[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Rules and Regulations]
[Pages 6510-6517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02855]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1241
[Docket No. CPSC-2020-0023]
Safety Standard for Crib Mattresses
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In 2022, the U.S. Consumer Product Safety Commission (CPSC)
published a consumer product safety standard for crib mattresses under
section 104 of the Consumer Product Safety Improvement Act of 2008
(CPSIA). The standard incorporated by reference ASTM F2933-21, Standard
Consumer Safety Specification for Crib Mattresses, with modifications
to make the standard more stringent. The CPSIA sets forth a process for
updating mandatory standards for durable infant or toddler products
that are based on a voluntary standard, when a voluntary standards
organization revises the standard. Consistent with the CPSIA update
process, this direct final rule updates the mandatory standard for crib
mattresses to incorporate by reference ASTM's 2025 version of the
voluntary standard, while maintaining certain modifications.
DATES: The rule is effective on May 3, 2026, unless the Commission
receives a significant adverse comment by March 16, 2026. If the
Commission receives such a comment, it will publish a document in the
Federal Register, withdrawing this direct final rule before its
effective date. The incorporation by reference of certain material
listed in this rule is approved by the Director of the Federal Register
as of May 3, 2026.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2020-
0023, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by electronic mail (email), except as described
below. CPSC encourages you to submit electronic comments by using the
Federal eRulemaking Portal.
Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit
[[Page 6511]]
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: https://www.regulations.gov. Do not submit
through this website: confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2020-0023, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Joseph Williams, Compliance Officer,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301) 504-7585; email:
[email protected]; or Daniel Taxier, Project Manager, U.S. Consumer
Product Safety Commission, 5 Research Place, Rockville, MD 20850;
telephone: (301) 987-2211; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Authority
Section 104(b)(1) of the CPSIA requires the Commission to assess
the effectiveness of voluntary standards for durable infant or toddler
products and adopt mandatory standards for these products. 15 U.S.C.
2056a(b)(1). The mandatory standard must be ``substantially the same
as'' the voluntary standard, or it may be ``more stringent than'' the
voluntary standard, if the Commission determines that more stringent
requirements would further reduce the risk of injury associated with
the product. Id.
Section 104(b)(4)(B) of the CPSIA specifies the process for
updating the Commission's rules when a voluntary standards organization
revises a standard that the Commission incorporated by reference under
section 104(b)(1). First, the voluntary standards organization must
notify the Commission of the revision. Once the Commission receives
this notification, the Commission may reject or accept the revised
standard. The Commission may reject the revised standard by notifying
the voluntary standards organization, within 90 days of receiving
notice of the revision, that it has determined that the revised
standard does not improve the safety of the consumer product and that
it is retaining the existing standard. If the Commission does not take
this action to reject the revised standard, the revised voluntary
standard will be considered a consumer product safety standard issued
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058),
effective 180 days after the Commission received notification of the
revision or on a later date specified by the Commission in the Federal
Register. 15 U.S.C. 2056a(b)(4)(B).
B. Safety Standard for Crib Mattresses
Under section 104(b)(1) of the CPSIA, the Commission adopted a
mandatory rule for crib mattresses, codified in 16 CFR part 1241,
``Safety Standard for Crib Mattresses.'' The rule incorporated by
reference ASTM F2933-21, Standard Consumer Safety Specification for
Crib Mattresses, with modifications to make the standard more
stringent. 87 FR 8640 (Feb. 15, 2022).\1\ The modifications to ASTM
F2933-21 addressed:
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\1\ In September 2021, ASTM published a revised version, ASTM
F2933-21a. Because ASTM published this revision prior to CPSC's
adoption of a mandatory crib mattress standard, the Commission did
not evaluate this revision pursuant to the CPSIA.
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(1) suffocation hazards associated with crib mattresses, due to
overly soft mattresses, by adding a test for mattress firmness based on
sections 6 and 8 of AS/NZS 8811.1:2013--Methods of testing infant
products--Method 1: Sleep Surfaces--Test (AS/NZS 8811.1);
(2) entrapment hazards associated with full-size crib mattresses,
due to poor mattress fit from compression by sheets, by measuring for
corner gaps after installing a shrunken (by washing twice) cotton
sheet;
(3) entrapment hazards associated with after-market, non-full-size
crib mattresses, due to lack of dimensional requirements for
rectangular-shaped products, by extending dimension and other
requirements for after-market non-rectangular non-full-size crib
mattresses to all after-market non-full-size crib mattresses;
(4) laceration hazards associated with coils and springs breaking
and poking through mattresses, by adding a cyclic impact test for
mattresses that use coils and springs;
(5) the risks of sudden infant death syndrome (SIDS) and
suffocation related to infant positioning, soft bedding, and gap
entrapment, by improving the labeling and instructional literature
requirements to communicate risks better to consumers, and to clarify
requirements for manufacturers and test labs; and
(6) the replacement of references to ASTM standards with references
to the corresponding CPSC regulation which incorporates that standard
by reference, to maintain consistency with CPSC regulations.
