[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Proposed Rules]
[Pages 18878-18901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06142]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112, 1130, and 1240

[CPSC Docket No. 2020-0010]


Safety Standard for Crib Bumpers/Liners

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Danny Keysar Child Product Safety Notification Act, i.e., 
section 104 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA), requires the United States Consumer Product Safety Commission 
(CPSC) to promulgate consumer product safety standards for durable 
infant or toddler products. These standards are to be ``substantially 
the same as'' applicable voluntary standards, or more stringent than 
the voluntary standard if the Commission concludes that more stringent 
requirements would further reduce the risk of injury associated with 
the product. The Commission is proposing a safety standard for crib 
bumpers/liners, and it is also proposing to identify crib bumpers/
liners as durable infant or toddler products subject to CPSC's consumer 
registration requirements. In addition, the Commission is proposing an 
amendment to include crib bumpers in the list of notice of requirements 
(NORs) issued by the Commission.

DATES: Submit comments by June 17, 2020.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the marking, labeling, and instructional literature requirements of the 
proposed mandatory standard for crib bumpers/liners should be directed 
to the Office of Information and Regulatory Affairs, the Office of 
Management and Budget, Attn: CPSC Desk Officer, FAX: 202-395-6974, or 
emailed to [email protected].
    Other comments, identified by Docket No. CPSC-2020-0010, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number, CPSC-2020-0010, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Timothy P. Smith, Project Manager, 
Directorate for Engineering Sciences, U.S. Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 
987-2557; email: [email protected].

SUPPLEMENTARY INFORMATION: The CPSC proposes to issue a standard for 
crib bumpers/liners under section 104 of the CPSIA, amend the consumer 
registration rule to include crib bumpers/liners, and add crib bumpers/
liners to the NOR list in 16 CFR part 1112.

I. Background and Statutory Authority

    Section 104(b) of the CPSIA, part of the Danny Keysar Child Product 
Safety Notification Act, requires the Commission to: (1) Examine and 
assess the effectiveness of voluntary consumer product safety standards 
for durable infant or toddler products, in consultation with 
representatives of consumer groups, juvenile product manufacturers, and 
independent child product engineers and experts; and (2) promulgate 
consumer product safety standards for durable infant or toddler 
products. Standards issued under section 104 are to be ``substantially 
the same as'' the applicable voluntary standards, or more stringent 
than the voluntary standard if the Commission concludes that more 
stringent requirements would further reduce the risk of injury 
associated with the product.
    Section 104(f)(1) of the CPSIA defines the term ``durable infant or 
toddler product'' as ``a durable product intended for use, or that may 
be reasonably expected to be used, by children under the age of 5 
years.'' The statute also specifies 12 categories of products that fall 
within the definition. Crib bumpers are not listed among the products 
in section 104(f); however, on October 19, 2016, the Commission voted 
to amend the agency's fiscal year 2017 (FY 2017) Operating Plan, 
directing staff

[[Page 18879]]

to initiate rulemaking under section 104 of the CPSIA to promulgate a 
mandatory consumer product safety standard to address the risk of 
injury associated with the use of padded crib bumpers.\1\ The FY 2017 
Operating Plan also directed staff to propose to amend the definition 
of ``durable infant or toddler product'' in the consumer registration 
rule to include ``crib bumpers.''
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    \1\ The final, approved FY 2017 Operating Plan can be found 
here: https://www.cpsc.gov/s3fs-public/CPSCFY2017OpPlan.pdf. The 
Commission reaffirmed this decision in the FY18 Operating Plan, 
which can be found here: https://www.cpsc.gov/s3fs-public/FY_2018_Operating_Plan_August302017.pdf.
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    Pursuant to section 104(b)(1)(A) of the CPSIA, CPSC staff consulted 
with manufacturers, retailers, trade organizations, laboratories, 
consumer advocacy groups, consultants, and members of the public in the 
development of this notice of proposed rulemaking (NPR), largely 
through the ASTM process. ASTM subcommittee members represent 
producers, users, consumers, government, and academia.\2\ Staff began 
the consultation process for this rulemaking in December 2016 in a 
letter to ASTM requesting that the ASTM F15.19 Subcommittee on Infant 
Bedding form task groups related to (1) firmness requirements, (2) 
airflow requirements, and (3) warning and instructional requirements, 
to initiate activities to update ASTM F1917, Standard Consumer Safety 
Performance Specification for Infant Bedding and Related Accessories, 
with more stringent requirements that will further reduce the risk of 
injury associated with crib bumpers. Since then, CPSC staff has been 
actively participating in the ASTM subcommittee activities to address 
these issues.
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    \2\ ASTM International website: www.astm.org, About ASTM 
International.
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    This NPR incorporates by reference the most recent voluntary 
standard developed by ASTM International, ASTM F1917-12, Standard 
Consumer Safety Performance Specification for Infant Bedding and 
Related Accessories, with substantial modifications that the Commission 
concludes would further reduce the risk of injury or death from crib 
bumpers/liners. If finalized, the ASTM standard incorporated by 
reference, as modified, would be a mandatory safety rule under the 
Consumer Product Safety Act (CPSA).
    The testing and certification requirements of section 14(a) of the 
CPSA apply to the standards promulgated under section 104 of the CPSIA. 
Section 14(a)(3) of the CPSA requires the Commission to publish an NOR 
for the accreditation of third party conformity assessment bodies (test 
laboratories) to assess conformity with a children's product safety 
rule to which a children's product is subject. The proposed rule for 
crib bumpers/liners, if issued as a final rule, would be a children's 
product safety rule that requires the issuance of an NOR. To meet the 
requirement that the Commission issue an NOR for the crib bumpers/
liners standard, this NPR also proposes to amend 16 CFR part 1112 to 
include 16 CFR part 1240, the CFR section where the crib bumpers 
standard will be codified, if the standard becomes final.

II. Product Description

    Traditionally, crib bumpers are infant bedding accessories that 
attach to the interior perimeter of a crib and function as a barrier 
between the infant and the sides of the crib. However, the design of 
these products can vary. The most common type of crib bumper consists 
of one or more rectangular fabric panels, constructed of cotton or 
polyester, with filling material for padding and with fasteners to 
attach to a crib. The fasteners are often ties that are secured to the 
crib corner posts, crib slats or spindles, or both. However, other 
fastening methods exist. These products commonly are marketed as 
preventing injury to infants from impacts against the sides of a crib 
and preventing limb entrapments between crib slats. Bumpers also are 
used to decorate the infant's sleep environment and might be promoted 
as making a crib more comfortable.
    Less common designs of crib bumpers include ``vertical'' bumpers or 
liners, which essentially are a series of small bumpers that 
individually enshroud each vertical crib slat or spindle. These 
products generally claim to offer benefits that are comparable to 
traditional bumpers while allowing airflow through the sides of a crib. 
Vertical bumpers may also be marketed with a longer recommended useful 
life span than traditional bumpers for children with special needs. 
More recent crib bumper variants are braided bumpers, which consist of 
two or more fabric sleeves, containing filling material, and that are 
braided together. Other bumper variants exist that look similar to 
traditional bumpers but are marketed with claims of being 
``breathable.'' Mesh crib liners are similar in their marketing claims 
that the products are breathable, but these products tend to be thinner 
than traditional bumpers, with minimal padding, if any, because they 
are not intended to prevent impact injuries.
    All of these products, like traditional crib bumpers, line the 
interior sides of a crib and functionally limit or prevent access to 
the crib sides, so, in principle, all of these products might present 
similar hazards and benefits to infants. Thus, this proposed rule 
includes all of these products within its scope. Throughout this 
Federal Register document, the term ``crib bumpers'' or ``bumpers'' 
includes these other products, unless specifically excluded.\3\
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    \3\ As discussed herein, ASTM F1917-12 does not contain a 
definition of ``crib bumpers.''
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III. Incident Data

    CPSC has identified 113 fatal incidents associated with crib 
bumpers (i.e., cases in which a crib bumper was present in the sleep 
environment) reported to have occurred from January 1, 1990 through 
March 31, 2019.\4\ CPSC has identified 113 nonfatal incidents and 
concerns that involved crib bumpers and were reported to CPSC from 
January 1, 2008, through March 31, 2019. Because reporting is ongoing, 
the number of reported fatalities and nonfatal incidents and concerns 
may change in the future. Specifically, data for years 2017 through 
2019 are not complete.
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    \4\ Although this nearly 30-year timeframe is considerably 
longer than the 10-year timeframe that CPSC commonly employs in 
other section 104 rulemaking activities, CPSC staff's 2016 briefing 
package concluded that all the reported fatalities that staff 
examined and considered most likely to be addressable occurred 
before 2008. (https://www.cpsc.gov/s3fs-public/StaffResponsetotheRecordofCommissionActiononCribBumper.pdf.) Thus, 
to be as inclusive as possible, CPSC has chosen to retain reported 
fatalities as far back as 1990.
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A. Fatalities

    CPSC has reports of 113 fatalities associated with bumpers, which 
were reported to have occurred between January 1, 1990 and March 31, 
2019. To CPSC's knowledge, all bumpers involved in these incidents were 
traditional bumpers, and all but eight involved the bumper inside a 
crib.\5\
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    \5\ Three incidents occurred in a toddler bed, three in a 
bassinet, one in a playpen, and one on a mattress on the floor.
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    CPSC staff classified 30 of the 113 crib bumper-related fatalities 
as ``incidental.'' In three of these cases, the cause of death was 
known to have been exclusively medical in nature, and therefore 
unrelated to the bumper. In 27 of these 30 cases, although a bumper was 
present, there was no evidence of bumper contact with the infant.
    Of the remaining 83 reported fatalities, 75 (90 percent) involved 
infants younger than 12 months and 51 (61 percent) involved infants 4 
months old or younger. Only three of the 83

[[Page 18880]]

reported fatalities involved children 2 years old or older; one of 
these children had health issues, one was developmentally delayed, and 
the third went into cardiac arrest about a year after the bumper-
related incident, when the child was likely an infant.

B. Nonfatal Incidents and Concerns

    CPSC has reports of 113 bumper-related nonfatal incidents and 
concerns that were related to crib bumpers and were reported to CPSC 
from January 1, 2008, through March 31, 2019. Of these 113 nonfatal 
reports, 60 resulted in injury, 50 did not result in injury, and the 
disposition of 3 is unknown. Fifteen (13 percent) of the 113 nonfatal 
incidents and concerns reportedly involved a breathable bumper or mesh 
liner. Thirty-five cases did not report the child's age. Of the 
remaining 78 nonfatal incidents and concerns, 47 (60 percent) involved 
infants younger than 12 months.

C. Product Recalls

    CPSC staff reviewed recalls involving crib bumpers that occurred 
from July 9, 1990 through April 17, 2019. Staff identified five 
consumer-level recalls during that period to mitigate against risks of 
entanglement, entrapment, suffocation, and choking from loose threads 
(e.g., unraveling ties, breaking threads and seams) and from bumper 
ties that either detached from the product or were too long.

IV. Hazard Pattern Identification

A. Fatal Incidents

    Generally, the cause of death in the fatal incidents was reported 
as asphyxia, suffocation, or Sudden Infant Death Syndrome (SIDS). A 
number of reports indicated that in addition to a crib bumper being 
present, the sleeping environment contained multiple additional items, 
such as pillows, blankets, and stuffed dolls. In many of these 
incidents, it is unclear what role, if any, the crib bumper played in 
the death of the child. CPSC staff, through group consensus, 
categorized the fatalities into hazard scenarios based on the best 
available account information about the position of the child when 
found and the cause of death ruled by the medical examiner.
    As mentioned previously, 30 of the 113 reported fatalities were 
incidental. Table 1 shows the distribution of the remaining 83 non-
incidental reported fatalities by hazard scenarios.

             Table 1--Reported Fatalities by Hazard Scenario
                    [January 1, 1990-March 31, 2019]
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                                             Reported
                 Hazard                     fatalities      Percent \6\
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Entrapment/Wedging......................              44              53
    Against Object in Crib..............              25              30
    In Perimeter of Crib................              13              16
    Other...............................               6               7
Contact Without Entrapment/Wedging......              27              33
Contact With Possible Entrapment/Wedging               7               8
Contact Outside Crib....................               5               6
                                         -------------------------------
    Total...............................              83             100
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Source: CPSRMS and NEISS databases.
Reporting is ongoing for these databases, especially for 2017-2019.

    1. Entrapment/Wedging: In 53 percent (44 out of 83 fatalities) of 
the reported fatalities, the child was found wedged or entrapped 
against the bumper. This category was divided into three scenarios in 
which the child was found wedged or entrapped.
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    \6\ Percentages may not sum to 100 due to rounding.
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    a. Against Object in Crib: In 30 percent (25 out of 83 fatalities) 
of the reported fatalities, the child was entrapped or wedged between a 
crib bumper and another object in the crib, such as a bed pillow, an 
infant recliner, or a cushion.
    b. In Perimeter of Crib: In 16 percent (13 out of 83 fatalities) of 
the reported fatalities the child was found entrapped between the 
mattress and the side of the crib, on which a crib bumper was 
installed. Nine of these cases involved a crib that was structurally 
compromised, with features such as detached crib side rails, or missing 
or detached crib slats.
    c. Other: Seven percent (6 out of 83 fatalities) of the reported 
fatalities involved entrapment against a crib bumper in some scenario 
not covered by the two prior Entrapment/Wedging hazard patterns, such 
as a child being found wedged under the crib bumper.
    2. Contact Without Entrapment/Wedging: In 33 percent (27 out of 83 
fatalities) of the reported fatalities, the child was reportedly in 
contact with, but not entrapped or wedged against, the crib bumper.
    3. Contact With Possible Entrapment/Wedging: In eight percent (7 
out of 83 fatalities) of the reported fatalities, the child was found 
to be in contact with the crib bumper, but the incident scenario lacked 
sufficient details for the staff to determine whether the child was 
entrapped or wedged against the bumper. These fatalities typically 
described the child as being found with his or her face between the 
mattress and the crib bumper. The incident descriptions often used the 
phrase ``wedged between'' to describe the position of the child's face 
when found. However, staff discovered that some incidents without 
entrapment or wedging used similar language to describe the orientation 
of the child's face relative to the two surfaces. Thus, incidents in 
this category did not include sufficient details to enable CPSC staff 
to conclude whether the child was truly entrapped or wedged against the 
bumper.
    4. Contact Outside Crib: Six percent (5 out of 83 fatalities) of 
the reported fatalities were cases in which the child was in contact 
with a crib bumper that was outside a crib. Staff is aware of three 
other incidents involving a bumper outside a crib, but in those 
incidents there was no evidence of contact with the crib bumper, and 
thus, these three fatalities were ruled incidental and not included.

