[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Proposed Rules]
[Pages 71570-71572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27753]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II


Options to Address Crib Safety Hazards; Advance Notice of 
Proposed Rulemaking; Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance Notice of Proposed Rulemaking.

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SUMMARY: The Commission is required by section 104 of the Consumer 
Product Safety Improvement Act of 2008 to examine and assess, in 
consultation with consumer groups, juvenile product manufacturers, and 
independent child product engineers and experts, the voluntary 
standards for, inter alia, full size and non-full-size cribs. In 
particular, the Commission has determined it will examine and assess 
potential design and durability issues by seeking input and information 
about hardware systems, other hardware issues, assembly and 
instructional problems and wood quality/strength issues for full size 
and non-full-size cribs with stationary or drop-side construction.
    This advance notice of proposed rulemaking (ANPR) is being issued 
to commence the consultative process with stakeholders to examine and 
assess the effectiveness of the voluntary standards for full size and 
non-full-size cribs.\1\ The Commission solicits written comments 
concerning the risks of injury associated with full size and non-full-
size cribs, possible ways to address these risks, and the economic 
impacts of the various regulatory alternatives.

DATES: Comments and submissions in response to this notice must be 
received by January 26, 2009.
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    \1\ The Commission voted 2-0 to publish the FR notice as 
drafted.

ADDRESSES: Comments should be filed by e-mail to [email protected]. 
Comments also may be filed by telefacsimile to (301) 504-0127 or 
mailed, preferably in five copies, to the Office of the Secretary, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
Maryland 20814; telephone (301) 504-7530. Comments should be captioned 
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ANPR for Options to Address Crib Safety Hazards.

FOR FURTHER INFORMATION CONTACT: Patricia L. Hackett, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, 4330 East 
West Highway, Bethesda, Maryland 20814; telephone (301) 504-7577 or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

1. Voluntary Standards Activity

    CPSC staff has participated in ASTM subcommittee activities on 
cribs since the standards were first developed. While ASTM has made 
some revisions in response to our input in the past, several staff 
recommendations regarding crib hardware that this ANPR addresses (Tab A 
at http://www.cpsc.gov/library/foia/foia09/brief/ashaz.pdf) have been 
considered by the voluntary standards subcommittee, but as of yet, no 
additional performance requirements have been agreed upon. More recent 
staff recommendations have involved assembly issues and strength/
quality of wood. (Tab B at http://www.cpsc.gov/library/foia/foia09/brief/ashaz.pdf).

2. Compliance Activities

    The Office of Compliance staff has opened seven investigative cases 
pertaining to crib hazards since the initiation of the CPSC early 
warning system (EWS) in November 2007. Five of these investigations 
resulted in recalls of over 2.5 million cribs and pertain to such 
issues as drop-side-hardware defects, wood quality issues, and 
dimensional defects. Investigations that are still pending resolution 
also pertain to drop-side hardware related problems.

B. Statutory Authority

    Section 104(b)(1)(A) of the Consumer Product Safety Improvement Act 
of 2008 (CPSIA), Public Law 110-314, August 14, 2008, requires the 
Commission in consultation with representatives of consumer groups, 
juvenile product manufacturers, and independent child product engineers 
and experts, [to] examine and assess the effectiveness of any voluntary 
consumer product safety standards for durable infant or toddler 
products. Because of the amount of information necessary to address the 
range of technical issues involved in evaluating the hazards posed by 
cribs, and the amount of time needed by CPSC staff to evaluate that 
information prior to the Commission issuing a notice of proposed 
rulemaking under section 104(b)(1)(B), the Commission is using this 
ANPR as part of the consultation process.
    The issuance of this ANPR for purposes of undertaking the 
consultative process required by section 104(b)(1)(A), does not begin 
the rulemaking process for full size and non-full-size cribs mandated 
by section 104(b)(1)(B) of the CPSIA. That will be done when the 
Commission determines to do so according to its priorities and 
resources.