Since CPSC promulgated a final rule for crib mattresses in February
2022, staff continued to work with the ASTM F15.66 Crib Mattresses
Subcommittee to address differences between the voluntary standard and
the final rule. On October 1, 2025, ASTM approved and in October 2025,
published a new version of the voluntary standard for crib mattresses,
ASTM F2933-25. The revised voluntary standard includes performance
requirements and test methods, as well as requirements for warning
labels and instructions, to address hazards to infants. On November 4,
2025, ASTM notified CPSC of the newest revision to ASTM F2933. On
December 3, 2025, the Commission provided notice in the Federal
Register of the availability of the revised standard and sought comment
on the effect of the revisions on the safety standard for crib
mattresses. 90 FR 55701. CPSC received four comments.
Two comments were duplicative and out of scope. An anonymous
commenter stated their support for CPSC to approve and support the
revised voluntary standard. Another anonymous commenter expressed
appreciation for CPSC's review of the voluntary standard. The commenter
acknowledged that some revisions improve safety, however, the commenter
emphasized the importance of confirming that the revisions reduce risks
such as suffocation and entrapment in gaps. The commenter concluded by
expressing support for ASTM F2933-25 as long as CPSC determines that it
improves safety compared to the existing mandatory standard.
CPSC acknowledges support for the revised voluntary standard and
agrees with the importance of confirming that the revisions to ASTM
F2933-25 reduce risks such as suffocation and entrapment in gaps or
otherwise improve the safety of crib mattresses. CPSC's assessment of
ASTM F2933-25 is described below.
Based on staff's review of ASTM F2933-25 and the public comments
received, the Commission will allow the revised voluntary standard to
become a mandatory standard, with some retained
[[Page 6512]]
modifications. Specifically, three modifications that address hazardous
corner gaps, entrapment hazards for rigid-sided rectangular after-
market products (i.e., non-full-size cribs), and references to
requirements in ASTM standards, as required by other CPSC regulations,
will be maintained in 16 CFR part 1241. Specifically, ASTM F406-24,
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards (codified at 16 CFR part 1220 for non-full-size baby cribs
and at 16 CFR part 1221 for play yards) include performance
requirements and test methods, as well as requirements for warning
labels and instructions, to address hazards to children from non-full-
size baby cribs and play yards. ASTM F2194-25, Standard Consumer Safety
Specification for Bassinets and Cradles (codified at 16 CFR part 1218)
include performance requirements and test methods, as well as
requirements for warning labels and instructions, to address hazards to
children from bassinets and cradles. ASTM F2933-25 does not address
these hazards or include references to the relevant CPSC regulations.
Accordingly, by operation of law under section 104(b)(4)(B) of the
CPSIA, ASTM F2933-25 will become a mandatory consumer product safety
standard for crib mattresses, with some retained modifications, on May
3, 2026. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16
CFR part 1241 to incorporate by reference the revised voluntary
standard, ASTM F2933-25, and retains modifications that maintain
testing requirements for corner gaps, requirements for rectangular
after-market non-full-size crib mattresses, and references to CPSC
regulations.
II. Revisions to ASTM F2933
ASTM F2933-25 includes several additions and revisions to ASTM
F2933-21, including new definitions, new performance requirements and
test methods, clarifications to existing requirements, as well as
editorial revisions that do not alter substantive requirements in the
standard or impact safety. The Commission considers the revisions in
ASTM F2933-25 to be an improvement to the safety of crib mattresses
because the revised standard includes clarifications to the scope of
the voluntary standard and enhancements to the performance and testing
requirements to improve testing repeatability and reproducibility.