B. Nonfatal Incidents

    Table 2 summarizes the hazard patterns for the bumper-related 
nonfatal incidents. In cases where multiple hazards were mentioned, the 
hazard

[[Page 18881]]

that could have caused the most severe injury was used.

   Table 2--Reported Nonfatal Incidents or Concerns by Hazard Pattern
                    [January 1, 2008-March 31, 2019]
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                                            Incidents/
                 Hazard                     complaints      Percent \7\
------------------------------------------------------------------------
Slat Entrapments........................              38              34
Climbing or Climb-Outs..................              12              11
Under or Behind Bumper..................              10               9
Near-Strangulation or Entanglements.....               8               7
Entrapped Against Object in Crib........               7               6
Choking or Ingestion of Small Parts.....               7               6
Other...................................              14              12
Concerns................................              17              15
                                         -------------------------------
    Total...............................             113             100
------------------------------------------------------------------------
Source: CPSRMS and NEISS databases.
Reporting is ongoing for these databases, especially for 2017-2019.

    1. Slat Entrapments: Thirty-four percent (38 out of 113 non-
fatalities) of reported nonfatal incidents involved arm or leg 
entrapments between the slats of the crib, even though a crib bumper 
was present. Seven of the 38 slat entrapments reportedly involved a 
breathable bumper or mesh liner. Of the 38 slat entrapments, 27 
incurred injuries.
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    \7\ Percentages may not sum to 100 due to rounding.
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    2. Climbing or Climb-Outs: Eleven percent (12 out of 113 non-
fatalities) of reported nonfatal incidents occurred when a child, old 
enough to stand up, reportedly used the bumper as a step to climb. The 
child often fell back into the crib or fell out of the crib. The 
youngest children in these incidents were two 7-month-old children.
    3. Under or Behind Bumper: In nine percent (10 out of 113 non-
fatalities) of reported nonfatal incidents, the child or some part of 
the child was found under or behind (i.e., against the crib side) the 
crib bumper. In seven cases, the child reportedly was trapped under or 
behind the bumper. In two cases, the bumper covered the child's face, 
but the child was not entrapped. In one case, the face was under the 
bumper while the legs were trapped in the slats. Some of these cases 
reported that the bumper was missing bottom ties.
    4. Near-Strangulation or Entanglements: Seven percent (8 out of 113 
non-fatalities) of reported nonfatal incidents involved the tie, 
threading, or stitched-on components of a crib bumper becoming loose 
and wrapping around body parts of the child. Half of these incidents 
specifically mention the head, mouth, or neck being wrapped up by a 
piece of a crib bumper. However, none of these incidents involved a 
bumper tie wrapping around a child's neck.
    5. Entrapped Against Object in Crib: In six percent (7 out of 113 
non-fatalities) of reported nonfatal incidents, the child was entrapped 
between a crib bumper and another object in the crib, such as a sleep 
positioner or an infant recliner.
    6. Choking or Ingestion of Small Parts: Six percent (7 out of 113 
non-fatalities) of reported nonfatal incidents involved choking or 
ingestions. These incidents generally involved the child putting a 
piece of the crib bumper, such as decorative stitched-on patterns, the 
ties, or the stuffing from inside the bumper, into their mouth.
    7. Other: Twelve percent (14 out of 113 non-fatalities) of reported 
nonfatal incidents were other issues involving a child, including: 
Bumper integrity issues such as ties detaching or being pulled off, 
stitching being pulled out, and paint rubbing off; injuries caused by 
contact with crib bumpers; needles found in the padding of the bumper; 
injuries, such as cuts and bruises on the crib rail, that occurred 
despite the presence of the bumper; portions of the crib (e.g., crib 
rails or slats, crib side) breaking or separating while bumpers were in 
use; and an entrapment between a crib toy and the crib mattress while 
in contact with the bumpers.
    8. Concerns: Fifteen percent (17 out of 113 non-fatalities) of 
reported nonfatal incidents and concerns did not involve an actual 
incident with a child, but instead, were general crib bumper-related 
problems observed by the parent or complainant. Common examples of 
concerns with crib bumpers were: Bumper integrity issues such as ties 
detaching or the bumper coming apart; concerns about poor bumper fit or 
bumpers missing the lower ties; and general concerns about bumpers 
posing a safety hazard.

V. Standards for Crib Bumpers

A. International Standard

    CPSC is aware of one international standard that contains 
performance requirements for crib bumpers/liners: BS EN 16780:2018, 
Textile child care articles--Safety requirements and test methods for 
children's cot bumpers. (BS EN 16780:2018).\8\ BS EN 16780:2018 has 
requirements to address falls from the crib, suffocation on materials, 
strangulation on cords, entrapment of fingers/toes, sharp or abrasive 
edges, choking, internal injuries from magnets, entrapment, 
strangulation, choking, cuts and abrasions. EN 16780:2018 also includes 
requirements pertaining to chemical hazards, fire hazards, and hygiene 
hazards.
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    \8\ The foreword to BS EN 16780:2018 states that the British 
Standard is the UK implementation of EN 16780:2018, and it partially 
supersedes BS 1877-10:2011+A1:2012. The foreword also states that 
``BSI, as a member of CEN, is obliged to publish EN 16780:2018 as a 
British Standard. However, attention is drawn to the fact that 
during the development of this European Standard, the UK committee 
voted against its approval.'' BS 1877-10:2011+A1:2012 has length and 
strength requirements for crib bumper ties similar to those in EN 
16780:2018, but does not have any thickness or firmness requirements 
for crib bumpers.
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    EN 16780:2018 requires that the design of the product prevent the 
crib bumper/liner from falling into the crib, but the design 
requirement does not have a test method. The standard does not have a 
requirement for the firmness of crib bumpers/liners. Additionally, 
although there are specific requirements (prohibitions) for plastic 
surfaces that could affect breathability, the rationale for that 
requirement assumes the air flow characteristics of the underlying 
woven fabric and filling materials are

[[Page 18882]]

adequate. The standard provides no basis for its rationale and lacks a 
test method. The contact of an infant's face into a soft crib bumper/
liner is not addressed.

B. State and Local Standards

    Some state and local jurisdictions have banned the sale of crib 
bumpers.
     Chicago, IL: The sale or lease of any ``crib bumper pad'' 
is illegal in Chicago, IL, effective April 5, 2012.\9\ The Chicago code 
defines a ``crib bumper pad'' as: ``any padding material, including but 
not limited to a roll of stuffed fabric, which is designed for 
placement within a crib to cushion one or more of the crib's inner 
sides adjacent to the crib mattress.''
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    \9\ Chicago, IL., Mun. Code section 7-36-112.
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     Maryland: Effective June 21, 2013, Maryland's Department 
of Health and Mental Hygiene (DHMH) published final regulations that 
declare ``baby bumper pads'' to be a hazardous material that may not be 
shipped or sold to a purchaser in Maryland. The Maryland regulation 
defines ``baby bumper pad'' as: ``a pad or pads of non-mesh material 
resting directly above the mattress in a crib, running the 
circumference of the crib or along the length of any of the interior 
sides of the crib, and intended to be used until the age that an infant 
pulls to a stand.'' The regulation also states that a ``new'' ASTM 
voluntary standard for these products might replace the ban if the DHMH 
Secretary determines that products complying with the ASTM standard are 
not a danger to public health and safety, and that the Secretary may 
suspend the regulation if the CPSC affirmatively finds that the 
benefits of certain bumpers exceed the risks. The ban does not apply to 
mesh crib liners or to vertical bumpers that wrap tightly around each 
individual crib rail.\10\
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    \10\ See https://phpa.health.maryland.gov/mch/Pages/crib-bumpers.aspx.
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     Watchung, NJ: On December 15, 2016, the borough of 
Watchung, NJ, amended its police regulations to prohibit the sale or 
lease of ``crib bumper pads,'' \11\ which are defined as: ``any padding 
material, including but not limited to a roll of stuffed fabric or 
breathable liner, which is designed for placement within a crib to 
cushion one or more of the crib's inner sides adjacent to the crib 
mattress.'' The ordinance explicitly states that mesh liners are not 
included in the definition of ``crib bumper pad.''
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    \11\ Revised General Ordinances of the Borough of Watchung, 
Chapter VI section 6-13, Ord. No. 2016-15.
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     Ohio: On April 6, 2017, Ohio banned the manufacture, sale, 
or delivery of ``crib bumper pads,'' \12\ defined as: ``any padding 
material, including a roll of stuffed fabric, that is designed for 
placement within a crib to cushion one or more of the crib's inner 
sides adjacent to the crib mattress.'' The definition also states that 
``crib bumper pad'' excludes mesh crib liners, regardless of whether 
CPSC includes mesh liners in its definition of ``crib bumper pad.'' The 
ban excludes mesh crib liners for no more than 3 years after the 
effective date, unless such liners comply with consumer product safety 
standards promulgated by CPSC to ensure sufficient permeability and 
breathability to prevent infant suffocation.
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    \12\ 37 Ohio Rev. Code section 3713.
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    The states of Missouri, New York, and Vermont are considering 
similar bans. In addition, in June 2019, a bill to ban the manufacture, 
importation, and sale of crib bumpers in the United States, the ``Safe 
Cribs Act of 2019'' (H.R. 3170 and S. 1816), was introduced in 
Congress. The bill, as introduced, defined the term ``crib bumper'' 
broadly to include not only traditional padded crib bumpers, but also 
mesh crib liners and vertical bumpers, or crib slat covers. However, on 
July 10, 2019, the House Committee on Energy and Commerce, Subcommittee 
on Consumer Protection and Commerce, amended the definition of ``crib 
bumper'' in H.R. 3170 to exclude mesh liners.

VI. Voluntary Standard--ASTM F1917

A. Background

    ASTM F1917, Standard Consumer Safety Performance Specification for 
Infant Bedding and Related Accessories, contains requirements for 
infant bedding and related accessories, including crib bumpers, in the 
United States. The current version of the voluntary standard was 
published in 2012 (ASTM F1917-12). This is the third revision since the 
standard was first published in 1999.

B. Description of the Current Voluntary Standard--ASTM F1917-12

    ASTM F1917-12 includes the following key provisions: Scope, 
terminology, general requirements, performance requirements, test 
methods, and labeling requirements. Tab C of the staff's briefing 
package provides details about the standard. We summarize key 
provisions below.
    The scope section of ASTM F1917-12 provides that the standard 
applies to ``infant bedding and related accessories.'' Section 3.1.4 of 
ASTM F1917-12 defines the term ``infant bedding and related 
accessories'' to include the following items intended for use in a 
nursery: Fitted sheets, blankets, dust ruffles, covers and drapes for 
canopies, pillows, mattress covers, diaper stackers, fabric wall, 
bumper guards, headboard bumper guards, and comforters. This proposed 
rule would apply only to crib bumpers. ASTM F1917-12 does not define 
``crib bumper.''
    ASTM F1917-12 contains general requirements for the bumper's 
attachment means (e.g., ties), decorative components, and threads. 
Section 5 of ASTM F1917-12 requires crib bumpers to be ``capable of 
being secured at or near all corners and at the midpoints of the long 
sides of the crib,'' and specifies that bumpers intended for circular 
cribs must be capable of being secured at intervals not exceeding 26 
inches.
    Section 6 of ASTM F1917-12 includes performance requirements and 
test methods for unsupported vinyls, maximum bumper thickness, and 
bumper pad tie strength. ASTM F1917-12 defines unsupported vinyl as 
vinyl that is not integrated to a backing material. The standard 
requires that unsupported vinyl that is accessible to an infant be 
0.012-in (0.3mm) thickness or greater. The maximum bumper thickness 
requirement in ASTM F1917-12 uses a bumper thickness test fixture to 
limit the maximum thickness of crib bumpers to about 2 inches. The 
bumper thickness test applies only to crib bumpers manufactured of 
fabric and filled with a fibrous material. The bumper pad tie strength 
requirement in AST MF1917-12 only applies to ties, and no other means 
of attachment.
    Section 8 of ASTM F1917-12 contains warning and instructional 
requirements for infant bedding and related accessories, and includes 
warnings that must appear on certain products covered by the standard.

VII. Assessment of the Voluntary Standard ASTM F1917-12

    CPSC assessed the adequacy of ASTM F1917-12 on the basis of the 
incident data and hazard patterns, and on CPSC's review of the current 
voluntary standard for issues requiring clarification. A more stringent 
standard than the current ASTM standard is necessary to further reduce 
the risk of injury associated with crib bumpers. Accordingly, the 
proposed rule includes substantial changes and additions to the 
existing voluntary standard requirements.

A. Addition of Crib Bumper Definition

    ASTM F1917-12 includes several performance and labeling 
requirements for crib bumpers. However, the

[[Page 18883]]

voluntary standard identifies these products inconsistently as: 
``bumper pad'' (section 6.3, 7.4, 7.4.1, Note 2), ``bumper guards'' 
(3.1.4, 5.1, 5.4), ``headboard bumper guards'' (3.1.4, 5.1), 
``headboard/bumper set'' (8.2.1), ``bumper'' (3.1.1, 6.2, Figure 1 
caption, 7.3, 8.2.1), and ``crib bumper'' (6.2). The voluntary standard 
does not define any of these terms. The Commission is proposing a broad 
definition that encompasses traditional crib bumpers as well as mesh 
crib liners. Products that cover only the top rail of a crib would not 
be considered crib bumpers. Such top rail covers do not serve the same 
function as a crib bumper or mesh liner. Taking these factors into 
account, the Commission proposes to define products that are subject to 
the rule in the following way:
    crib bumper/liner, n--any product intended to be placed against any 
portion of the interior perimeter of a crib, and that reduces or 
eliminates an infant's access to the crib sides, slats, spindles, or 
the spaces between these components.
    Discussion--Such products are commonly referred to as crib bumpers, 
crib liners, mesh liners, bumper pads, bumper guards, and headboard 
panels, but do not include products intended to cover only the top 
horizontal rail of a crib.
    Defining the products that are subject to the rule using consistent 
terms will further reduce the risk of injury associated with crib 
bumpers by providing clarity to manufacturers and testing laboratories 
about which products are subject to the requirements of the proposed 
rule. The ASTM Infant Bedding subcommittee intends to ballot this 
definition as part of its revisions to the F1917 standard.

