; summarize the regulatory alternatives under consideration; 
describe existing standards and explain why they do not appear to be 
adequate; invite comments from the public; and request submission of a 
new or modified standard. Id.
    If the Commission decides to continue the rulemaking proceeding 
after considering responses to the ANPR, the Commission must publish 
the text of the proposed rule along with a preliminary regulatory 
analysis in accordance with section 3(h) of the FHSA. 15 U.S.C. 
1262(h). If the Commission then wishes to issue a final rule, it must 
publish the text of the final rule and a final regulatory analysis that 
includes the elements stated in section 3(i)(1) of the FHSA. 15 U.S.C. 
1262(i)(1). Before the Commission may issue a final regulation, it must 
make findings concerning voluntary standards, the relationship of the 
costs and benefits of the rule, and the burden imposed by the 
regulation. 15 U.S.C. 1262(i)(2).

C. The Product

    Both full-size and non-full-size cribs (with non-mesh sides), as 
defined in 16 CFR Parts 1508 and 1509, are covered by this notice. 
Cribs are one of the few products that are intended for use when 
children are unattended. Thus, their safety is essential.
    As discussed above, there are both mandatory and voluntary safety 
standards for cribs. Accordingly, crib safety efforts have generally 
focused on hazards from older ``used'' cribs. However, many cribs from 
which slats have become disengaged were relatively new. Of 62 crib slat 
disengagement incidents reported to CPSC between January 1, 1990 and 
December 31, 1995, only 7 cribs were purchased used or were more than 3 
years old. (In 14 incidents the age of the crib was unknown.) Moreover, 
the problem appears to affect a range of manufacturers. Since 1991, 
five different companies have conducted recalls or other corrective 
actions for cribs with slats that became disengaged. Twenty-six 
manufacturers or retailers were involved in the 62 slat disengagement 
incidents that the Commission's engineering staff brought to the ASTM 
subcommittee's attention at its January and March 1996 meetings.
    Currently, there are at least 20 manufacturers of cribs. In 1995, 
about 2.2 million cribs were sold. Assuming a product life of 10 to 25 
years, there may be 23 to 48 million cribs available for use. However, 
based on the population of children who would use cribs (under 30 
months of age), only about 10 million cribs would be in use at any 
given time. According to a leading juvenile product trade publication, 
the average expenditure for a crib or cradle in 1993 (the most recent 
year for which such information is available) was about $160.
    Over the three year period from 1993 to 1995, the largest eight 
manufacturers each produced in excess of 200,000 cribs. Six of these 
eight manufacturers each had three or more crib slat disengagement 
incidents reported during that period of time. These six are all 
certified by JPMA as being in conformance with the ASTM F1169 crib 
standard. All of the eight manufacturers conduct some type of quality 
assurance tests. However, as discussed above, the Commission does not 
have sufficient information to evaluate the adequacy of these tests.

D. Risks of Injury and Death

    As explained above, this notice concerns the risk of injury and 
death posed to children when the slats of a

[[Page 65999]]

crib become disengaged from their side panels. Since January 1, 1985, 
138 such incidents have been reported to the Commission. This includes 
cases in which the slats were disengaged, loose, missing, or broken. It 
does not include incidents that apparently resulted from poor 
maintenance (such as missing or improper hardware), misuse, or very old 
``antique'' cribs.
    When slats disengage from the crib side panel, a gap is left 
between the remaining slats. A child may be able to get his or her body 
through the space but not his or her head, resulting in entrapment and 
severe injury or death. Or, if the space is larger, a child could fall 
out of the crib.
    Fortunately most of the reported incidents did not result in 
injury. In some cases, a parent noticed that slats were loose or 
detached before any injuries could occur. In some other cases, slats 
detached when a parent raised or lowered the side rail of the crib. 
However, twelve of these incidents did result in fatalities and five in 
injuries. Children who died or were injured generally had gotten their 
necks trapped in the space left by missing slats.
    Although the Commission has worked with crib manufacturers to 
recall cribs which present this hazard, the problem has continued. 
Fifteen of the 138 incidents were reported to the Commission since 
January of 1996.