A. Scope and Definitions
ASTM F2933-25 clarifies in section 1.1 that after-market mattresses
for certain bassinet accessories of play yards are in scope of the
voluntary standard. ASTM F2933-21 included performance requirements for
after-market play yard mattresses that are interchangeably used as a
play yard mattress and as a bassinet mattress/pad, but the scope did
not specify that such mattresses were addressed in the standard. The
change to explicitly identify such mattresses for bassinet accessories
of play yards as being in scope improves safety by helping users of the
standard understand which products are subject to its requirements.
Additionally, in section 3, ASTM F2933-25 adds definitions for
``conspicuous'' and for ``sleep surface'' that align with terms that
were added as a modification to ASTM F2933-21 in CPSC's mandatory
safety standard for crib mattresses. As a result, the change does not
reduce safety, and these terms will be removed from the modifications
in 16 CFR part 1241.
B. Calibration and Standardization
ASTM F2933-21 required that products be placed in a room with an
ambient temperature of 73 [deg]F 9 [deg]F for at least 8
hours prior to and during testing. ASTM F2933-25 adds a new requirement
that the relative humidity shall be between 20 percent and 70 percent
prior to and during testing.
The revisions to the voluntary standard in ASTM F2933-25 also
lengthen the pre-conditioning from at least 8 hours, required in ASTM
F2933-21, to at least 24 hours or the duration specified in the
manufacturer's instructions, whichever is longer, for the mattress to
fully inflate or recover to the intended size before testing.
These changes improve safety by reducing the chance of
underinflated crib mattresses being tested and meeting the
requirements, when such mattresses would otherwise fail to meet the
requirements when fully inflated or recovered.
C. Performance and Testing Requirements
1. Mattress Firmness
ASTM F2933-25 adds a firmness requirement and test method based on
the modification in CPSC's mandatory safety standard for crib
mattresses with the following differences:
The test fixture must use a bullseye level or two linear
levels, instead of only one linear level. This helps ensure the test
fixture is as flat as possible when determining whether a product meets
the firmness requirement.
A specification was added to require the combined weight
of the bottom disk and the lower collar of the test fixture to be not
less than 95 percent of the total weight, instead of specifying only
the weight of the bottom disk and the total weight. This improves the
precision of the test fixture.
Specifications for the design and use of a rigid bar were
added to achieve more consistent test results by flattening non-
hazardous wrinkles or bulges in fabric in the test area.
The test setup includes a clarification that the
requirement to test mattresses sold independent of a product on a flat,
rigid, horizontal support only applies to full-size crib mattresses,
and not to after-market mattresses for play yards and non-full-size
cribs. This helps ensure that crib mattresses are placed on the
appropriate surface for testing.
A step was added to flatten the test area before the
fixture is placed. This helps to remove small amounts of loose fabric
from the test area and improves testing repeatability and
reproducibility.
The outer 0.5 inches of the mattress were removed from the
possible test area. This section is excluded from testing because many
modern mattress designs are difficult to test repeatably close to the
outer edge, and because the area does not accommodate more than half of
a newborn's accessible face: the 0.5 inches accounts for a 3-inch
bizygomatic diameter newborn head size,\2\ half of which is 1.5 inches,
minus a 1 inch allowable gap between the mattress and crib. Therefore,
this change improves testing repeatability and reproducibility without
reducing safety.
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\2\ Brandt, J.M., Allen, G.A., Haynes JL, Butler, M.G.,
``Normative Standards And Comparison Of Anthropometric Data Of White
And Black Newborn Infants.'' Dysmorphol Clin Genet. 1990; 4(4): pp.
121-137. PMID: 27695162; PMCID: PMC5042572.
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In addition to these changes, the firmness test method was also
rewritten with the intent of being more easily readable and
understandable and includes several other minor clarifications.
Overall, the new firmness test is more repeatable and reproducible, and
therefore is an improvement in the safety of crib mattresses. As a
result, the modification related to the firmness test requirement is
being removed from 16 CFR part 1241. Instead, crib mattresses will be
subject to the firmness test requirements included in ASTM F2933-25,
incorporated by reference in 16 CFR part 1241.
2. Coil Springs
ASTM F2933-25 adds a requirement and test method for mattresses
with coil springs to reduce the risk of lacerations caused by coil
springs poking out of the mattress. This change is consistent with
[[Page 6513]]
a modification made in the mandatory safety standard for crib
mattresses, with one exception. ASTM F2933-25 allows repeating the test
on a mattress which has previously been tested with the coil spring
test. Repeating the test on a single mattress is more likely to cause a
product to fail; therefore, because this is a more stringent test, it
is an improvement to safety. As a result of this revision, the
modification that added a requirement and test method for mattresses
with coil springs will be removed from 16 CFR part 1241. Instead, crib
mattresses will be subject to the coil spring test requirements
included in ASTM F2933-25, incorporated by reference in 16 CFR part
1241.