B. Suffocation Hazard

1. Crib Bumper Thickness
    Pillows, and other soft, pillow-like objects can pose a suffocation 
hazard to infants by conforming to the face and blocking the nose and 
mouth. ASTM F1917-12 addresses the potential suffocation hazard posed 
by crib bumpers by limiting the maximum thickness of crib bumpers to 
about 2 inches, thereby eliminating soft, pillow-like crib bumpers from 
the marketplace. The ASTM standard specifies a bumper thickness test 
fixture to assess the bumper's thickness, by limiting the maximum 
thickness of crib bumpers to about 2 inches, thereby eliminating soft, 
pillow-like crib bumpers from the marketplace.13 14 However, 
ASTM F1917-12 only applies this test to bumpers manufactured of fabric 
and filled with a fibrous material. The Commission proposes to apply 
this thickness requirement to all crib bumpers/liners, regardless of 
their construction, because bumpers made from other materials (e.g., 
filled with foam) still could be soft and pillow-like, and pose the 
same hazard. Broadening the existing requirement to apply to all crib 
bumpers/liners would further reduce the risk of suffocation. The ASTM 
Infant Bedding subcommittee intends to ballot a similar change to the 
F1917 standard.
---------------------------------------------------------------------------

    \13\ ASTM F1917-12, Section X1.1.
    \14\ Petition CP 12-2, ``Petition Requesting a Performance 
Standard to Distinguish and Regulate Hazardous Pillow-Like Crib 
Bumpers from Non Hazardous Traditional Crib Bumpers Under Sections 7 
and 9 of the Consumer Product Safety Act,'' from the Juvenile 
Products Manufacturers Association (JPMA).
---------------------------------------------------------------------------

    CPSC staff's testing of crib bumper samples also identified some 
bumpers that passed through the bumper test fixture, but at such an 
extremely slow rate that staff found it difficult to determine whether 
the bumper passed or failed the test. Thus, the Commission is proposing 
to include a minimum rate at which the bumper must pass through the 
fixture to more clearly delineate a pass from a fail. Specifically, the 
Commission proposes a rate of no less than 0.5 inches per second. 
Because the surface finish of the slot in the bumper thickness test 
fixture can affect how quickly a bumper can slide through it and can 
introduce variation among test laboratories and fixtures, the 
Commission is also proposing a minimum finish requirement for the test 
fixture. Specifically, the Commission proposes a surface finish of 1.6 
Ra (roughness average), which is a common ``smooth'' specification and 
is practical to achieve. Both of these additional requirements--the 
recommended rate and the recommended surface finish--should further 
reduce the risk of suffocation by improving a test laboratory's ability 
to identify crib bumpers that would fail the thickness test.
    2. Crib Bumper Firmness. The F1917-12 maximum thickness requirement 
for crib bumpers is intended to address the suffocation hazard by 
eliminating ``soft'' pillow-like crib bumpers. However, thickness is 
not the same as softness, and the ability of a surface to conform 
around a child's face is an important indicator of suffocation hazards. 
Currently, one could make a crib bumper that would pass the maximum 
thickness requirement in ASTM F1917-12, but still would be soft enough 
to readily conform to an infant's face. In fact, a crib bumper that is 
especially soft could be thicker than the bumper thickness test fixture 
and still pass the maximum thickness test because of its very pliable, 
pillow-like quality. Thus, to further reduce the risk of injury 
associated with crib bumpers, the Commission proposes to include an 
additional firmness requirement.
    The Commission is proposing a firmness requirement and test method 
that is based on an Australian/New Zealand standard, AS/NZS 
8811.1:2013, Methods of Testing Infant Products: Part 1: Sleep 
Surfaces--Test for Firmness, which is intended to assess the firmness 
of infant mattresses and other horizontal sleep surfaces for 
``excessive compression.'' The test uses a device that consists of a 
circular disk of a certain size and weight, with an attached ``feeler 
arm'' that extends over the edge of the disk. The device is placed on 
the product, which compresses under the device's weight. If the 
compression is enough to cause the feeler arm to touch the surface of 
the product, the product fails. The test device was developed based on 
a device that was used in a German study to objectively measure the 
softness of mattresses and underlay surfaces as part of a case-control 
study of SIDS.
    The test's failure criteria are intended to identify soft surfaces 
that pose a three-fold increase in the risk of SIDS. CPSC staff tested 
crib bumper samples to the ASTM F1917-12 thickness requirement and to 
the proposed firmness requirement. Staff found that many bumpers that 
passed the thickness requirement would fail the firmness requirement. 
Although staff tested a limited number of samples, all bumper samples 
up to 0.8 inches thickness passed the firmness test, while all bumper 
samples 1.2 inches or greater failed the test; bumpers 1 inch thick had 
mixed results. Nevertheless, it is possible that some bumpers greater 
than 1 inch thick could be firm enough to pass the test, and some 
bumpers less than 1 inch could be soft enough to fail. One of the 
samples that failed the firmness test yet passed the F1917 maximum 
thickness test measured 2.5 inches thick, which is a half-inch thicker 
than the 2-inch slot that is used to test thickness. Its very 
pliability, or softness, allowed it to pass the thickness test.
    CPSC staff has been working with the ASTM Infant Bedding 
Subcommittee task group on crib bumper firmness. CPSC staff and members 
of the task group agree that the proposed firmness requirement and test 
method would address a worst-case scenario in which the crib bumper 
separates from the crib

[[Page 18884]]

side or otherwise protrudes into the sleep area and gets underneath an 
infant. In this scenario, the bumper would present a smothering-type 
suffocation hazard similar to a quilt or other piece of soft bedding 
that is able to conform to, and occlude, airway openings. CPSC is aware 
of nonfatal incidents involving bumpers without lower ties or with ties 
detaching from the bumper, either of which would allow for this 
scenario. Some reported fatalities have limited or conflicting details 
about the infant's face relative to the crib bumper, and these 
incidents might have involved this scenario. In addition, CPSC 
examination of crib bumper samples found that long continuous bumpers 
could be mistakenly installed on a crib in ways that would result in a 
loose fit and possible sagging. The proposed firmness requirement would 
reduce the risk of injury of bumpers in the event that consumers 
incorrectly install these products and the product enters the sleep 
area.
    The Commission also concludes that its proposed firmness 
requirement could improve the safety of crib bumpers by offering some 
protection against other smothering-type suffocation deaths where the 
victim's face is forcefully pressed against a bumper to fully or 
partially occlude external airway openings. Scenarios involving infant 
wedging or entrapment against a bumper, in general, and infant 
entrapment between the bumper and another object in the crib in 
particular, are especially common in the reported fatalities. Some of 
these incidents involve the face being pressed against the bumper, and 
a firmness requirement would reduce the risk of injury associated with 
this scenario, provided the applied pressure was not sufficient to 
compress and close nostril openings.
    The ASTM Infant Bedding subcommittee is preparing a ballot that 
includes the proposed firmness requirement.

C. Suffocation Hazard and Entrapment Hazard--Crib Bumper Attachment

    ASTM F1917-12 requires crib bumpers to be ``capable of being 
secured at or near all corners and at the midpoints of the long sides 
of the crib,'' and specifies that bumpers intended for circular cribs 
must be capable of being secured at intervals not exceeding 26 inches 
(section 5.4). CPSC has the following concerns with this provision:
     How ``near'' the corners a bumper would need to be to pass 
the requirement is not clear.
     The intervals specified--from 26 inches for a circular 
crib to 28 inches corner to corner for the short end of a crib--are 
large enough to easily allow a bumper to sag or to pull away from the 
crib side. CPSC is aware of reported fatalities involving bumpers that 
were sagging, and consumers have reported concerns about poor fit 
between bumpers and the crib in which they were installed.
     Crib bumpers can meet the requirement when they are not 
secured or flush at both the top and bottom edges of the bumper. CPSC 
is aware of reported fatalities and nonfatal incidents in which the 
victim was entrapped or able to slip beneath the bottom edge of the 
bumper, and there have been nonfatal incidents involving entrapment 
behind the bumper (i.e., between the bumper and the crib side). In 
addition, some consumers have reported concerns about bumpers that did 
not include ties along the bottom of the bumper.
    The Commission is proposing a new performance requirement that 
would replace the existing F1917 attachment requirements. The proposed 
requirement would not allow a small head probe to pass between an 
installed crib bumper and the interior crib side, at any location 
around the perimeter of the bumper most likely to fail. The small head 
probe is the same one used in ASTM F963, Standard Consumer Safety 
Specification for Toy Safety, and approximates the 5th percentile head 
size of an infant 0 to 3 months old.\15\ The Commission believes that 
this alternative attachment requirement and test method will further 
reduce the risk of injury associated with crib bumpers. Specifically, 
the proposed requirement could reduce the risks of suffocation and 
entrapment associated with infants accessing the spaces under and 
behind installed crib bumpers. The ASTM Infant Bedding subcommittee has 
formed a Bumper/Liner Attachment task group, which is developing a 
similar requirement for the F1917 voluntary standard.
---------------------------------------------------------------------------

    \15\ This probe, which is used to test for hazardous loops and 
cords, is based on the 5th percentile head length and breadth 
dimensions of an infant 0 to 3 months old (ASTM F963-03, Section 
A5.7.13).
---------------------------------------------------------------------------

D. Entanglement, Choking, and Suffocation Hazards--Crib Bumper Tie/
Attachment Means Strength Requirement

    Some nonfatal incidents and reported consumer concerns involved 
parts of the crib bumper (such as the ties, threads, or stitched-on 
decorative patterns) wrapped around the neck, limb or digit of the 
child. In addition to entanglement concerns, some incidents involved a 
child's ingestion of, or choking on, part of the crib bumper, such as a 
decorative stitched-on pattern or the bumper's filling material. The 
attachments means separating from the bumper could also pose a 
suffocation hazard, because this could allow the bumper to fall or sag 
into the crib.
1. Attachment Means, Decorative Components, and Seams
    ASTM F1917-12 includes a strength requirement for crib bumper ties. 
The ties must withstand a certain amount of force without detaching 
from the bumper. This requirement addresses the nonfatal incidents and 
reported consumer concerns involving crib bumper ties separating from 
bumpers. However, the standard does not define ``ties,'' but rather, 
``attachment means.'' Ties are merely one form of attachment means. 
Thus, the Commission is proposing to revise the strength requirement 
for bumper ties to apply to all attachment means, rather than just to 
ties. The ASTM Infant Bedding subcommittee currently is considering an 
identical change to the F1917 standard.
2. Decorative Components and Seams Strength Requirements
    In addition, the Commission is proposing to include strength 
requirements for decorative components and bumper seams so that they 
too must withstand a certain amount of force without detaching from the 
bumper. Because decorative components may be subjected to similar 
stressors as attachment means, the Commission proposes similar strength 
requirements for both. The proposed seam strength requirement includes 
a criterion that, after testing, there shall not be an opening that 
permits insertion of a 0.22-inch diameter rod. This diameter is based 
on the finger entrapment probe that is employed in many children's 
product tests.
    ASTM F1917-12 specifies certain dimensional limits (e.g., measured 
lengths or perimeters) for attachment means (section 5.1) and 
decorative components (5.2). However, the current language would pass 
crib bumpers that include components that exceed these limits after 
having been subjected to the strength testing, which could present 
entanglement and choking hazards. The Commission proposes to require 
crib bumpers to meet these dimensional limits both before and after 
strength testing.

[[Page 18885]]

E. Suffocation, Entanglement and Fall Hazards--Crib Bumper Warnings and 
Instructions

    ASTM F1917-12 includes marking and labeling requirements--primarily 
warning requirements--for crib bumpers. However, the Commission 
concludes that these requirements do not adequately address the risk of 
injury and death associated with crib bumpers. The current warning 
content, format, and placement requirements are deficient. Additional 
requirements, including requirements for warning permanence and 
instructional literature, would further reduce the risk of injury 
associated with crib bumpers.
1. Warning Content and Format
    The current F1917 warning provides incomplete and insufficient 
information about steps that consumers can take to reduce the risk of 
suffocation, and lacks key details about when and why crib bumpers 
should be removed from the crib. For example, CPSC is aware of reported 
fatalities involving entrapments between the bumper and another object 
in the crib, use of the bumper outside a crib (e.g., in a toddler bed 
or bassinet), and use of the bumper in a broken crib. The current 
warning requirement does not address these use patterns. CPSC also is 
aware of nonfatal incidents involving climbing or climb-outs, which the 
current warning requirement does not address explicitly. The Commission 
seeks comment on whether incidents of climbing or climb-out have 
resulted from a crib bumper or liner installed in a crib.
    In addition, the specified labeling and warning-format requirements 
are not consistent with the recommendations of the ASTM Ad Hoc Language 
task group. ASTM juvenile products standards have begun adopting these 
``Ad Hoc'' recommendations since 2016 to increase the consistency of 
on-product warning design among juvenile products, and to address 
numerous warning format issues related to capturing consumer attention, 
improving readability, and increasing hazard perception and avoidance 
behavior.
    On the basis of the issues identified above, the Commission 
proposes to replace the ASTM F1917-12 warning requirements to produce 
the following warning, in terms of content and general format:
[GRAPHIC] [TIFF OMITTED] TP03AP20.007

    Because crib bumper ties or other attachment means up to 7 inches 
long do not pose a strangulation hazard, the Commission proposes 
requiring the warning statement about entanglement and strangulation 
only for those bumpers with attachment means exceeding 7 inches in 
length.\16\ The Commission seeks comment on whether to require the last 
two sentences about removal of the product and climbing out.
---------------------------------------------------------------------------

    \16\ ASTM F1917-12 specifies that bumper ties cannot be longer 
than 9 inches, and staff recommends that the proposed rule apply 
this limit to all attachment means.
---------------------------------------------------------------------------

a. Warning Placement
    ASTM F1917-12 requires the warnings for crib bumpers to be 
``conspicuous,'' but does not define this term. Numerous ASTM juvenile 
product standards require warnings to be ``conspicuous,'' and they 
define this term in a way that enables one to assess conformance, 
typically by stating when the warning must be visible. Thus, to clarify 
the required placement of the warning on the product, the proposed rule 
includes a definition of ``conspicuous'' that is consistent with the 
definition used in many other ASTM juvenile product standards.
b. Warning Permanence
    ASTM F1917-12 requires the warnings for crib bumpers to be 
``permanent''; however, the standard neither defines ``permanent'' nor 
specifies how one would assess conformance to this requirement. Thus, 
the proposed rule includes requirements for warning permanence that are 
consistent with similar requirements in other ASTM juvenile products 
standards. The Commission proposes to require that warnings that are 
attached to the fabric with seams must remain in contact around the 
entire perimeter of the warning. This requirement is intended to avoid 
so called ``free-hanging'' labels, which can be removed easily.
c. Additional Crib Bumper Markings
    The proposed rule would require permanent markings on the crib 
bumper that indicate which portions of the bumper are intended for the 
long and short sides of the crib, except for those crib bumpers 
intended for circular cribs. This proposed requirement would reduce the 
likelihood of consumers

[[Page 18886]]

installing the bumper incorrectly, and thus will reduce the potential 
for loose or sagging bumpers. CPSC is aware of fatal incidents 
involving sagging bumpers, and consumers have reported concerns about 
installation difficulties and poor bumper fit.
d. Instructional Literature
    ASTM F1917-12 does not include requirements for instructional 
literature to accompany crib bumpers. Numerous ASTM juvenile product 
standards require manufacturers to provide instructions with the 
product. Given the importance of proper bumper installation, the 
Commission concludes that instructional literature regarding 
installation is essential to adequately address the risk of injury and 
death associated with bumpers. In addition, the ASTM Ad Hoc Language 
task group has published recommended requirements for instructional 
literature and for the formatting of warnings in instructional 
literature. Thus, the proposed rule includes requirements for 
instructional literature, largely based on the Ad Hoc Language 
recommended requirements.