E. Existing Standards

1. CPSC Regulations

    The Commission's regulations for full-size and non-full-size cribs 
are substantially similar. The full-size crib regulation applies to 
cribs with interior dimensions of 133 cm long by 71 cm wide (+ or - 1.5 
cm). 16 CFR 1508.3(a). The nonfull-size crib regulation applies to most 
other rigid-sided cribs that are either smaller or larger than full-
size cribs. 16 CFR 1509.2(b)(1).
    All cribs must comply with a requirement for the spacing of 
components such as slats and spindles. Id. 1508.4, 1508.5, 1509.5 and 
1509.6. Both standards also have requirements concerning crib hardware, 
construction and finishing, and assembly instructions. Id. 1508.7, 
1508.8, 1509.7, and 1509.8. The standards also include a requirement 
and test procedure to prohibit any cutouts that could entrap a child. 
Id. 1508.11 and 1509.13. They also require cautionary labeling, 
manufacturer identification, and recordkeeping. Id. 1508.9, 1508.10, 
1509.11 and 1509.12.
    Nothing in CPSC's current crib regulations requires any performance 
test to ensure the structural integrity of crib side panels and slats. 
Provisions do require that slats be spaced no more than 6 cm (2\3/8\ 
inches) apart and that they maintain their spacing when force is 
applied in accordance with specified testing. Id. 1508.4 and 1509.4. 
The regulations also contain a general requirement that all wood parts 
be ``free from splits, cracks, or other defects which might lead to 
structural failure.'' Id. 1508.7(b) and 1509.8(b). However, these 
requirements do not specifically address the hazard of slats 
disengaging from crib side panels.

2. The ASTM F1169 Crib Standard

    The ASTM F1169 voluntary standard for full-size cribs contains 
several safety testing procedures. In addition to crib side testing, 
the standard includes vertical impact testing, a mattress support 
system test, a test method for crib side latches, a plastic teething 
rail test, and requirements for labeling and instructional literature.
    As stated above, JPMA operates a certification program to certify 
that cribs meet the ASTM F1169 standard. For a manufacturer's cribs to 
be certified, the manufacturer must test at least 15 percent of models 
quarterly and the balance once a year in accordance with the F1169 
specification.
    The crib side test of F1169 includes a cyclic test and a static 
test. For the cyclic test, a 25-pound weight is dropped onto the side 
rail 50 times from a 3 inch height. For the static test--conducted 
after the cyclic test--a static load of 100 pounds is applied to the 
bottom rail of the side panel as the panel is suspended by the top 
rail. Both the drop side and the stationary side of the crib are 
tested.
    Based on testing conducted by the Commission staff and other 
available information, the current ASTM F1169 standard does not appear 
to be adequate. One of the cribs that had been recalled and was 
involved in the death of a child nevertheless passed the ASTM side 
panel test when the Commission's engineering lab conducted its tests. 
Yet, it failed a more stringent test.

F. Regulatory Alternatives Under Consideration

    The Commission is considering alternatives to reduce the risks of 
injury and death related to disengaged crib slats. The primary 
alternative being considered is amending CPSC's crib regulations to 
require a test to ensure the structural integrity of crib side panels 
and their slats. Such a standard could be based on an enhancement of 
the ASTM F1169 side panel test (e.g., increasing the weight that is 
dropped onto the crib and the number of cycles) and addition of a 
torque test.
    Another alternative is for the Commission to take no regulatory 
action but to pursue recalls of hazardous cribs on a case-by-case basis 
using its authority from section 15 of the FHSA, 15 U.S.C. 1274. As 
explained above, there have been five corrective action plans for cribs 
which had slats that became disengaged. However, since numerous 
manufacturers appear to be involved, the Commission is concerned that 
this may be a wide-spread problem that would be better addressed 
through regulation. As explained above, the Commission is also 
concerned that the existing crib side testing procedure under ASTM 
standard F1169 is not adequate.
    Finally, the Commission staff could continue to work with the ASTM 
crib subcommittee to strengthen the F1169 voluntary standard. This 
option would not require any regulatory action. However, the Commission 
staff has been working with the ASTM crib subcommittee since October 
1995. Although slat disengagement incidents continue to occur, industry 
has not agreed to make the voluntary standard more stringent.