3. Other Changes
ASTM F2933-25 removes section 5.1 from ASTM F2933-21, which
required products to meet all other applicable mandatory statutes and
regulations. This section was not necessary in the voluntary standard
because compliance with all applicable mandatory statutes and
regulations remains obligatory for all products; therefore, this change
does not impact safety. Modifications to section 5 of ASTM F2933-25
have been renumbered in 16 CFR part 1241 to account for this change. In
section 5.8.1.2, ASTM F2933-25 replaces the word ``pad'' with
``mattress'' when referring to requirements in ASTM F2194, Consumer
Safety Specification for Bassinets and Cradles. This change is a
terminology update and does not impact the safety of any requirements
in ASTM F2933. 16 CFR part 1241 is also revised to reflect this change
when referencing ASTM F2194 and 16 CFR part 1218, Safety Standard for
Bassinets and Cradles.\3\
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\3\ 16 CFR part 1218 incorporates by reference ASTM F2194-25,
effective February 21, 2026. 90 FR 57691 (Dec. 12, 2025).
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D. Warnings and Instructions
The warnings and instructions for ASTM F2933-25 have been updated
to substantially align with modifications in the mandatory standard for
crib mattresses, with some minor deviations that are not expected to
reduce safety. This includes minor changes in wording or formatting
that do not change the overall meaning, such as the following:
In section 7.2, the word ``mattress'' is used in place of
``product.''
In section 7.5, the phrase ``unless otherwise specified''
is omitted from the phrase, ``Each mattress shall have warning
statements to address the following, at a minimum, unless otherwise
specified.''
In section 7.7, ``shall include'' is used instead of
``shall have.''
The revised voluntary standard also provides visual examples of
warning labels exhibiting stated requirements in section 7 (FIG. 9,
FIG. 10, and FIG. 11). These figures are similar to those included in
the modifications.
Accordingly, these revisions to the warnings and instructions do
not reduce safety. As a result, CPSC's modifications to the marking and
labeling and instructional literature requirements in 16 CFR part 1241
will be removed. Instead, crib mattresses will be subject to the
warning and instruction requirements included in ASTM F2933-25,
incorporated by reference in 16 CFR part 1241.
E. Other Revisions
ASTM F2933-25 also includes several minor additions and revisions
that are editorial in nature, such as updates to section and figure
numbers to reflect revised and new sections and figures and an updated
Rationale section.\4\ These revisions do not impact safety because they
do not alter any substantive requirements in the standard.
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\4\ The Rationale section is an appendix to the voluntary
standard that describes in further detail the reason several
requirements were included.
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F. Modifications to the Standard
ASTM F2933-25 does not address the following modifications in the
mandatory safety standard for crib mattresses:
The addition of a mattress compression test to further
reduce the risk of injury associated with corner gap entrapment from
compression of the mattress by a fitted sheet.
Extended dimension and other requirements for after-market
non-rectangular non-full-size crib mattresses to all after-market non-
full-size crib mattresses.
A reference to requirements in either 16 CFR part 1220,
Safety Standard for Non-Full-Size Baby Cribs, or 16 CFR part 1221,
Safety Standard for Play Yards, as appropriate, to ensure consistency
with other mandatory requirements in addition to referring to
requirements in ASTM F406, Consumer Safety Specification for Non-Full-
Size Baby Cribs/Play Yards.
A reference to requirements in 16 CFR part 1218, Safety
Standard for Bassinets and Cradles, to ensure consistency with other
mandatory requirements in addition to referring to requirements in ASTM
F2194.
This direct final rule maintains these requirements as
modifications to ASTM F2933-25, as excluding these requirements would
be a reduction in safety.
III. Incorporation by Reference
Section 1241.2 of the direct final rule incorporates by reference
ASTM F2933-25. The Office of the Federal Register (OFR) has regulations
regarding incorporation by reference. 1 CFR part 51. Under these
regulations, agencies must discuss, in the preamble to a final rule,
ways in which the material the agency incorporates by reference is
reasonably available to interested parties, and how interested parties
can obtain the material. In addition, the preamble to the final rule
must summarize the material. 1 CFR 51.5(b).