F. Commission Direction Pertaining to Crib Bumpers

    In the FY 2017 Operating Plan, the Commission stated that in 
developing a proposed standard, CPSC staff shall, at a minimum:
     ``Develop a performance requirement and test method to 
show that a crib bumper is firm enough not to conform to the face of an 
infant, based on known anthropometric parameters;''
     ``develop a performance requirement and test method based 
on known infant inhalation and exhalation requirements and 
anthropometric parameters to demonstrate that a crib bumper matches or 
exceeds the airflow characteristics of mesh or mesh-like materials, 
taking into account the safety of infants with compromised breathing;'' 
and
     ``compose warnings and instructions on the product that 
explain all of the types of cribs on which the product can and cannot 
be installed, clear advice about how to install the product and at what 
age of the child to stop using the product.''
1. Firmness
    CPSC staff performed work to develop an anthropometry-based probe. 
However, the rigidity of the probe's cone-shaped protrusion does not 
necessarily represent the highly flexible cartilage in young infants' 
noses, and therefore, might not account for the potential of the nose 
to compress and close the nostrils when pressure is applied. In 
addition, in performing preliminary testing of crib bumper samples 
using the anthropometry-based probe, staff was unable to establish a 
clear pass-fall criterion. As a result, staff is uncertain whether the 
probe would accurately measure or relate to the risk of suffocation. 
Consequently, staff's recommended firmness is not based on 
anthropometric parameters. Thus, the Commission is proposing adding a 
firmness requirement to ASTM's requirements, but the proposed 
requirement is not based on anthropometric parameters.
2. Airflow
    The current ASTM voluntary standard for crib bumpers does not 
include an airflow-related performance requirement. CPSC staff 
developed a test method for assessing the airflow of crib bumpers that 
is based on British standard BS 4578:1970, Specification for Methods of 
Test for Hardness of, and for Air Flow Through, Infants' Pillows, and 
British standard BS 1877-8:1974, Specification for Domestic bedding--
Part 8: Pillows and bolsters for domestic use (excluding cellular 
rubber pillows and bolsters). Staff modified the test method to use a 
``breathing'' rate that is physiologically representative of a sleeping 
3-month old infant by using a 2 L/min airflow. Although staff's test 
could be used to distinguish mesh liners from most padded crib bumpers, 
as discussed more fully in the briefing package, CPSC staff was unable 
to conclude that the requirement would reduce the risk of injury 
associated with crib bumpers. Thus, CPSC staff did not recommend an 
airflow requirement for crib bumpers.
    However, on January 22, 2020, the Commission held an all-day public 
hearing regarding the draft NPR and the risks associated with crib 
bumpers. At the hearing, the Commission heard testimony that millions 
of mesh crib liners have been sold over almost two decades without 
known associated fatalities. Moreover, CPSC staff has identified at 
least four infant deaths where the victim's face was reported to be in 
contact with a bumper, and determined that the death likely could have 
been prevented had the bumper been replaced with a mesh liner or 
vertical bumper. Given the testimony submitted at the January 2020 
hearing about the lack of fatalities associated with mesh crib liners 
and the fact that airflow tests can differentiate mesh from traditional 
padded bumpers, the Commission is proposing an airflow performance 
requirement and test method based on British Standard BS 4578:1970, 
Specification for Methods of Test for Hardness of, and for Air Flow 
Through, Infants' Pillows, with modifications. The Commission believes 
this additional requirement will further reduce the risk of injury 
associated with crib bumpers. The Commission seeks comment on whether 
alternative test methods, such as ASTM D737-18, Standard Test Method 
for Air Permeability of Textile Fabrics, can be correlated with results 
from the British Standard, as modified, and whether adopting an 
alternative test method offers benefits.
3. Warnings and Instructions
    CPSC staff addressed the Commission's request related to warnings 
and instructions by recommending the following revisions to ASTM F1917-
12 for the proposed rule in the staff briefing package:
     New warning statements about only using crib bumpers in 
unbroken, full-size cribs, and not using bumpers in toddler beds or 
bassinets;
     More explicit descriptions of how the bumper should fit 
when properly installed; and
     More details about when and why consumers should remove 
crib bumpers from a crib.
    As discussed in Section VII.E of this preamble, the proposed rule 
includes these modifications to ASTM F1917-12.

VIII. Proposed Standard for Crib Bumpers

    The Commission proposes to incorporate by reference ASTM F1917-12, 
Standard Consumer Safety Performance Specification for Infant Bedding 
and Related Accessories, with modifications that would further reduce 
the risk of injury or death associated with crib bumpers. The proposed 
modifications are discussed in detail in the Section VII of this 
preamble and are summarized below:
     Add a ``crib bumper/liner'' definition.
     Revise the crib bumper thickness requirement to apply to 
all crib bumpers and liners, and revise the test method by adding a 
minimum rate at which the bumper must pass through the test fixture and 
a surface finish requirement of 1.6 Ra for the text fixture.
     Add a crib bumper firmness requirement and test method.
     Add a crib bumper airflow requirement and test method.
     Replace the existing requirement for crib bumpers to be 
capable of being secured at certain locations with a new crib bumper 
attachment requirement and test method.

[[Page 18887]]

     Revise the strength requirement for crib bumper ties to 
apply to all attachment means, and add new strength requirements and 
test methods for decorative components and seams.
     Revise the crib bumper warning content, format, and 
placement requirements; add warning permanence requirements and test 
methods; and add a requirement for additional crib bumper markings.
     Add crib bumper instructional literature requirements.
Vertical Bumpers
    At the hearing in January 2020, the Commission heard testimony that 
vertical bumpers, or slat covers, have been sold since 2008 without 
fatalities and have been used by consumers caring for children with 
special needs. Furthermore, vertical bumpers have been exempted from 
some state regulations addressing crib bumpers. Consequently, the 
Commission also seeks comment on reports of any incidents or injuries 
associated with vertical bumpers; the recommended user population, 
market size and expected, useful lifespan of vertical bumpers; what 
design characteristics of vertical bumpers are critical for safety, 
such as shape, thickness, fill materials, and attachment means; whether 
there are any requirements in this proposal from which vertical bumpers 
should be exempt and why; and whether any test methods need to be 
modified for testing vertical bumpers.

IX. Proposed Amendment to 16 CFR Part 1112 To Include NOR for Bumpers

    The CPSA establishes certain requirements for product certification 
and testing. Products subject to a consumer product safety rule under 
the CPSA, or to a similar rule, ban, standard or regulation under any 
other act enforced by the Commission, must be certified as complying 
with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). 
Certification of children's products subject to a children's product 
safety rule must be based on testing conducted by a CPSC-accepted third 
party conformity assessment body. Id. 2063(a)(2). The Commission must 
publish an NOR for the accreditation of third party conformity 
assessment bodies to assess conformity with a children's product safety 
rule to which a children's product is subject. Id. 2063(a)(3). Thus, 
the proposed rule for 16 CFR part 1240, Safety Standard for Crib 
Bumpers/Liners, if issued as a final rule, would be a children's 
product safety rule that requires the issuance of an NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
codified at 16 CFR part 1112 (``part 1112'') and effective on June 10, 
2013, which establishes requirements for accreditation of third party 
conformity assessment bodies to test for conformity with a children's 
product safety rule in accordance with section 14(a)(2) of the CPSA. 
Part 1112 also codifies all of the NORs the Commission issued 
previously.
    All new NORs for new children's product safety rules, such as the 
crib bumper/liner standard, require an amendment to part 1112. To meet 
the requirement that the Commission issue an NOR for the crib bumper/
liner standard, as part of this NPR, the Commission proposes to amend 
the existing rule that codifies the list of all NORs issued by the 
Commission to add crib bumpers/liners to the list of children's product 
safety rules for which the CPSC has issued an NOR.
    Test laboratories applying for acceptance as a CPSC-accepted third 
party conformity assessment body to test to the new standard for crib 
bumpers/liners would be required to meet the third party conformity 
assessment body accreditation requirements in part 1112. When a 
laboratory meets the requirements as a CPSC-accepted third party 
conformity assessment body, the laboratory can apply to the CPSC to 
have 16 CFR part 1240, Safety Standard for Crib Bumpers/Liners, 
included in the laboratory's scope of accreditation of CPSC safety 
rules listed for the laboratory on the CPSC website at: www.cpsc.gov/labsearch.

X. Proposed Amendment to Definitions in Consumer Registration Rule

    The statutory definition of ``durable infant or toddler product'' 
in section 104(f) applies to all of section 104 of the CPSIA. In 
addition to requiring the Commission to issue safety standards for 
durable infant or toddler products, section 104 of the CPSIA also 
directs the Commission to issue a rule requiring that manufacturers of 
durable infant or toddler products establish a program for consumer 
registration of those products. 15 U.S.C. 2056a(d).
    Section 104(f) of the CPSIA defines the term ``durable infant or 
toddler product'' as ``a durable product intended for use, or that may 
be reasonably expected to be used, by children under the age of 5 
years''; and lists examples of 12 such product categories. The examples 
do not include crib bumpers.
    (f) DEFINITION OF DURABLE INFANT OR TODDLER PRODUCT. As used in 
this section, the term ``durable infant or toddler product''--
    (1) means a durable product intended for use, or that may be 
reasonably expected to be used, by children under the age of 5 years; 
and
    (2) includes--
    (A) full-size cribs and non-full-size cribs;
    (B) toddler beds;
    (C) high chairs, booster chairs, and hook-on-chairs;
    (D) bath seats;
    (E) gates and other enclosures for confining a child;
    (F) play yards;
    (G) stationary activity centers;
    (H) infant carriers;
    (I) strollers;
    (J) walkers;
    (K) swings; and
    (L) bassinets and cradles.
    Id. 2056a(f).
    In 2009, the Commission issued a rule implementing the consumer 
registration requirement. 16 CFR part 1130. As the CPSIA directs, the 
consumer registration rule requires each manufacturer of a durable 
infant or toddler product to: Provide a postage-paid consumer 
registration form with each product; keep records of consumers who 
register their products with the manufacturer; and permanently place 
the manufacturer's name and certain other identifying information on 
the product. When the Commission issued the consumer registration rule, 
the Commission identified six additional products as ``durable infant 
or toddler products'':
     Children's folding chairs;
     changing tables;
     infant bouncers;
     infant bathtubs;
     bed rails; and
     infant slings.
    16 CFR 1130.2. The Commission stated that the specified statutory 
categories were not exclusive, but that the Commission should 
explicitly identify the product categories that are covered. The 
preamble to the 2009 final consumer registration rule states: ``Because 
the statute has a broad definition of a durable infant or toddler 
product but also includes 12 specific product categories, additional 
items can and should be included in the definition, but should also be 
specifically listed in the rule.'' 74 FR 68668, 68669 (Dec. 29, 2009).
    On October 19, 2016, the Commission voted to consider crib bumpers 
to be durable infant or toddler products and directed staff to develop 
a notice of proposed regulation for crib bumpers

[[Page 18888]]

under section 104 of the Consumer Product Safety Improvement Act. In 
this document, the Commission proposes to amend the definition of 
``durable infant or toddler product'' in the consumer registration rule 
to clarify that crib bumpers fall within the term ``durable infant or 
toddler product'' as used in the product registration card rule and 
section 104 of the CPSIA. Crib bumpers are intended for, and reasonably 
expected to be used by, children under age 5. They are used with cribs, 
a product the CPSIA identifies as an example of a durable infant or 
toddler product. Like the other product categories, crib bumpers are 
covered by voluntary standard.

XI. Incorporation by Reference

    The Commission proposes to incorporate by reference ASTM F1917-12, 
with modifications to the standard, discussed above. The Office of the 
Federal Register (OFR) has regulations concerning incorporation by 
reference. 1 CFR part 51. For a proposed rule, agencies must discuss in 
the preamble of the NPR ways that the materials the agency proposes to 
incorporate by reference are reasonably available to interested persons 
or how the agency worked to make the materials reasonably available. In 
addition, the preamble of the proposed rule must summarize the 
material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section VI of this 
preamble summarizes the provisions of ASTM F1917-12 that the Commission 
proposes to incorporate by reference. ASTM F1917-12 is copyrighted. By 
permission of ASTM, the standard can be viewed as a read-only document 
during the comment period on this NPR, at: http://www.astm.org/cpsc.htm. Interested persons may also purchase a copy of ASTM F1917-12 
from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; http://www.astm.org/cpsc.htm. One may also 
inspect a copy at CPSC's Division of the Secretariat, U.S. Consumer 
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, 
MD 20814, telephone 301-504-7923.

XII. Effective Date

    The Administrative Procedure Act (APA) generally requires that the 
effective date of a rule be at least 30 days after publication of the 
final rule. 5 U.S.C. 553(d). The Commission proposes to incorporate by 
reference ASTM F1917-12, with modifications. To allow time for bumper 
manufacturers to bring their products into compliance after a final 
rule is issued, the Commission proposes that the rule would take effect 
6 months after publication of the final rule in the Federal Register. 
The rule would apply to products manufactured or imported on or after 
that date. Barring evidence to the contrary, the Commission generally 
considers 6 months to be sufficient time for suppliers to come into 
compliance with a new standard. Six months is also the period that JPMA 
typically allows for products in its certification program to shift to 
a new standard once that new standard is published. CPSC invites 
comments, particularly from small businesses, regarding the amount of 
time they will need to come into compliance. We also propose a 6-month 
effective date for the amendments to parts 1112 and 1130.