G. Request for Information and Comments

    This ANPR is the first step of a proceeding which could result in 
amending CPSC's crib standards to require structural integrity tests 
for crib side panels and their slats. All interested persons are 
invited to submit to the Commission their comments on any aspect of the 
alternatives discussed above. Specifically, in accordance with section 
3(f) of the FHSA, the Commission requests:
    (1) Written comments with respect to the risk of injury identified 
by the Commission, the regulatory alternatives being considered, and 
other possible alternatives for addressing the risk.
    (2) Any existing standard or portion of a standard which could be 
issued as a proposed regulation.
    (3) A statement of intention to modify or develop a voluntary 
standard to address the risk of injury discussed in this notice, along 
with a description of a plan to do so.
    All comments and submissions should be addressed to the Office of 
the Secretary, Consumer Product Safety Commission, Washington, D.C. 
20207, and received no later than February 14, 1997.


[[Page 66000]]


    Dated: December 9, 1996.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

Reference Documents

    The following documents contain information relevant to this 
rulemaking proceeding and are available for inspection at the Office of 
the Secretary, Consumer Product Safety Commission, Room 502, 4330 East-
West Highway, Bethesda, Maryland 20814-4408:

1. Memorandum from Suzanne P. Cassidy, EHHA, to John Preston, ES, 
dated June 13, 1996, entitled ``Incident Data on Crib Slat 
Disengagements.''
2. Memorandum from Suzanne P. Cassidy, EHHA, to John Preston, ES, 
dated June 13, 1996, entitled ``Data Update on Crib Slat 
Disengagements--Incidents Reported Since June 13, 1996.''
3. Memorandum from Anthony C. Homan, EC, to Debbie Tinsworth, 
Project Manager, dated October 31, 1996, entitled ``Infant Cribs''.
4. Letter from John Preston, P.E., Directorate for Engineering 
Sciences, CPSC, to Mr. William S. Suvak, P.E., Chairman, Crib 
Section of ASTM Subcommittee F15.18, dated October 20, 1995.
5. Letter from John Preston, P.E., Directorate for Engineering 
Sciences, CPSC, to Mr. Willion S. Suvak, P.E., Chairman, Crib 
Section of ASTM Subcommittee F15.18, dated November 8, 1995.
6. Letter from John Preston, P.E., Directorate for Engineering 
Sciences, CPSC, to Mr. Willion S. Suvak, P.E., Chairman, Crib 
Section of ASTM Subcommittee F15.18, dated July 10, 1996.
7. List of Crib Slat Incidents--1/1/90 to 12/30/95 (prepared by John 
Preston, CPSC/ES, 6/12/96).
8. Chronology of Crib Slat Activities (prepared by John Preston, 
CPSC/ES, 10/11/96).
9. Memorandum from Carol Cave, Office of Compliance, to Debbie 
Tinsworth, Project Manager, dated October 17, 1996, entitled ``Crib 
Slat Disengagement.''
10. CPSC Press Releases No. 91-114, dated August 22, 1991; No. 95-
076, dated February 10, 1995; No. 95-088, dated March 1, 1995; No. 
96 December 1995.
11. Sample Letter from David Schmeltzer, Assistant Executive 
Director, Office of Compliance, CPSC, to Crib Manufacturers and 
Importers, November 15, 1995.
12. Letter from Marc Schoem, Director of Corrective Actions, CPSC, 
to Mr. William Macmillan, Chairman, Juvenile Products Manufacturers 
Association, Inc., February 8, 1996.
13. Canadian Standard for Cribs, Portable Cribs and Cradles, PSB-TC-
076, Printed in Trade Communique, Issue N. 7, October 1986.
14. ASTM F1169-88, Standard Specification for Full Size Baby Crib.
15. Memorandum from Robert Hundemer, LSEL, to Deborah Tinsworth, 
Project Manager, dated November 5, 1996, entitled ``Crib Slat 
Testing.''
16. Memorandum from Ronald L. Medford, Assistant Executive Director, 
and Deborah Kale Tinsworth, Project Manager, to the Commission, 
dated November 19, 1996, ``Options Paper: Crib Slat Disengagement.''

[FR Doc. 96-31834 Filed 12-13-96; 8:45 am]
BILLING CODE 6355-01-P