In accordance with the OFR regulations, section I. and II. of this
preamble summarizes the major provisions of ASTM F2933-25 that the
Commission incorporates by reference into 16 CFR part 1241. The
standard is reasonably available to interested parties in several ways.
Until the direct final rule takes effect, a read-only copies of ASTM
F2933-25 and ASTM F2194-25 are available for viewing on ASTM's website
at: https://www.astm.org/CPSC.htm. On February 21, 2026, a read-only
copy of ASTM F2194-25 will be available for viewing on the ASTM website
at: https://www.astm.org/READINGLIBRARY/. Once the rule takes effect, a
read-only copy of ASTM F2933-25 will also be available for viewing on
the ASTM website at: https://www.astm.org/READINGLIBRARY/. ASTM F406-24
is already available for viewing at this location. Additionally,
interested parties can purchase all referenced ASTM standards from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959 USA; phone: (610) 832-9585; www.astm.org. Finally,
interested parties can schedule an appointment to inspect a copy of the
standard at CPSC's Office of the Secretary, U.S. Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814,
telephone: (301) 504-7479; email: [email protected].
IV. Certification
Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C.
2051-2089) requires manufacturers, including importers, of 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, to certify that the products comply with all
applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification
must
[[Page 6514]]
be based on a test of each product, or on a reasonable testing program,
or, for children's products, on tests of a sufficient number of samples
by a third party conformity assessment body accredited by CPSC to test
according to the applicable requirements. As noted, standards issued
under section 104(b)(1)(B) of the CPSIA are ``consumer product safety
standards.'' Thus, they are subject to the testing and certification
requirements of section 14 of the CPSA.
Because crib mattresses are children's products, a CPSC-accepted
third party conformity assessment body must test samples of the
products. Products subject to part 1218 also must comply with all other
applicable CPSC requirements, such as the lead content requirements in
section 101 of the CPSIA; \5\ the phthalates prohibitions in section
108 of the CPSIA \6\ and 16 CFR part 1307; the tracking label
requirements in section 14(a)(5) of the CPSA; \7\ and the consumer
registration form requirements in section 104(d) of the CPSIA.\8\ ASTM
F2933-25 does not make any changes that would impact any of these
existing requirements.
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\5\ 15 U.S.C. 1278a.
\6\ 15 U.S.C. 2057c.
\7\ 15 U.S.C. 2063(a)(5).
\8\ 15 U.S.C. 2056a(d).
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V. Notice of Requirements
In accordance with section 14(a)(3)(B)(iv) of the CPSA, the
Commission previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies (third party
labs) for testing crib mattresses, and codified the requirement at 16
CFR 1112.15(b)(50). 87 FR 8640 (Feb. 15, 2022). The NOR provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing crib mattresses to 16 CFR part
1241. The NORs for all mandatory standards for durable infant or
toddler products are listed in the Commission's rule, ``Requirements
Pertaining to Third Party Conformity Assessment Bodies,'' codified in
16 CFR part 1112.
ASTM F2933-25 includes one new test fixture, a ``rigid bar,'' and
adds specifications to the firmness test fixture currently used in 16
CFR part 1241. The rigid bar can be easily machined, and its use is
simply integrated into the firmness test protocol. The added
specifications to the firmness test fixture could cause test
laboratories to modify or remake existing test fixtures to ensure they
remain within specification, but the fixture's use is based on the
existing test protocol. Accordingly, the revisions do not significantly
change the way that third party conformity assessment bodies test these
products for compliance with the safety standard for crib mattresses.
Laboratories will begin testing to the new standard when ASTM F2933-25
goes into effect, and the existing accreditations that the Commission
has accepted for testing to this standard will cover testing to the
revised standard. Therefore, the Commission considers the existing
CPSC-accepted laboratories for testing to ASTM F2933-21 to be capable
of testing to ASTM F2933-25 as well. Accordingly, the existing NOR for
this standard will remain in place, and CPSC-accepted third party
conformity assessment bodies are expected to update the scope of the
testing laboratories' accreditations to reflect the revised standard in
the normal course of renewing their accreditations.