C. The Product

    The Commission has issued mandatory standards under the Federal 
Hazardous Substances Act (FHSA) for both full-size cribs and non-full-
size baby cribs (16 CFR 1508 and 1509 respectively). A full-size crib 
is defined at 16 CFR 1508 as a bed designed to provide sleeping 
accommodations for an infant and used in the home, with the following 
interior dimensions: 71  1.6 centimeters (28  
\5/8\ inches) wide by 133  1.6 centimeters (52\3/8\  \5/8\ inches) long.
    A non-full-size crib is defined at 16 CFR 1509 with the same 
wording as a full-size crib, but with dimensions that are either 
greater or smaller than the ones contained in 16 CFR 1508. The 
regulation specifically excludes mesh/net/screen cribs, nonrigidly 
constructed cribs, cradles, car beds, baby baskets, and bassinets.

D. The Risk of Death or Injury

1. Incident Data

    Since its inception in November 2007, the CPSC EWS program has led 
to the evaluation of over 1200 crib incidents and related issues. These 
include incidents involving hardware systems, assembly errors, wood 
quality, bedding issues, paint problems, and general design concerns. 
Since that time, the EWS program has identified many issues with cribs 
which have led or could lead to entrapment and strangulation. In the 
last year, CPSC staff has assigned over 250 crib incidents for follow 
up in-depth

[[Page 71571]]

investigations (IDIs), including nine entrapment deaths and many 
injuries or near misses, where hardware has been the issue.
    As a result of EWS review, the Office of Compliance staff has 
opened seven investigative cases pertaining to crib hazards. Five of 
these investigations resulted in a recall of over 2.5 million cribs and 
pertain to such issues as drop side hardware defects, wood quality 
issues, and dimensional defects. Investigations that are still pending 
resolution also pertain to drop side hardware related problems.

2. Analysis of Incident Data

    a. Drop-Side Cribs and Related Hardware Systems
    A review of the incident data and follow up investigations seen in 
the CPSC EWS program have indicated that cribs with drop sides are the 
type most likely to experience hardware problems. Due to their design, 
these cribs contain additional moving parts and have more non-rigid 
joints or connections between components than non-drop-side cribs. Of 
particular interest are several incidents where the drop side 
disengaged in one or more corners due to a variety of reasons, 
including design defects. These disengagements can go undetected by 
parents or caregivers and can worsen when the baby pushes or leans 
against the side of the crib.
    With some drop-side-crib designs, because of the presence of the 
drop side, the rest of the crib can often experience more movement or 
stresses during foreseeable use than the same crib without a drop side. 
This can result in problems arising in other components on the crib, 
such as the mattress-support system, or the stationary-side-hardware 
connections. Thus, hazards seen on other hardware systems on a drop-
side crib might be caused or exacerbated by the design and use of the 
drop-side system. CPSC staff does not believe that there are adequate 
performance requirements in either the mandatory or ASTM voluntary 
standards pertaining to the durability of drop-side systems and related 
hardware.
    b. Other Hardware Issues
    The CPSC EWS program has also uncovered other hardware issues in 
cribs experienced on both drop-side cribs and non-drop-side cribs. 
Although some cribs do not have a drop side, they all have mattress-
support systems that typically use hardware to connect to the sides of 
the crib. CPSC staff has reviewed dozens of incident reports from the 
EWS program relating to mattress support systems, many of which were on 
drop-side cribs but some that have failed in non-drop-side cribs. These 
failures typically involve hardware issues, though some are wood 
component problems.
    Though not as numerous, CPSC staff has also reviewed incident 
reports of problems with rigidly connected components, such as a bolted 
connection or a screw-to-metal insert connection between two stationary 
sides of the crib. These incidents also span both drop-side cribs and 
non-drop-side cribs.
    Missing, damaged or broken hardware can result in the partial 
separation of a crib component from the rest of the crib. This can 
generate gaps that may allow an infant's body to pass through and trap 
the infant at the head or neck, resulting in strangulation deaths. 
Infants can also suffocate when their head becomes wedged in the space 
between the crib frame and the mattress.
    CPSC staff does not believe that there are adequate performance 
requirements in either the mandatory or ASTM voluntary standards 
pertaining to the durability of other crib hardware systems.
    c. Assembly and Instructional Issues
    In many incidents, including at least four fatalities, consumer-
installed crib components were found to have been installed incorrectly 
or incompletely. These component installation errors can easily remain 
undetected by the parents because the crib will still work despite the 
mis-assembly. CPSC staff's review of various crib assembly instructions 
shows a varied approach and often inadequate warnings regarding the 
consequences of a mis-installation. CPSC staff does not believe that 
there are adequate requirements in either the mandatory or ASTM 
voluntary standards pertaining to assembly hazards.
    d. Wood Quality/Strength
    Another serious hazard uncovered by the CPSC EWS program was a 
quality/strength issue with wood components. There are no performance 
requirements in either the CPSC mandatory or ASTM voluntary standards 
for wood quality and integrity. A wood quality problem can result in a 
fractured or missing slat, creating a gap that can lead to entrapment. 
CPSC staff does not believe that there are adequate performance 
requirements in either the mandatory or ASTM voluntary standards 
pertaining to wood strength or quality.