XIII. Regulatory Flexibility Act

A. Introduction

    Under Section 603 of the RFA, if a notice of proposed rulemaking is 
required, agencies must prepare an initial regulatory flexibility 
analysis (IRFA) and make it available to the public for comment when 
the general notice of proposed rulemaking is published, unless the head 
of the agency certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. The IRFA 
must describe the impact of the proposed rule on small entities and 
identify significant alternatives that could accomplish the statutory 
objective while minimizing any significant economic impact. 
Specifically, the IRFA must contain:
     A description of the reasons why action by the agency is 
being considered;
     a succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     a description of and, where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     a description of the projected reporting, recordkeeping, 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities subject to the requirements 
and the type of professional skills necessary for the preparation of 
reports or records; and
     an identification, to the extent possible, of all relevant 
federal rules which may duplicate, overlap, or conflict with the 
proposed rule.

B. Market Description

    Crib bumpers range in price from $12 to $500, and also are sold in 
bedding sets, which can range in price from $80 to $1,200. 
Manufacturers typically produce only a few models with differences in 
color, art design, cover material, and filling material being the 
primary identifying factors. Those products at the higher end of the 
price range typically are decorated with detailed paint or woven art.

C. Objectives and Legal Basis for Proposed Rule

    The objective of this proposed rule is to reduce the risk of injury 
and death associated with crib bumpers. CPSC staff identified 113 
fatalities from 1990 to March 2019 and 113 nonfatal incidents from 2008 
to 2019 associated with crib bumpers.
    The legal basis of the proposed rule is Section 104 of the CPSIA, 
which requires the CPSC to examine and assess the effectiveness of any 
voluntary consumer product safety standards for durable infant or 
toddler products, and promulgate consumer product safety standards that 
are substantially the same as the voluntary standards or more stringent 
than the voluntary standards, if the Commission determines that more 
stringent requirements would further reduce the risk of injury 
associated with the products.

D. Crib Bumpers in Use

    Based on information from the 2013 CPSC Durable Nursery Products 
Exposure Survey of U.S. households with children under 6 years old:
     An estimated 9.2 million cribs were in use in households 
with young children in 2013. This represented about 73 percent of the 
estimated 12.6 million total cribs owned by households (i.e., about 3.4 
million cribs were owned, but not in use).
     Among the 9.2 million cribs in use, an estimated 5.3 
million were equipped with bumpers. This represents about 55 percent of 
the 9.9 million total bumpers owned by households (i.e., about 4.5 
million bumpers were owned, but not in use).
    In addition to the products in use in households with young 
children, as estimated from the survey, cribs and bumpers are probably 
in use in some households without young children (e.g., unsurveyed 
homes of older adults providing care for grandchildren). Additionally, 
the survey did not cover child care facilities. One childcare industry 
group's 2018 directory lists more than 115,000 licensed childcare 
centers and more than 137,000 home daycare providers, some of which may 
use cribs and bumpers. Furthermore, the survey did not cover hotels or 
other commercial lodging establishments. The U.S. Bureau of Labor 
Statistics (BLS)

[[Page 18889]]

reports that there are about 70,000 lodging establishments in the 
accommodation industry sector, North American Industry Classification 
System (NAICS) code 721. Based on the Commission's contacts with 
childcare and lodging facilities, bumper usage in such establishments 
is probably low.

E. Small Entities to Which the Proposed Rule Would Apply

    Manufacturers of crib bumpers are typically categorized under the 
NAICS category 314120 (Curtain and Linen Mills) but may also fall under 
code 314999 (All Other Miscellaneous Textile Product Mills). Curtain 
and linen mills are considered small if they have fewer than 750 
employees; miscellaneous textile product mills are considered small if 
they have fewer than 500 employees.\17\ Importers of crib bumpers are 
typically categorized under NAICS code 423220 (Home Furnishing Merchant 
Wholesalers) and would be considered small if they have fewer than 100 
employees.
---------------------------------------------------------------------------

    \17\ The size guidelines are established by the U.S. Small 
Business Administration (SBA).
---------------------------------------------------------------------------

    Aside from small handcrafters selling products on electronic 
commerce websites, staff identified 46 manufacturers, distributors and 
importers. A total of 33 of these 46 firms meet the SBA criteria for 
small businesses.18 19 20 A majority of the 46 firms have 
under 25 employees with 8 firms meeting the criteria of a large firm. 
Most of the firms are domestic manufacturers (28), with domestic 
importers (7) and domestic distributors (6) accounting for a small 
minority. The lowest annual revenue among the 46 manufacturers, 
distributors, and importers was $135,000.
---------------------------------------------------------------------------

    \18\ Based on size and revenue data from Reference USA and firm 
financial reports, websites, and press releases.
    \19\ The Commission could not determine the status of five 
firms, but they are most likely small.
    \20\ Eleven of the forty-six firms identified supply mesh liner 
or similar mesh type products.
---------------------------------------------------------------------------

    A large number of producers supply crib bumpers to the U.S. market 
via electronic commerce websites such as Etsy. CPSC staff has 
identified 174 of these firms of which 86 are 
importers.21 22 CPSC staff considered these firms as small 
manufacturers/importers because many are one-person firms providing 
handcrafted nursery products with large varieties in materials and 
designs. These firms would be considered small by SBA size standards. 
The revenues for 81 of the small importers is most likely below $25,000 
based estimates from the Nonemployer Statistics from the U.S. Bureau of 
the Census. Of the five remaining small importers, one has annual 
revenue between $25,000 and $250,000 and the revenue of the other four 
is between $250,000 and $500,000.
---------------------------------------------------------------------------

    \21\ Based on a review of electronic commerce websites that 
specialize in handmade products.
    \22\ Approximately 90 percent of these small handcrafters 
provide traditional crib bumpers with mesh liner handcrafters 
accounting for only 4.6 percent.
---------------------------------------------------------------------------

F. Requirements of the Proposed Rule

    The proposed rule would incorporate by reference ASTM F1917-12 with 
modifications that CPSC believes may further reduce the risk of injury. 
The proposed rule would also make some changes to the definitions and 
terminology used in the standard to better clarify the requirements. If 
promulgated by the Commission, the proposed rule would, among other 
things:
     Establish a crib bumper firmness test that is partly 
adopted from the Australian/New Zealand Standard (AS/NZS 8811.1) for 
testing infant products. The test involves using a test fixture to 
measure firmness of the crib bumper at multiple points along its 
length.
     Establish maximum lengths for the attachments means and 
decorative components on bumper pads;
     Establish that the requirements for the length of 
attachment means and decorative components shall apply both before and 
after testing;
     Prohibit the use of monofilament thread;
     Establish a minimum thickness for accessible, unsupported 
vinyl material;
     Establish a test for limiting the maximum thickness of all 
crib bumpers;
     Establish a crib bumper airflow requirement and test 
method;
     Establish minimum strength requirements for attachment 
means and decorative components;
     Establish a strength requirement for bumper seams;
     Require crib bumpers to have labels identifying the 
manufacturer, distributor, or seller;
     Establish requirements for appropriate warning labels on 
crib bumpers;
     Establish requirements for the permanence of the warning 
labels;
     Require instructional literature to be provided with crib 
bumpers detailing the proper installation methods and the hazards 
associated with the crib bumpers;
     Establish a test to ensure the bumper remains securely 
attached to the crib side. The test involves inserting a probe between 
the crib bumper and the crib slat.
    In addition to the requirements outlined above, the proposed rule 
would modify or clarify some of the terms and definitions used in ASTM 
F1917-12. For example, the proposed rule would consistently refer to 
``crib bumpers/liners'' and not ``bumper pads,'' ``bumper guards,'' and 
similar terms that are sometimes used in ASTM F1917- 2. The proposed 
rule would also clarify the definitions of terms such as ``crib bumper/
liner,'' and ``conspicuous.''

G. Impact of Proposed Rule on Small Manufacturers

    If the proposal is finalized, manufacturers and importers of crib 
bumpers would be responsible for ensuring that their products comply 
with the rule. If their crib bumpers do not comply with the 
requirements, the manufacturers or importers will need to either modify 
the products or cease their manufacture or importation. Additionally, 
as required by section 14 of the CPSIA and its implementing 
regulations, manufacturers and importers of crib bumpers would be 
required to certify that their crib bumpers comply with the 
requirements of the proposed rule based on the results of third party 
testing by an accredited conformity assessment body.
    In 2018, CPSC collected a sample of crib bumpers to test them for 
compliance with the proposed rule. Although not a probability sample, 
CPSC tried to collect a wide variety of crib bumpers that included most 
types of crib bumpers that are available in the market place, including 
crib bumpers from the very small manufacturers or hand crafters. 
Although most of these crib bumpers would comply with many of the 
provisions of the proposed rule, the testing found that most models (7 
out of 11 models tested) would not pass the proposed firmness test. 
Additionally, many models would need to modify their warning labels' 
content, placement, and formatting to comply with the proposed rule. An 
air flow requirement that differentiates mesh liners from padded crib 
bumpers could effectively result in removing most padded crib bumpers 
from the market. The total size of the impact is dependent on the 
padded crib bumper product(s) share of revenue or consumer preferences. 
Staff identified one firm whose sole product is a crib bumper but it is 
unclear if this product would meet an air flow requirement due to its 
design. Some manufacturers of padded crib bumpers may be able to remove 
the padding or change the design of their products to meet the 
requirement.

[[Page 18890]]

H. Costs Associated With Modifying Products To Comply With the Proposed 
Rule

    Modifying most types of crib bumper designs to conform to the 
firmness requirement could be as simple as removing some of the filling 
material used in the bumper pad or using additional stitching to 
compact the loose fill material. The cost of making such modifications 
should not be significant. However, the braided type of crib bumper 
would likely fail the firmness requirement because the results depended 
upon where on the product it was tested. It is unclear if braided 
bumpers could be modified to meet this requirement. Moreover, the 
braided crib bumpers CPSC examined did not have any means by which they 
could be attached to the crib, which is also a requirement of the 
proposed rule.\23\ This implies that the proposed rule may result in 
the removal of braided crib bumpers from commerce. All firms identified 
as supplying braided bumpers are importers and not domestic 
manufacturers and represent approximately 6 percent of the identified 
importers.\24\ An airflow requirement that differentiates mesh liners 
from padded crib bumpers could effectively result in removing most 
padded crib bumpers from the market. Some manufacturers of padded crib 
bumpers may be able to remove the padding or change the design of their 
products to meet the requirement.
---------------------------------------------------------------------------

    \23\ Some braided crib bumper manufacturers have begun modifying 
their product to include a means to attach the product to the side 
of a crib as of May 2019.
    \24\ Currently total annual revenue and unit sales of braided 
bumpers is unknown but total annual revenue is expected to be under 
$150,000 as braided bumper importers appear to be firms with 1 to 2 
employees.
---------------------------------------------------------------------------

    Generally, the costs associated with providing instructional 
materials are low on a per unit basis. Many firms already provide 
instructions with their products, but they may have to change the 
content or formatting of the instructions to comply. Likewise, the cost 
of warning labels are generally low, especially if some warning labels 
are already present and the product itself does not have to be modified 
to accommodate new labels.

I. Third Party Testing Costs

    The proposed rule would require all manufacturers and importers of 
crib bumpers to meet third party testing requirements under section 14 
of the CPSA and 16 CFR part 1107.\25\ The Commission estimates that 
testing costs associated with testing to ASTM F1917-12 would be between 
$750 and $1,250 per sample tested.\26\ As the average number of crib 
bumper models per firm is two, this equates to a cost of at least 
$1,500 to $2,500 per firm, if no more than one sample per model to 
provide the required ``high degree of assurance'' that the model 
complies with the requirements. Under 16 CFR part 1107, manufacturers 
and importers will need to recertify their crib bumpers at least 
annually, unless the firm has also established a formal reasonable 
testing program, in which case they will have to recertify their crib 
bumpers at least every two years. Currently 21 of 207 small crib bumper 
manufacturers and importers are members of the JPMA, but it is unclear 
if any crib bumpers are certified to ASTM F1917-12. However, some of 
these firms produce other products that are already subject to other 
children's product safety rules and, therefore, familiar with these 
requirements. Many of the small firms that are not members of JPMA or 
that do not produce other products subject to children's product safety 
rules may be unfamiliar with the third party testing requirements.
---------------------------------------------------------------------------

    \25\ Third party testing will include any physical and 
mechanical test requirements specified in the final crib bumper 
rule.
    \26\ Based on quotes from testing laboratories that currently 
test children's products to ASTM standards.
---------------------------------------------------------------------------

    As noted, for a typical manufacturer or importer with two crib 
bumper models, the cost of third party testing will be at least $1,500 
to $2,500 to test and certify both models and this cost will be 
incurred at least once every other year. Generally, we consider impacts 
that exceed one percent of revenue to be potentially significant. As 
discussed above there are a substantial number of very small firms that 
either hand craft or import crib bumpers that are often sold through 
websites, such as Etsy.com, and more than three quarters of these very 
small firms are estimated to have annual revenues of less than $25,000. 
Even if these firms needed to test only one sample of each crib bumper 
to obtain the ``high degree assurance'' that the product would meet all 
the requirements of the rule, the cost of the third party testing would 
be at least 5 percent of one year's revenue and possibly more if their 
revenue was much less than $25,000. This impact would be significant. 
Many of these firms could be expected to stop supplying crib bumpers to 
the U.S. market because they are not able to increase their prices to 
cover the testing costs.
    The cost of the third party testing associated with the proposed 
rule could also be significant for small firms that are not among the 
very small firms discussed above. CPSC identified 13 small 
manufacturers and one importer of crib bumpers that have annual 
revenues between $25,000 and $250,000. If the third party testing costs 
are between $1,500 and 2,500, the cost could exceed one percent of the 
annual revenue of several of these firms as well and could be 
considered significant.

J. Summary of Impact on Small Manufacturers and Importers

    Because a majority of crib bumper firms supply padded crib bumpers, 
the air flow requirement could have an impact on a substantial number 
of small firms if they are unable to modify their products.\27\ Staff 
identified a total of 207 small manufacturers and importers that an air 
flow requirement could impact. The size of the impact would depend upon 
factors such as the cost to modify the products, the importance of 
padded crib bumpers to the firm in terms of revenue, or consumer 
preference for a padded crib bumper over a thin mesh liner. Nearly all 
firms supplying the U.S. market with crib bumpers also supply other 
infant products including, but not limited to crib mattresses, crib 
sheets, and blankets.\28\ CPSC expects that most crib bumpers currently 
on the market would comply with the other requirements of the proposed 
rule or could comply with minimal cost and effort by making 
modifications, such as modifying the language in the instructional 
material that already comes with the products, removing loose fill 
material and or using additional stitching. However, braided bumpers 
would likely fail the test requirements in the proposed rule and would 
be removed from the market. This could significantly impact the firms 
that supply braided crib bumpers. As noted above, the cost of the third 
party testing that manufacturers and importers would require in order 
to certify compliance with the rule could be significant for a 
substantial number of small firms as the third party testing costs 
could easily exceed one percent of annual revenues for many of the 
small suppliers. For small handcrafter firms that offer crib bumpers 
through channels such as Etsy.com the third party testing costs will 
likely exceed 5 percent of their total annual revenue.
---------------------------------------------------------------------------

    \27\ Approximately 90 percent of small handcrafter firms provide 
traditional padded bumpers.
    \28\ Staff identified one firm that only produces crib bumper 
products.