VI. Direct Final Rule Process
On December 3, 2025, the Commission provided notice in the Federal
Register of the revision to the standard and requested comment on
whether the revision improves the safety of crib mattresses covered by
the standard. 90 FR 55701. CPSC received four comments. Now, the
Commission is issuing this rule as a direct final rule. Although the
Administrative Procedure Act (APA; 5 U.S.C. 551-559) generally requires
agencies to provide notice of a rule and an opportunity for interested
parties to comment on it, section 553 of the APA provides an exception
when the agency ``for good cause finds'' that notice and comment are
``impracticable, unnecessary, or contrary to the public interest.'' Id.
553(b)(B). The Commission concludes that when it updates a reference to
an ASTM standard that the Commission incorporated by reference under
section 104(b) of the CPSIA, notice and comment are not necessary.
The purpose of this direct final rule is to update the reference in
the Code of Federal Regulations (CFR) so that it reflects the version
of the standard that takes effect by operation of law. This rule
updates the reference in the CFR, but under the terms of the CPSIA,
ASTM F2933-25 would take effect as the new CPSC standard for crib
mattresses in the absence of any action by the Commission. Thus, public
comments would not lead to substantive changes to the standard or to
the effect of the revised standard as a consumer product safety rule
under section 104(b) of the CPSIA. Under these circumstances, notice
and comment are unnecessary.
In Recommendation 2024-6, the Administrative Conference of the
United States (ACUS) endorses direct final rulemaking as an appropriate
procedure to expedite rules that are unlikely to elicit any significant
adverse comments. See 89 FR 106406 (Dec. 30, 2024). ACUS recommends
that agencies use the direct final rule process when they act under the
``unnecessary'' prong of the good cause exemption in 5 U.S.C.
553(b)(B). 89 FR 106406, 106409. ACUS also explains that notice and
comment may be ``unnecessary'' when the agency lacks discretion
regarding the substance of the rule. Id. at 106408. As noted, this rule
updates a reference in the CFR to reflect a change that occurs by
operation of law. Consistent with the ACUS recommendation, the
Commission is publishing this rule as a direct final rule, because CPSC
does not expect any significant adverse comments.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on May 3, 2026. In
accordance with ACUS's recommendation, the Commission considers a
significant adverse comment to be one where the commenter explains why
the rule would be inappropriate, ``including challenges to the rule's
underlying premise or approach,'' or where the commenter explains why
the rule would be ineffective or unacceptable without change. Id. at
106409. As noted, this rule updates a reference in the CFR to reflect a
change that occurs by statute.
If the Commission receives a significant adverse comment, the
Commission will withdraw this direct final rule. Depending on the
comment and other circumstances, the Commission may then incorporate
the adverse comment into a subsequent direct final rule or publish a
notice of proposed rulemaking, providing an opportunity for public
comment.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally
requires agencies to review proposed and final rules for their
potential economic impact on small entities, including small
businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603,
604. The RFA applies to any rule that is subject to notice and comment
procedures under section 553 of the APA. Id. As discussed in section
VI. of this preamble, the Commission has determined notice and comment
are unnecessary for this rule. Therefore, the RFA does not apply. CPSC
also notes the limited nature of this document, which updates the
incorporation by reference to reflect the mandatory CPSC standard that
takes effect under section 104 of the CPSIA by operation of law.
[[Page 6515]]
VIII. Paperwork Reduction Act
The current mandatory standard for crib mattresses includes
requirements for marking, labeling, and instructional literature that
constitute a ``collection of information,'' as defined in the Paperwork
Reduction Act (PRA; 44 U.S.C. 3501-3521). The Commission took the steps
required by the PRA for information collections when it promulgated 16
CFR part 1241, and the marking, labeling, and instructional literature
for crib mattresses are currently approved under OMB Control Number
3041-0159. The revision does not affect the information collection
requirements or approval related to the standard.
IX. Environmental Considerations
The Commission's regulations provide for a categorical exclusion
from any requirement to prepare an environmental assessment or an
environmental impact statement where they ``have little or no potential
for affecting the human environment.'' 16 CFR 1021.5(c)(2). This rule
falls within the categorical exclusion, so no environmental assessment
or environmental impact statement is required.
X. Preemption
Section 26(a) of the CPSA provides that where 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 requirement dealing with the same risk of injury unless the
state requirement is identical to the Federal standard. 15 U.S.C.
2075(a). Section 26(c) of the CPSA also provides that states or
political subdivisions of states may apply to CPSC for an exemption
from this preemption under certain circumstances. Section 104(b) of the
CPSIA deems rules issued under that provision ``consumer product safety
standards.'' Therefore, once a rule issued under section 104 of the
CPSIA takes effect, it will preempt in accordance with section 26(a) of
the CPSA.