E. Existing Standards

1. Summary of CPSC Regulatory Activity

    The full-size crib regulation, 16 CFR 1508, was published in 1973 
and amended in 1982. The regulation for non-full-size cribs, 16 CFR 
1509, was published in 1976 and amended in 1982. Both standards 
currently contain requirements pertaining to dimensions, spacing of 
components, hardware, construction and finishing, assembly 
instructions, cutouts, identifying marks, warning statements, and 
compliance declarations. In addition, 16 CFR 1509 contains a 
requirement regarding mattresses.
    On December 16, 1996, the Commission published an ANPR pertaining 
to crib slat disengagement. The basis for the ANPR was the incident 
data for an 11-year span, which totaled 138 incidents, including 12 
deaths due to entrapment. 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 potentially severe injury or death.
    Following the publication of the ANPR, ASTM International (formerly 
known as the American Society for Testing and Materials) published a 
revised standard for full-size cribs (ASTM F 1169-99) in July 1999, 
which included requirements to address crib-slat integrity. Since that 
time, the rulemaking has remained open and CPSC staff has been 
monitoring crib incidents, including slat problems and other potential 
entrapment hazards.

2. Summary of Voluntary Standards Activity

    There are several voluntary standards addressing baby cribs. These 
include, but are not limited to standards issued by the following 
organizations: ASTM International, Underwriters Laboratories (UL), 
British Standards Institute (BSI), Health Canada, and the International 
Organization for Standardization (ISO).
    The ASTM crib standards for full size and non-full-size cribs are 
the ones most widely accepted and conformed to in the U.S. In addition, 
the Juvenile Product Manufacturers Association (JPMA) has a 
certification program that manufacturers can join to demonstrate and 
certify that their products meet current applicable ASTM standards. 
Members in good standing can display a JPMA certification seal on their 
products as a symbol that they are certified.
    The ASTM standard on full-size cribs (ASTM F 1169) was first 
published in 1988 and the current version was published in 2007. This 
standard refers to 16 CFR 1508 and includes several additional 
requirements, including corner-post-extension dimensions, mattress-
support-system requirements, and crib-side-performance requirements. 
The ASTM standard on

[[Page 71572]]

non-full-size cribs (ASTM F 1822) was first published in 1997. In 2002, 
the standard was combined with the play yard standard, and the current 
version (ASTM F 406) was published in 2008. This standard has many 
requirements, some pertaining only to play yards, and others that are 
very similar to what is in ASTM F 1169, pertaining to rigid sided, non-
full-size cribs.