---------------------------------------------------------------------------

[[Page 18891]]

K. Other Federal Rules Which May Duplicate, Overlap, or Conflict With 
the Proposed Rule

    CPSC has not identified any other federal rules that duplicate, 
overlap, or conflict with the proposed rule.

L. Alternatives Considered To Reduce the Impact on Small Entities

    1. Adopt ASTM F1917-12 Without Modification. The Commission could 
propose to incorporate by reference ASTM F1917-12 without any 
modifications and direct staff to work with ASTM to improve warning 
labels, test methods, and the firmness of crib bumpers in a future 
revision of the voluntary standard. This alternative could reduce the 
impact of the rule on small businesses, but the reduction would not be 
expected to be very significant. As discussed in the analysis above, 
modifying crib bumpers to comply with the firmness requirement could be 
accomplished by reducing the amount of filler material or by 
incorporating additional stitching to compress the material. These 
modifications are not expected to be costly. Likewise the costs to 
modify or add warning labels or instructional material are expected to 
be low. The most significant impacts of the proposed rule would be 
associated with the third party testing requirements under section 14 
of the CPSA and 16 CFR part 1107, which would be required once the 
proposed rule became a mandatory children's product safety rule. These 
costs, however, would be largely unaffected by this alternative.
    2. Small Batch Exemption. Given the number of small crib bumper 
manufacturers using websites like Etsy, exempting small batch 
manufacturers from the testing requirements proposed under the rule 
might seem to be an alternative. However, under Section 14(d)(4)(C)(ii) 
of the CPSA, the Commission cannot ``provide any alternative 
requirements or exemption'' from third party testing for ``durable 
infant or toddler products,'' as defined in section 104(f) of the 
CPSIA. Consequently, the Commission is not proposing a small batch 
exemption.
    3. Reduce the Frequency of Periodic Testing for Very Small Crib 
Bumper Manufacturers. The Commission could amend 16 CFR part 1107 to 
reduce the frequency of periodic testing for small home-based 
businesses that produce crib bumpers. Currently, under the requirements 
of 16 CFR 1107.21, these firms need to conduct periodic third party 
tests every year, or, if they have a formal production testing plan, 
every 2 years. The testing costs associated with third party periodic 
testing could be substantially reduced if the Commission amended 
existing regulations to allow small home-based producers of crib 
bumpers to conduct periodic testing less frequently. One alternative 
for manufacturers with established production testing plans, would be 
to require third party periodic testing only after a certain number of 
units of a product (to be determined at a later time) had been 
produced, even if it meant that periodic third party tests would be 
conducted less frequently than every 2 years. The details of this 
alternative would be determined by the Commission; it might apply to 
all nursery products, or it might be limited to crib bumpers. However, 
all home-based firms would still be required to: (1) Produce conforming 
products; (2) conduct the initial certification tests (16 CFR 1107.20); 
(3) re-certify whenever there is a material change to the product (16 
CFR 1107.23); and (4) implement a production testing plan and conduct 
on going production tests (16 CFR 1107.21(c)).
    4. Delay the Effective Date of the Requirements. Typically, the 
Commission recommends an effective date of 6 months for durable nursery 
product rules. Six months is generally considered sufficient time for 
suppliers to come into compliance with a proposed durable infant and 
toddler product rule, unless there are specific reasons for a longer 
effective date. One alternative that could reduce the impact on small 
firms would be to set an effective date of 12 months. A later effective 
date could mitigate the effects of the rule on small businesses by 
delaying the need to conduct third party certification tests and 
allowing the businesses to spread the costs of bringing their crib 
bumpers into conformance over a longer period of time. For businesses 
that would choose to exit the crib bumper market (rather than produce 
conforming products), such a delay might also provide them with more 
time to adjust marketing towards other product offerings, sell 
inventory or consider alternative business opportunities.
    5. Not Issue a Mandatory Standard. Another option available to the 
Commission that would reduce the burden on small firms is to not adopt 
a mandatory standard for crib bumpers. This would eliminate the cost 
impacts described in the previous sections, including those associated 
with third party testing, and allow the small handcrafter firms to 
continue operations.

M. Impacts of Test Laboratory Accreditation Requirements on Small 
Laboratories

    In accordance with section 14 of the CPSA, all children's products 
that are subject to a children's product safety rule must be tested by 
a third party conformity assessment body that has been accredited by 
CPSC. These third party conformity assessment bodies test products for 
compliance with applicable children's product safety rules. Testing 
laboratories that want to conduct this testing must meet the NOR for 
third party conformity testing. CPSC has codified NORs in 16 CFR part 
1112. The Commission proposes to amend 16 CFR part 1112 to establish an 
NOR for testing laboratories to test for compliance with the proposed 
crib bumper standard. This section assesses the impact a proposed 
amendment would have on small laboratories.
    CPSC conducted a final regulatory flexibility analysis (FRFA) when 
it adopted part 1112. 78 FR 15836 (Mar. 12, 2013). The FRFA concluded 
that the accreditation requirements would not have a significant 
adverse impact on a substantial number of small laboratories because no 
requirements were imposed on laboratories that did not intend to 
provide third party testing services. The only laboratories CPSC 
expects to provide such services are laboratories that anticipated 
receiving sufficient revenue from the mandated testing to justify 
accepting the requirements as a business decision.
    For the same reasons, including the NOR for crib bumpers in part 
1112 would not have a significant impact on small laboratories. 
Moreover, CPSC expects that only a small number of laboratories would 
request accreditation to test crib bumpers, based on the number of 
laboratories that have applied for CPSC accreditation to test other 
juvenile products. Most laboratories would already have accreditation 
to test for conformance to other juvenile product standards; 
accordingly, the only cost would be to add the crib bumper standard to 
their accreditation. Test laboratories have indicated that this cost is 
extremely low when they are already accredited for other CPSIA section 
104 rules. Therefore, the Commission certifies that the NOR for the 
crib bumper standard will not have a significant impact on a 
substantial number of small entities.

XIV. Environmental Considerations

    The Commission's regulations address whether the agency must 
prepare an environmental assessment or an environmental impact 
statement. Under

[[Page 18892]]

these regulations, certain categories of CPSC actions normally have 
``little or no potential for affecting the human environment,'' and 
therefore, do not require an environmental assessment or an 
environmental impact statement. Safety standards providing requirements 
for products come under this categorical exclusion. 16 CFR 
1021.5(c)(1). The proposed rule falls within the categorical exclusion.

XV. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that are subject to public comment and review by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3521). In this document, pursuant to 44 U.S.C. 
3507(a)(1)(D), we set forth:

[ssquf] A title for the collection of information;
[ssquf] a summary of the collection of information;
[ssquf] a brief description of the need for the information and the 
proposed use of the information;
[ssquf] a description of the likely respondents and proposed frequency 
of response to the collection of information;
[ssquf] an estimate of the burden that shall result from the collection 
of information; and
[ssquf] notice that comments may be submitted to the OMB.

    Title: Safety Standard for Crib Bumpers/Liners.
    Description: The proposed rule would require crib bumpers/liners to 
comply with ASTM F1917-12, Standard Consumer Safety Performance 
Specification for Infant Bedding and Related Accessories, with several 
modifications, including modifications to their existing labels and new 
requirements for the provision of instructional literature. Section 8 
of ASTM F1917-12 contains requirements for marking and labeling. 
Proposed section 9 contains requirements for instructional literature. 
These requirements fall within the definition of ``collection of 
information,'' as defined in 44 U.S.C. 3502(3).
    Description of Respondents: Persons who manufacture or import crib 
bumpers/liners.
    Estimated Burden: We estimate the burden of this collection of 
information as follows:

                                   Table 1--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                     Number of     Frequency of    Total annual      Hours per     Total burden
           Burden type              respondents      responses       responses       response          hours
----------------------------------------------------------------------------------------------------------------
Labeling........................             220               2             440               1             440
Instructional literature........             220               2           8,800              20           8,800
                                 -------------------------------------------------------------------------------
    Total Burden................  ..............  ..............  ..............  ..............           9,240
----------------------------------------------------------------------------------------------------------------

    Our estimate is based on the following:
    There are 220 known entities supplying crib bumpers/liners to the 
U.S. market. All 220 firms are assumed to use labels already on both 
their products and their packaging, but the firms might need to make 
some modifications to their existing labels. The estimated time 
required to make these modifications is about 1 hour per model. Each 
entity supplies an average of two different models of crib bumper/
liner; therefore, the estimated burden associated with labels is 1 hour 
per model x 220 entities x 2 models per entity = 440 hours. We estimate 
the hourly compensation for the time required to create and update 
labels is $34.61 (U.S. Bureau of Labor Statistics, ``Employer Costs for 
Employee Compensation,'' March 2019, total compensation for all sales 
and office workers in goods-producing private industries, series id 
CMU201G000200000D: http://www.bls.gov/ncs/). Therefore, the estimated 
annual cost to industry associated with the labeling requirements is 
$15,228.20 ($34.61 per hour x 440 hours = $15,228.20). There are no 
operating, maintenance, or capital costs associated with the 
collection. The proposed rule would require instructions to be supplied 
with the product. Under the OMB's regulations (5 CFR 1320.3(b)(2)), the 
time, effort, and financial resources necessary to comply with a 
collection of information that would be incurred by persons in the 
``normal course of their activities'' are excluded from a burden 
estimate, where an agency demonstrates that the disclosure activities 
required to comply are ``usual and customary.'' Crib bumpers/liners 
require installation on an existing crib, which implies instructions 
for proper use, fit, position on a crib, and cleaning are necessary. 
Many of the firms already provide some instructional material, but some 
modifications to existing material may be necessary, and other firms 
supply little to no instructional information. Therefore, we have 
assumed that there will be a burden to all firms of modifying/creating 
instructional literature in this case. Each entity supplies an average 
of two different models of crib bumper/liner; therefore, the estimated 
burden associated with instructional literature is 20 hour per model x 
220 entities x 2 models per entity = 8,800 hours. We estimate the 
hourly compensation for the time required to create and update 
instructional material is $34.61 (U.S. Bureau of Labor Statistics, 
``Employer Costs for Employee Compensation,'' March 2019, total 
compensation for all sales and office workers in goods-producing 
private industries, series id CMU201G000200000D: http://www.bls.gov/ncs/). Therefore, the estimated annual cost to industry associated with 
the instructional material requirements is $304,568 ($34.61 per hour x 
8,800 hours = $304,568). There are no operating, maintenance, or 
capital costs associated with the collection. Not all firms would incur 
these costs every year, but new firms that enter the market would and 
the market may be highly fluctuating, particularly for small 
handcrafters.
    Based on this analysis, the proposed standard for crib bumpers/
liners would impose a burden to industry of 9,240 hours, at an 
estimated cost of $319,796.40 annually.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted the information collection requirements of 
this rule to the OMB for review. Interested persons are requested to 
submit comments regarding information collection by May 4, 2020, to the 
Office of Information and Regulatory Affairs, OMB (see the ADDRESSES 
section at the beginning of this document).
    Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:

[ssquf] The estimated burden hours required to modify warning labels;
[ssquf] the estimated burden hours required to modify instruction 
manuals;

[[Page 18893]]

[ssquf] whether the collection of information is necessary for the 
proper performance of the CPSC's functions, including whether the 
information will have practical utility;
[ssquf] the accuracy of the CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
[ssquf] ways to enhance the quality, utility, and clarity of the 
information to be collected;
[ssquf] ways to reduce the burden of the collection of information on 
respondents, including the use of automated collection techniques, when 
appropriate, and other forms of information technology.

XVI. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer product safety standard is in effect and applies to a product, 
no state or political subdivision of a state may either establish or 
continue in effect a standard or regulation that prescribes 
requirements for the performance, composition, contents, design, 
finish, construction, packaging, or labeling of such product dealing 
with the same risk of injury unless the state requirement is identical 
to the federal standard. Regulations or laws lacking performance or 
design requirements enacted by a state or a political subdivision of a 
state are not subject to this section. Section 26(c) of the CPSA also 
provides that states or political subdivisions of states may apply to 
the Commission for an exemption from this preemption under certain 
circumstances. Section 104(b) of the CPSIA refers to the rules to be 
issued under that section as ``consumer product safety rules.'' 
Therefore, the preemption provision of section 26(a) of the CPSA would 
apply to a rule issued under section 104.