XI. Effective Date
Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
when a voluntary standards organization revises a standard that the
Commission adopted as a mandatory standard, the revision becomes the
CPSC standard 180 days after notification to the Commission, unless the
Commission determines that the revision does not improve the safety of
the product, or the Commission sets a later date in the Federal
Register. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of
those actions with respect to the revised standard for crib mattresses.
Therefore, ASTM F2933-25 automatically will take effect as the new
mandatory standard, with some retained modifications, for crib
mattresses on May 3, 2026, 180 days after the Commission received
notice of the revision. As a direct final rule, unless the Commission
receives a significant adverse comment within 30 days of this notice,
the rule will become effective on May 3, 2026, and will apply to
products manufactured after the rule's effective date.
XII. Congressional Review Act and Executive Order 12866
Pursuant to the Congressional Review Act (CRA) and Executive Order
(E.O.) 12866, the Office of Management and Budget's Office of
Information and Regulatory Affairs has determined that this rule does
not qualify as a ``major rule,'' as defined in 5 U.S.C. 804(2), and is
not a significant regulatory action as defined under section 2(f) of
E.O. 12866. To comply with the CRA, CPSC will submit the required
information to each House of Congress and the Comptroller General.
List of Subjects in 16 CFR Part 1241
Consumer protection, Imports, Incorporation by reference, Infants
and children, Law enforcement, Safety.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1241--SAFETY STANDARD FOR CRIB MATTRESSES
0
1. The authority citation for part 1241 is revised to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise and republish Sec. 1241.2 to read as follows:
Sec. 1241.2 Requirements for Crib Mattresses.
(a) Except as provided in paragraph (b) of this section, each crib
mattress must comply with all applicable provisions of ASTM F2933-25
(incorporated by reference, see Sec. 1241.3).
(b) Comply with ASTM F2933-25 with the following additions or
exclusions:
(1) Instead of complying with section 5.6.1.1 of ASTM F2933-25,
comply with the following:
(i) 5.6.1.1 Mattress Size--The dimensions of a full-size crib
mattress shall measure at least 27 \1/4\ in. (690 mm) wide and 51 \5/8\
in. (1310 mm) long. When the mattress with the test mattress sheet is
placed against the perimeter and in the corner of the crib, the corner
gap shall not exceed 3.15 in. (80.0 mm). Dimensions shall be tested in
accordance with 6.2.
(ii) [Reserved]
(2) Instead of complying with section 5.6.2 through 5.6.2.2 of ASTM
F2933-25, comply with the following:
(i) 5.6.2 Non-Full-Size Crib Mattresses--For the purposes of this
section, the term product refers to a non-full-size crib.
(ii) 5.6.2.1 Mattress supplied with a non-full-size crib: Shall
meet the applicable requirements of the following sections of ASTM F406
(incorporated by reference, see Sec. 1241.3) when tested with the
product with which it is supplied: Stability; Cord/Strap Length;
Mattresses for Rigid sided products; and Crib Side Height. (See16 CFR
part 1220 for the Safety Standard for Non-Full-Size Baby Cribs.)
(iii) 5.6.2.2 After-market mattresses for non-full-size cribs:
Shall be treated as though the mattresses were ``the mattress supplied
with a non-full-size crib'' and shall meet the applicable requirements
of the following sections of ASTM F406 when tested to the equivalent
interior dimension of the product for which it is intended to be used:
Stability; Cord/Strap Length; Mattresses for Rigid sided products; and
Crib Side Height. (See 16 CFR part 1220 for the Safety Standard for
Non-Full-Size Baby Cribs.)
(iv) 5.6.2.3 The after-market mattress must be at least the same
size as the original equipment mattress or larger and lay flat on the
floor of the product, in contact with the product mattress support
structure.
(v) 5.6.2.4 If the original equipment mattress includes a floor
support structure, the after-market mattress must include a floor
support structure that is at least as thick as the original equipment
mattress floor support structure.
(vi) 5.6.2.5 If the original equipment mattress includes storage
accommodations for the product instruction manual, the after-market
mattress shall provide equivalent storage accommodations for the
product instruction manual.
(3) Instead of complying with section 5.8 through 5.8.1.2 of ASTM
F2933-25, comply with the following:
(i) 5.8 After-Market Mattress for Play Yard--For the purposes of
this section, the term ``product'' refers to a play yard.