F. Solicitation of Information and Comments

    CPSC staff is interested in obtaining information and data to help 
in the possible development of a mandatory regulation. Below, by 
category, is the information requested:
    Product Availability:
     Whether there is a crib design on the market that 
addresses the drop-side and hardware issues identified in Section D 
above.
     Whether there is a crib concept or patent that addresses 
the drop-side and hardware issues identified in Section D above.
    Market Information:
     The U.S. market share of drop-side cribs versus other 
types of cribs.
     The U.S. market share of domestic manufacturers versus 
foreign manufacturers.
     The distribution of crib sales by manufacturer and/or 
retail price for both drop-side and other cribs.
     The models and model numbers of cribs and the annual sales 
figures for each model from the time such product was made available in 
the marketplace.
     The names and addresses of manufacturers and distributors 
who make and sell drop-side and other cribs.
    Costs of Various Alternatives:
     The costs to manufacturers of redesigning cribs to remove 
the risk of entrapment and/or the cost of removing these cribs from the 
market.
     The costs of mandating a testing requirement, a quality 
control/quality assurance program requirement, a labeling or 
instructions requirement, and/or recordkeeping requirement (especially 
for small firms).
     Comparisons of the costs of producing drop-side cribs 
versus any available substitute products.
     Other information on the potential costs of alternative 
rules.
    Benefits of Various Alternatives:
     Comparisons of the utility to consumers of using drop-side 
cribs versus any available substitute products.
     The benefits of mandating a testing requirement, a quality 
control/quality assurance program requirement, a labeling or 
instructions requirement, and/or recordkeeping requirement.
     Other information on the potential benefits of alternative 
rules.
    Small Business Impacts:
     The likelihood and nature of any significant economic 
impact of a rule on small entities.
     Alternatives the Commission should consider, as well as 
the costs and benefits of those alternatives to minimize the burdens or 
costs to small entities.
    Household Data/Information:
     The estimated average expected life of a crib and/or an 
estimated number of cribs in U.S. households.
     Information or data on the primary reasons consumers 
purchase and/or use drop-side cribs versus other types of cribs.
     Information concerning consumer use of cribs, 
specifically, how long they own them, how frequently they use them and 
for what duration, and product life (in years). Also, information 
concerning the frequency of resale and/or handing down to other 
consumers.
    Foreign Crib Experience:
     Information concerning the types of cribs used in other 
countries and how the use pattern may be different from that seen in 
the U.S.
     Injury and death data pertaining to crib uses outside the 
U.S.
     Standards used by crib manufacturers that market to non-
U.S. markets.
    Incident Data:
     Other crib incident data, not already contained in CPSC 
data bases, regardless of whether the incident was the fault of the 
consumer, user, manufacturer, distributor, shipper, retailer or 
assembler.
     Crib parts replacements information. Including parts sold 
or offered by the manufacturer, as potential safety problems can often 
be predicted by looking at the pattern of requests for replacement 
parts for specific crib models or lines.
     Any studies regarding injuries, deaths, or potential 
injuries associated with drop-sided vs. non-drop-sided cribs.
    Other Standards or Testing Requirements:
     Information on other standards not outlined in this ANPR, 
including test requirements specific to a manufacturer or retailer that 
should be considered for the mandatory regulation.
     Information concerning experience with crib standards 
other than the CPSC mandatory regulations and the ASTM standards.
    Comments should be filed by e-mail to [email protected]. Comments 
also may be filed by telefacsimile to (301) 504-0127 or mailed, 
preferably in five copies, to the Office of the Secretary, Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 
20814; telephone (301) 504-7530. Comments should be captioned ``ANPR 
for Options To Address Crib Safety Hazards.'' All comments and 
submissions should be received no later than January 26, 2009.

    Dated: November 18, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E8-27753 Filed 11-24-08; 8:45 am]
BILLING CODE 6355-01-P