XVII. Request for Comments

    This NPR begins a rulemaking proceeding under section 104(b) of the 
CPSIA to issue a consumer product safety standard for crib bumpers, to 
amend part 1112 to add crib bumpers to the list of children's product 
safety rules for which the CPSC has issued an NOR, and to amend part 
1130 to identify crib bumpers as a durable infant or toddler product 
subject to CPSC consumer registration requirements. We invite all 
interested persons to submit comments on any aspect of this proposal. 
In addition to requests for specific comments elsewhere in this NPR, 
the Commission requests comments on the proposed effective date, and 
the costs of compliance with, and testing to, the proposed crib bumper 
safety standard. Furthermore, the Commission invites comments on the 
following:
    1. Is the 2 inch maximum thickness requirement and the related test 
method sufficient?
    2. With regard to the firmness requirements and related test 
methods: Potential facial conformity test devices and methods, such as 
mechanical test surrogates; recommendations for a more anthropomorphic 
test method; the repeatability of the proposed firmness test; the 
validity of the proposed firmness requirements and related test 
methods.
    3. Is an airflow performance requirement based on the airflow 
characteristics of typical mesh bumpers protective enough to eliminate 
the risks of suffocation against a crib bumper?
    4. What further modifications to the British air flow test method 
(BS 4568:1970) would enhance the repeatability and validity of the 
airflow test requirement for crib bumpers?
    5. Is there an alternative test method, such as ASTM D737-18, 
Standard Test Method for Air Permeability of Textile Fabrics, that can 
be correlated with results from the British Standard, as modified, and 
would adoption of this alternative test method offer benefits?
    6. If the Commission adopts an airflow performance requirement, 
what effect will this have on the need for the proposed thickness and 
firmness tests and will the proposed warnings and instructions need to 
be modified?
    7. Is there evidence that demonstrates that climb-out rates are 
higher when crib bumpers or mesh liners are installed in a crib, and 
should the Commission require the new warnings about removal of the 
product and climbing out?
    8. Does having an airflow performance requirement for crib bumpers 
adversely affect public education about safe sleep best practices?
    9. Is there any research into air permeability, breathability, 
infants' oxygen and carbon dioxide levels, rebreathing, anatomical 
features, airway openings, respiratory rates and volumes, anthropometry 
of facial features such as nasal deformation against crib bumpers, 
effects of exhaled moisture and saliva on the air permeability of 
fabric and mesh bumpers, patterns of gas dispersal within a crib, or 
other related topics that the Commission should consider?
    10. Are there reports of incidents or injuries associated with 
vertical bumpers? What is the recommended user population, market size 
and expected, useful lifespan of vertical bumpers? What design 
characteristics of vertical bumpers are critical for safety, such as 
shape, thickness, fill materials, and attachment means? Are there any 
requirements in this proposal from which vertical bumpers should be 
exempt and why? Are there any test methods that need to be modified for 
testing vertical bumpers?
    11. A central purpose of the Consumer Product Safety Act is ``to 
develop uniform safety standards for consumer products and to minimize 
conflicting State and local regulations.'' See 15 U.S.C. 2051(b)(3). 
Given this mandate, what should the preemptive effect of any regulation 
promulgated under this rulemaking be?
    12. Should the Commission consider an effective date of 12 months 
for any regulation promulgated under this rulemaking?
    13. Should CPSC consider any other alternatives to reduce the 
impact on small entities?
    14. On October 19, 2016, the Commission voted to initiate 
rulemaking under section 104 of the Consumer Product Safety Improvement 
Act (CPSIA) to address the risk of injury or death associated with the 
use of crib bumpers. Do crib bumpers and liners meet the definition of 
``durable product''? What are the anticipated legal challenges to 
pursuing rulemaking under this authority?
    15. Many outside groups have advocated for an outright ban of crib 
bumpers and liners. Does CPSC have jurisdiction under Section 104 to 
ban this product category? If not, may CPSC promulgate a rule declaring 
such products a banned hazardous product under Section 8 of the CPSIA, 
15 U.S.C. 2057?
    During the comment period, the ASTM F1917-12 Standard Consumer 
Safety Performance Specification for Infant Bedding and Related 
Accessories, is available as a read-only document at: http://www.astm.org/cpsc.htm.
    Comments should be submitted in accordance with the instructions in 
the ADDRESSES section at the beginning of this document.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third party conformity 
assessment body.

16 CFR Part 1130

    Administrative practice and procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements.

[[Page 18894]]

16 CFR Part 1240

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Labeling, Law enforcement, and Toys.

    For the reasons discussed in the preamble, the Commission proposes 
to amend 16 CFR Chapter II as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY 
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

    Authority: 15 U.S.C. 2063; Pub. L. 110-314, section 3, 122 Stat. 
3016, 3017 (2008).

0
2. Amend Sec.  1112.15 by adding paragraph (b)(50) to read as follows:


Sec.  1112.15   When can a third party conformity assessment body apply 
for CPSC acceptance for a particular CPSC rule or test method?

* * * * *
    (b) * * *
    (50) 16 CFR part 1240, Safety Standard for Crib Bumpers/Liners.
* * * * *

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT 
OR TODDLER PRODUCTS

0
3. The authority citation for part 1130 continues to read as follows:

    Authority: 15 U.S.C. 2056a, 2065(b).

0
4. Amend Sec.  1130.2 by adding paragraph (a)(18) to read as follows:


Sec.  1130.2   Definitions.

* * * * *
    (a) * * *
    (18) Crib bumpers/liners.
* * * * *
0
5. Add part 1240 to read as follows:

PART 1240--SAFETY STANDARD FOR CRIB BUMPERS/LINERS

Sec.
1240.1 Scope.
1240.2 Requirements for crib bumpers/liners.

    Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14, 
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


Sec.  1240.1   Scope.

    This part establishes a consumer product safety standard for crib 
bumpers/liners.


Sec.  1240.2   Requirements for crib bumpers/liners.

    (a) Except as provided in paragraph (b) of this section, each crib 
bumper/liner must comply with all applicable provisions of ASTM F1917-
12, Standard Consumer Safety Performance Specification for Infant 
Bedding and Related Accessories, approved on July 1, 2012. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a 
copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; http://www.astm.org/cpsc.htm. You may inspect a 
copy at the Division of the Secretariat, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, 
telephone 301-504-7923, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) Comply with ASTM F1917-12 with the following additions or 
exclusions:
    (1) Instead of complying with section 3.1.1 of ASTM F1917-12, 
comply with the following:
    (i) 3.1.1 attachment means. n--flexible ribbons, strings, hook and 
loop straps, ties, and similar devices attached to a crib bumper/liner 
for the purpose of attaching to a crib.
    (ii) [Reserved]
    (2) Instead of complying with section 3.1.4 of ASTM F1917-12, 
comply with the following:
    (i) 3.1.4 infant bedding and related accessories, n--includes the 
following items intended for use in a nursery: Fitted sheets, blankets, 
dust ruffles, covers and drapes for canopies, pillows, mattress covers, 
diaper stackers, fabric wall hangings, crib bumpers/liners, and 
comforters.
    (ii) Reserved
    (3) In addition to complying with section 3.1.6 of ASTM F1917-12, 
comply with the following:
    (i) 3.1.7 conspicuous, adj--visible, when the product is in all 
manufacturer's recommended use positions, to a person standing near the 
product at any one position around the product, but not necessarily 
visible from all positions.
    (ii) 3.1.8 crib bumper/liner, n--any product intended to be placed 
against any portion of the interior perimeter of a crib, and that 
reduces or eliminates an infant's access to the crib sides, slats, 
spindles, or the spaces between these components.
    (iii) 3.1.8.1 Discussion--Such products are commonly referred to as 
crib bumpers, crib liners, mesh liners, bumper pads, bumper guards, and 
headboard panels, but do not include products intended to cover only 
the top horizontal rail of a crib.
    (4) Instead of complying with section 5.1 of ASTM F1917-12, comply 
with the following:
    (i) 5.1 Attachment means on crib bumpers/liners shall not exceed 
9.0 in. (230 mm) both before and after 7.4.1 testing when measured in 
accordance with 7.1.
    (ii) [Reserved]
    (5) Instead of complying with section 5.2 of ASTM F1917-12, comply 
with the following:
    (i) 5.2 Decorative components as defined in 3.1.2 shall not exceed 
7 in. (180 mm) when measured in accordance with 7.1. If any decorative 
components can tangle to form a loop, then the perimeter of the loop 
shall not exceed 14 in. (360 mm) when tested in accordance with 7.1. 
These requirements shall apply both before and after 7.4.3 testing.
    (ii) [Reserved]
    (6) Instead of complying with section 5.4 of ASTM F1917-12, comply 
with the following:
    (i) 5.4 Labeling--Warning labels (whether paper or non-paper) shall 
be permanent when tested in accordance with 7.5.
    (ii) 5.4.1 Warning statements applied directly onto the surface of 
the product by hot stamping, heat transfer, printing, wood burning, and 
so forth shall be permanent when tested in accordance with 7.6.
    (iii) 5.4.2 Non-paper labels shall not liberate small parts when 
tested in accordance with 7.6.
    (iv) 5.4.3 Crib bumper/liner warning labels that are attached to 
the fabric with seams shall remain in contact with the fabric around 
the entire perimeter of the label, when the product is in all 
manufacturer-recommended use positions, when tested in accordance with 
7.5.3.
    (7) Instead of complying with section 6.2 of ASTM F1917-12, comply 
with the following:
    (i) 6.2 Maximum Crib Bumper/Liner Thickness--For all crib bumpers/
liners, each bumper/liner section shall slide through the crib bumper/
liner thickness test fixture (see Fig. 1) over its entire length at a 
rate no less than 0.5 inch per second when tested in accordance with 
7.3. The bumper shall be tested in its pre-washed state and also after 
three wash/dry cycles performed according to the manufacturer's care 
instructions.
    (ii) Note: Test fixture shall be fabricated from aluminum and have 
a smooth finish. The test fixture slot and fillet finish shall be 1.6 
Ra.

[[Page 18895]]

[GRAPHIC] [TIFF OMITTED] TP03AP20.008

    (8) Instead of complying with section 6.3 of ASTM F1917-12, comply 
with the following:
    (i) 6.3 Strength of Crib Bumper/Liner Attachments and Seams
    (ii) 6.3.1 Attachment Means--Following the testing specified in 
7.4.1, the attachment means for a crib bumper/liner shall not fully 
detach from the crib bumper/liner. Partial detachment or tearing is 
allowed.
    (iii) 6.3.2 Seams--Following the testing specified in 7.4.2, no 
seam shall have an opening that allows a 0.22-inch diameter steel rod 
to enter.
    (iv) 6.3.3 Decorative Components--Following the testing specified 
in 7.4.3 the decorative component shall not fully detach from the crib 
bumper/liner. Partial detachment or tearing is allowed.
    (v) 6.4 Crib Bumper/Liner Firmness--For crib bumpers/liners with an 
installed thickness of 0.59 in. (15 mm) or greater, no part of the 
bumper shall contact the feeler arm of the firmness test fixture (see 
Fig. 2), when tested in accordance with 7.7.
[GRAPHIC] [TIFF OMITTED] TP03AP20.009

    (vi) 6.5 Crib Bumper/Liner Entrapment in Openings--When tested in 
accordance with the head probe test specified in 7.8, no opening shall 
allow passage of the small head test probe (Fig. 3). Passage is defined 
as admitting the base of the probe.

[[Page 18896]]

[GRAPHIC] [TIFF OMITTED] TP03AP20.010

    (vii) 6.6 Crib Bumper/Liner Airflow--When tested in accordance with 
the airflow test specified in 7.9, no crib bumper/liner shall measure a 
pressure differential of greater than 0.003 inches (0.076 mm) 
H2O.
    (9) Instead of complying with section 7.3 of ASTM F1917-12, 
including Note 1, comply with the following:
    (i) 7.3 Crib Bumper/Liner Thickness Test--Align the crib bumper/
liner thickness test fixture so that the surface of the fixture with 
the opening is horizontal. Insert a bumper end into the opening so that 
the bumper end protrudes just beyond the lower surface of the test 
fixture and attach a 5-lb static weight to the midpoint of the 
protruding bumper end. Keeping the bumper positioned vertically, allow 
the weight to slowly draw the bumper through the opening.

    Note 1 to paragraph (b)(9)(i).  If the attachment means or other 
localized means provided to secure the bumper to the crib interfere 
with the bumper sliding through the bumper thickness test fixture, 
ease the ties or other attachment means through the fixture and then 
continue the test.

    (10) Instead of complying with section 7.4 of ASTM F1917-12, 
including Note 2, comply with the following:
    (i) 7.4 Crib Bumper/Liner Strength Tests--Tensile tests of 
attachment means, decorative components, and seams shall be conducted 
using clamps as described in 7.4.1, 7.4.2, 7.4.3. The force in each 
test shall be applied evenly within a period of 5 s, and maintained for 
additional 10 s. The loading device shall be a self-indicating gauge or 
other appropriate means having an accuracy of +/-0.5 lb (+/-2 N).
    (ii) 7.4.1 Attachment Means Strength--Apply a tensile force of 20 
lb on the bumper attachment means by clamping the free end in a 
perpendicular direction away from the attachment point to the bumper.
    (iii) 7.4.1.1 Attachment means that share a common attachment point 
shall be tested together, as if one attachment means.

    Note 2 to paragraph (b)(10)(iii).  There is no single clamp or 
method of attachment specified for the crib bumper/liner attachment 
means strength test. Any suitable means may be used to apply the 
force specified in 7.4.1.

    (iv) 7.4.2 Seams Strength--Apply a tensile force of 20 lb in a 
direction most likely to pull the seam apart. The clamps used to grip 
the material on either side of the seam to be tested shall have jaws to 
which are attached \3/4\-in. (19-mm) diameter washers (see Fig. 4). The 
clamps shall be attached to the cover material of a completely 
assembled crib liner in a manner such that the outside diameter of the 
\3/4\-in. (19-mm) washers at a point nearest the seam shall be close 
to, but no closer than \1/2\ in. (13 mm) from the edge of the seam 
stitching thread.
    (v) 7.4.3 Decorative Components, Attachment Strength--Apply a 
tensile force of 20 lb on the decorative component in a perpendicular 
direction away from the attachment point of the decorative component to 
the crib liner. With the crib liner held in a convenient position, an 
appropriate clamp shall be attached to the decorative component. The 
clamp shall be applied in a manner that will not affect the structural 
integrity of the attachment between the decorative component and the 
crib bumper/liner.

[[Page 18897]]

[GRAPHIC] [TIFF OMITTED] TP03AP20.011

    (vi) 7.5 Permanency of Labels and Warnings:
    (vii) 7.5.1. A paper label (excluding labels attached by a seam) 
shall be considered permanent if, during an attempt to remove it 
without the aid of tools or solvents, it cannot be removed, it tears 
into pieces upon removal, or such action damages the surface to which 
it is attached.
    (viii) 7.5.2. A non-paper label (excluding labels attached by a 
seam) shall be considered permanent if, during an attempt to remove it 
without the aid of tools or solvents, it cannot be removed or such 
action damages the surface to which it is attached.
    (ix) 7.5.3. A warning label attached by a seam shall be considered 
permanent if it does not detach when subjected to a 15 lbf (67 N) pull 
force applied in any direction most likely to cause failure using a 
0.75 in. (19 mm) diameter clamp surface. Gradually apply the force over 
5 s and maintain for an additional 10 s.
    (xi) 7.6. Adhesion Test for Warnings Applied Directly onto the 
Surface of the Product.
    (xii) 7.6.1. Apply the tape test defined in Test Methods D3359, 
Test Method B--Cross-Cut Tape Test of Test Methods, eliminating 
parallel cuts.
    (xiii) 7.6.2. Perform this test once in each different location 
where warnings are applied.
    (xiv) 7.6.3. The warning statements will be considered permanent if 
the printing in the area tested is still legible and attached after 
being subjected to this test.
    (xv) 7.6.4. A non-paper label, during an attempt to remove it 
without the aid of tools or solvents, shall not fit entirely within the 
small parts cylinder defined in 16 CFR part 1501 if it can be removed.
    (xvi) 7.7. Crib Bumper/Liner Firmness Test--Select one side of the 
crib bumper/liner. All marks described in this section shall be made at 
mid-bumper/liner height. For each crib bumper/liner intended for a 
short side of a crib, or segments of a crib bumper/liner intended for a 
short side of a crib, mark two points along the bumper/liner length: 
One at \1/3\ of the total length, and one at \2/3\ of the total length 
(see Figure 5). For each crib bumper/liner intended for a long side of 
a crib, or segments of a crib bumper/liner intended for a long side of 
a crib, mark three points along the bumper/liner length: \1/4\, \1/2\, 
and \3/4\ of the total length (see Figure 5). There will be 10 marks in 
total for a single continuous bumper/liner intended to cover all four 
sides of a standard full-size rectangular crib. For each crib bumper/
liner intended for a circular crib, divide the total bumper/liner 
length into 10 equal segments and mark the centroid of each segment. 
For crib bumpers/liners no wider than 8 inches (203 mm), with the long 
axis intended to be installed vertically on the crib side, mark the 
centroid of the bumper/liner (see Figure 5). Place the center of the 
firmness test fixture (Figure 2) on each mark with the feeler arm 
oriented in a way that is most likely to contact the bumper/liner 
surface when the fixture is set down, such as over a plush 
construction. The firmness test fixture may be rotated such that the 
feeler arm is in any orientation that is completely over the crib 
bumper/liner.