(ii) 5.8.1 For Mesh/Fabric Sided Play Yard Products.
(A) 5.8.1.1 The after-market mattress and product it is tested in
shall meet the
[[Page 6516]]
applicable requirements of the following sections of ASTM F406 when
tested with each brand and model of product for which it is intended to
replace the mattress: Stability; Cord/Strap Length; Mattress; Height of
Sides; Floor Strength; Mattress Vertical Displacement. (See 16 CFR part
1221 for the Safety Standard for Play Yards.)
(B) 5.8.1.2 If the aftermarket mattress is intended to be used in
the bassinet of a play yard with a bassinet attachment, the mattress
shall also meet the applicable requirements of the following sections
of ASTM F2194 (incorporated by reference, see Sec. 1241.3) when tested
with each brand and model for which it is intended to replace the
mattress: Mattress Thickness for Fabric or Mesh Sided Products;
Mattress dimensions; Side Height; Bassinets with Segmented Mattresses.
This paragraph applies only to a play yard mattress that is
interchangeably used as a play yard mattress and as a bassinet
mattress/pad. (See 16 CFR part 1218 for the Safety Standard for
Bassinets and Cradles.)
(4) Renumber section 6.2.2 of ASTM F2933-25 to section 6.2.3.
(5) Renumber section 6.2.2.1 of ASTM F2933-25 to section 6.2.3.1.
(6) Renumber section 6.2.2.2 of ASTM F2933-25 to section 6.2.3.2.
(7) Renumber section 6.2.2.3 of ASTM F2933-25 to section 6.2.3.3.
(8) Renumber section 6.2.2.4 of ASTM F2933-25 to section 6.2.3.4.
(9) Add the following paragraphs to section 6.2.3 of ASTM F2933-25:
(i) 6.2.3.5 The test mattress sheet shall be placed on the mattress
such that each sheet edge is wrapped fully around and under the
mattress.
(ii) 6.2.3.6 Repeat step 6.2.3.2. Then measure the shortest gap
between the mattress and the projected crib corner after the dimensions
of the mattress have been recorded. The projected crib corner is
located 53 in. \1/8\ in. (1346 mm 3.2 mm)
from Wall C and 28 \5/8\ in. \1/8\ in. (727 mm 3.2 mm) from Wall D, as shown in Fig. 12. The mattress shall not
be moved during measurement. This shall be the corner gap measurement.
(iii) 6.2.3.7 Rotate the mattress 180[deg] such that the opposing
corner is adjacent to Walls C and D, then repeat 6.2.3.6.
(10) Instead of complying with section 6.2.2 of ASTM F2933-25,
comply with the following:
(i) 6.2.2 Test Equipment-Mattress Sheet. (A) 6.2.2.1 The mattress
sheet shall be 100% cotton and fitted for the mattress to be tested.
(B) 6.2.2.2 The mattress sheet shall be washed in hot water (50
[deg]C [122 [deg]F] or higher) and dried a minimum of two times on the
highest setting using household textile laundering units. This shall be
the test mattress sheet.
(11) Add the following Figure to section 6 of ASTM F2933-25: Figure
12.
Figure 12. Projected Crib Corner and Corner Gap Measurement Location
[GRAPHIC] [TIFF OMITTED] TR12FE26.002
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3. Add Sec. 1241.3 to read as follows:
Sec. 1241.3 Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the U.S.
Consumer Product Safety Commission and at the National Archives and
Records Administration (NARA). Contact the U.S. Consumer Product Safety
Commission at: Office of the Secretary, U.S. Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301)
504-7479, email [email protected]. For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The material may be
obtained from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700,
West Conshohocken, PA 19428; phone (610) 832-9585; website:
www.astm.org/READINGLIBRARY/:
(a) ASTM F406-24, Standard Consumer Safety Specification for Non-
Full-Size Baby Cribs/Play Yards, approved August 1, 2024; into Sec.
1241.2.
(b) ASTM F2194-25, Standard Consumer Safety Specification for
Bassinets and Cradles, approved August 1, 2025; into Sec. 1241.2.
(c) ASTM F2933-25, Standard Consumer Safety Specification for Crib
[[Page 6517]]
Mattresses, approved October 1, 2025; into Sec. 1241.2.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-02855 Filed 2-11-26; 8:45 am]
BILLING CODE 6355-01-P