[[Page 18898]]

[GRAPHIC] [TIFF OMITTED] TP03AP20.012

    (xvii) 7.7.1. Test Equipment--The Firmness Test Fixture of Figure 2 
shall be constructed with the following components:
    (xviii) 7.7.1.1. A Bottom Disk with a diameter of 203 mm (7.99 
in.), thickness of 15 mm (0.59 in.) with a bottom radius of 1 mm (0.039 
in.).
    (xix) 7.7.1.2. A Feeler Arm of high speed steel comprising a flat 
bar, 12 mm (0.47 in.) wide, 0.51 mm to 0.76 mm (0.02 to 0.03 in.) 
thick, with square-cut ends that is positioned over a radial axis of 
the Bottom Disk and attached to the Bottom Disk such that the Feeler 
Arm overhangs the edge of the Bottom Disk by 40 mm (1.57 in.).
    (xx) 7.7.1.3. A Level Indicator attached to the Bottom Disk near 
the Feeler Arm, without touching, and such that it indicates level with 
minimum accuracy of.11.7 mm/m (0.14 in./ft) parallel to the feeler arm 
and does not overhang the edge of the Bottom Disk in a way that 
interferes with testing.
    (xxi) 7.7.1.4. A Vertical Column with Handle and Collar attached to 
the center of the Bottom Disk.
    (xxii) 7.7.1.5. Total mass of the Apparatus shall be 5.2 kg (11.5 
lb) including all components and fasteners.
    (xxiii) 7.7.1.6. Mass of the Bottom Disk shall be not less than 70% 
of the total mass.
    (xxiv) 7.7.1.7. Vertical height of assembled apparatus shall not 
exceed 203.2 mm (8 in.) and the height of the collar shall not exceed 
50.8 mm (2 in.) to minimize the bias to the Bottom Disk.
    (xxv) 7.7.2. Test Procedure
    (xxvi) 7.7.2.1. Preconditioning of Sample--The crib bumper/liner 
shall be tested in its pre-washed state and also after three wash/dry 
cycles performed according to the manufacturer's care instructions. The 
crib bumper/liner shall be conditioned for 48 hours prior to testing in 
an environment of 23 +/-2 Celsius (73.4 +/-3.6 Fahrenheit) and a 
relative humidity of 50 +/-5%. The crib bumper/liner shall be fully 
assembled and dry prior to testing.
    (xxvii) 7.7.2.2. Shake the crib bumper/liner to aerate and 
distribute any filling materials evenly. Allow the crib bumper/liner to 
settle for 5 minutes.
    (xxviii) 7.7.2.3. Place the side to test face up on a horizontal, 
flat, rigid surface for testing. The crib bumper/liner may be secured 
to the horizontal surface using the attachment means in a manner that 
approximates securing the crib bumper/liner to crib rails.
    (xxix) 7.7.2.4. Test each placement marked in 7.7 by lowering the 
firmness test fixture with the bottom disk horizontal until the fixture 
is supported by the crib bumper/liner. Gently adjust the orientation of 
the base manually if needed until it is horizontal while resting. 
Record any contact with the feeler gauge at each placement as a failure 
of the firmness requirement. Repeat steps 7.7.2.2 and 7.7.2.3 if any 
placement is within 457 mm (18 in.) of a prior placement, or if 5 
minutes have elapsed since completing 7.7.2.2.
    (xxx) 7.7.2.5. Repeat firmness testing 7.7.2.1 to 7.7.2.4 until all 
remaining located placements have been tested or a failure has been 
recorded.
    (xxxi) 7.7.2.6. Repeat firmness testing on the other side of the 
bumper/liner. Testing the other side is not required for crib bumpers/
liners that cannot be reasonably installed on the other side.
    (xxxii) 7.8 Crib Bumper/Liner Entrapment in Openings Test--Choose a 
location most likely to admit the head probe, including between the top 
and bottom edges of the crib bumper/liner and the test platforms or 
mattress. Create an accessible opening by exerting a force on the 
bumper/liner using an appropriate clamping device, equal to 3-lbf (13 
N) and directed horizontally away from, and perpendicular to, the test 
platform. The force is be applied gradually over a 5 s period and 
maintained throughout the head probe test. Insert the head test probe, 
tapered end first, into any opening created between the crib bumper/
liner and the test platform or mattress, and rotate the small head test 
probe to the orientation most likely to fail. Apply a force of 10 lbf 
(45 N) at the base of the small head test probe in a direction that is

[[Page 18899]]

perpendicular to the plane of the opening. The force is be applied 
gradually over a 5 s period and maintained throughout the head probe 
test. Repeat this test at any other locations on the crib bumper/liner 
most likely to fail.
    (xxxiii) 7.8.1. Test Equipment
    (xxxiv) 7.8.1.1. Head Probe--The head probe specified in ASTM F963 
(see Fig. 3) shall be used for entrapment tests.
    (xxxv) 7.8.1.2. Test Platforms--Testing shall be conducted on all 
test platforms in this section. All test platforms shall have four 
vertical sides, be rectangular in plan, and have an internal length of 
52-\3/8\ +/-\5/8\ in and internal width of 28 +/-\5/8\ in. Test 
platforms shall have a rectangular mattress support that supports a 
standard 5-in full-size crib mattress. Spacing between components, 
including between slats, shall be 2-\3/8\ +0/-\1/32\ in. Each of the 
long and short panels shall be rectangular in form with a top, bottom, 
left, and right side rails. Top rail shall be 26 in above a horizontal 
mattress support. All spindles shall have ends secured into top and 
bottom rails. Left and right side rails shall end into top and bottom 
rails. All rails shall be 1.0 in thick. The top and bottom rail shall 
have 1.5 in depth. Each long and short panel shall form a vertical 
corner between the left or right sides when assembled. Round spindles 
shall be \5/8\ in diameter. Flat spindles shall be 1-\1/8\ in wide by 
\3/8\ in thick with \1/16\ in radius edges. Crib bumpers/liners 
intended for circular cribs shall be tested on a commercially available 
circular crib.
    (xxxvi) 7.8.1.2.1. Test Platform A--This test platform is composed 
of two long panels with 16 round spindles each and two short panels 
with eight round spindles each.
    (xxxvii) 7.8.1.2.2. Test Platform B--This test platform is composed 
of one long panel with 16 round spindles, one solid long panel, and two 
short panels with eight round spindles each.
    (xxxviii) 7.8.1.2.3. Test Platform C--This test platform is 
composed of two long panels with 16 round spindles each and two solid 
short panels.
    (xxxix) 7.8.1.2.4. Test Platform D--This test platform is composed 
of two long panels with 14 rectangular spindles each and two short 
panels with seven rectangular spindles each.
    (xl) 7.8.1.2.5. Test Platform E--This test platform is composed of 
one long panel with 14 rectangular spindles, one solid long panel, and 
two short panels with seven rectangular spindles each.
    (xli) 7.8.1.2.6. Test Platform F--This test platform is composed of 
two long panels with 14 rectangular spindles each and two solid short 
panels.
    (xlii) 7.9 Crib Bumper/Liner Airflow Test--Airflow testing of each 
crib bumper/liner shall be performed in accordance with the air 
permeability test method specified in the British Standard BS 
4578:1970, Specification for Methods of test for hardness of, and for 
air flow through, infants' pillows, with the following modifications:
    (xliii) 7.9.1 The test shall be performed on a plane rigid 
perforated support that will minimally interfere with air flow.
    (xliv) 7.9.2 The flow rate shall be adjusted to 2 L/min.
    (11) Instead of complying with section 8 of ASTM F1917-12, comply 
with the following:


(i) 8. Marking and Labeling
    (ii) 8.1. Each product and its retail package shall be marked or 
labeled clearly and legibly to indicate the following:
    (iii) 8.1.1. The name, place of business (city, state, and mailing 
address, including zip code), and telephone number of the manufacturer, 
distributor, or seller.
    (iv) 8.1.2. A code mark or other means that identifies the date 
(month and year as a minimum) of manufacture.
    (v) 8.2. The marking and labeling on the product shall be 
permanent.
    (vi) 8.3. Any upholstery labeling required by law shall not be used 
to meet the requirements of this section.
    (vii) 8.4. Crib bumpers/liners shall be marked or labeled clearly 
and legibly, in the English language at a minimum, to identify which 
segments of the bumper/liner are intended for the short and long sides 
of the crib, unless the bumper/liner is intended for a circular crib or 
is less than 28 inches in length, not including attachment means.
    (viii) 8.5. Warning Design for Product:
    (ix) 8.5.1. The warnings shall be easy to read and understand and 
be in the English language at a minimum.
    (x) 8.5.2. Any marking or labeling provided in addition to those 
required by this section shall not contradict or confuse the meaning of 
the required information, or be otherwise misleading to the consumer.
    (xi) 8.5.3. The warning statements shall be conspicuous and 
permanent.
    (xii) 8.5.4. The warnings shall conform to ANSI Z535.4-2011, 
American National Standard for Product Safety Signs and Labels, 
sections 6.1-6.4, 7.2-7.6.3, and 8.1, with the following changes.
    (xiii) 8.5.4.1. In sections 6.2.2, 7.3, 7.5, and 8.1.2 of ANSI 
Z535.4-2011, replace ``should'' with ``shall.''
    (xiv) 8.5.4.2. In section 7.6.3 of ANSI Z535.4-2011, replace 
``should (when feasible)'' with ``shall.''
    (xv) 8.5.4.3. Strike the word ``safety'' in ANSI Z535.4-2011 when 
used immediately before a color (for example, replace ``safety white'' 
with ``white'').

    Note 3 to paragraph (b)(11)(xv).  For reference, ANSI Z535.1 
provides a system for specifying safety colors.

    (xvi) 8.5.5. The Safety Alert Symbol and the signal word 
``WARNING'' shall be at least 0.2 in. (5 mm) high. The remainder of the 
text shall be in characters whose uppercase shall be at least 0.1 in. 
(2.5 mm) high.

    Note 4 to paragraph (b)(11)(xvi). For improved warning 
readability, typefaces with large height-to-width ratios, which are 
commonly identified as ``condensed,'' ``compressed,'' ``narrow,'' or 
similar should be avoided.

    (xvii) 8.5.6. Message Panel Text Layout:
    (xviii) 8.5.6.1. The text shall be left aligned, ragged right for 
all but one-line text messages, which can be left aligned or centered.

    Note 5 to paragraph (b)(11)(xviii). Left aligned means that the 
text is aligned along the left margin, and, in the case of multiple 
columns of text, along the left side of each individual column. 
Please see Fig. 6 for examples of left aligned text.


[[Page 18900]]


[GRAPHIC] [TIFF OMITTED] TP03AP20.013

    (xix) 8.5.6.2. The text in each column should be arranged in list 
or outline format, with precautionary (hazard avoidance) statements 
preceded by bullet points. Multiple precautionary statements shall be 
separated by bullet points if paragraph formatting is used.
    (xx) 8.5.7. An example in the format described in this section is 
shown in Fig. 7.
[GRAPHIC] [TIFF OMITTED] TP03AP20.014

    (xxi) 8.6. Warning Statements for Crib Bumpers/Liners--Each crib 
bumper/liner, or each crib bumper/liner panel if the bumper/liner is 
sold as multiple panels that can be used separately, shall have warning 
statements to address the following, at a minimum:
    ``To reduce the risk of SUFFOCATION:
     Keep tight against side of crib. Do not use if product is 
loose or sags down toward sleeping surface.
     Never put pillows or anything else in crib that could trap 
baby against this product.
     Only use in a crib without broken parts or missing slats. 
This product will not fix a broken crib or prevent baby from falling 
out. Never use in a toddler bed or bassinet.
    To help prevent ENTANGLEMENT or STRANGULATION, position ties to 
outside of crib and secure tightly. [Exception: If product does not 
include an attachment means greater than 7 inches in length, this 
statement may be omitted.]
    Remove this product when baby can pull to a stand using crib side 
(starting about 6 months). Older babies can use product to climb out of 
crib.''

    Note 6 to paragraph (b)(11)(xxi).  Address means that verbiage 
other than what is shown can be used as long as the meaning is the 
same or information that is product-specific is presented.


[[Page 18901]]


    (12) Instead of complying with section 9 of ASTM F1917-12, comply 
with the following:


(i) 9. Instructional Literature
    (ii) 9.1. Instructions shall be provided with the product and shall 
be easy to read and understand, and shall be in the English language at 
a minimum. These instructions shall include information on assembly, 
installation, maintenance, cleaning, and use, where applicable.
    (iii) 9.2. The instructions shall include all warnings specified in 
8.6, where applicable.
    (iv) 9.3. The warnings in the instructions shall meet the 
requirements specified in 8.5.4, 8.5.5 and 8.5.6, except that sections 
6.4 and 7.2-7.6.3 of ANSI Z535.4 need not be applied. However, the 
signal word and safety alert symbol shall contrast with the background 
of the signal word panel, and the warnings shall contrast with the 
background of the instructional literature.

    Note 7 to paragraph (b)(12)(iv).  For example, the signal word, 
safety alert symbol, and the warnings may be black letters on a 
white background, white letters on a black background, navy blue 
letters on an off-white background, or some other high-contrast 
combination.


    Note 8 to paragraph (b)(12)(iv).  For additional guidance on the 
design of warnings for instructional literature, please refer to 
ANSI Z535.6, American National Standard: Product Safety Information 
in Product Manuals, Instructions, and Other Collateral Materials.

    (v) 9.4. Any instructions provided in addition to those required by 
this section shall not contradict or confuse the meaning of the 
required information, or be otherwise misleading to the consumer.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2020-06142 Filed 4-2-20; 8:45 am]
 BILLING CODE 6355-01-P