Register, and does not replace the official print version or the official The Commission chose the appropriate ASTM voluntary standards for cribs to be the basis for the CPSC's crib regulations. However, we feel it is more important to use a standard size test mattress for test repeatability between testing facilities. The combination of the shake test (to simulate a child standing and shaking the top of a side rail), the vertical mattress support impact test (child jumping), the crib side rail impact test (child climbing outside of rail), and the slat/spindle strength test (child and/or sibling falling against or kicking slats) comprise a laboratory simulation of a lifetime of use. Whether buying a new crib or borrowing a used one, make sure it was made after 1989, which is the year crib safety standards were implemented. ), or an interior width dimension greater than 77.7 cm (305/8 in. The actual cost of such an effort is unknown, but could be significant, especially for the one firm that relies on the production and sale of non-full-size cribs and related products, such as accompanying furniture and bedding. The same commenter noted that the preamble to the proposed rule concluded that “the proposed changes to the voluntary standard should not significantly affect replacement costs” (75 FR at 43319). However, for the present, we feel that it is more important to ensure repeatability between test laboratories by requiring the same vertical mattress impact test for both full-size and non-full-size cribs. (1) Non-full-size baby crib means a bed that is: (ii) Intended for use in or around the home, for travel, in a child care facility, in a family child care home, in a place of public accommodation affecting commerce and other purposes; (iii) Has an interior length dimension either greater than 139.7 cm (55 in.) Expiration Date/Definition of Useful Life of Crib, 15. The final rule incorporates by reference ASTM F 1169-10 with two modifications: Like the proposal, the final rule states that this part establishes a consumer product safety standard for new and used full-size cribs. The commenter did not include data to support this assertion that crib manufacturers are reducing the side height now that they are no longer making drop-side cribs. A third alternative that could reduce the impact on small firms would be to provide an even longer compliance period for child care centers, family child care homes, and places of public accommodation. There are probably additional unknown small manufacturers and importers operating in the U.S. market. ASTM Standards. The discussion also has been modified to take into account specifically the possibility that child care centers might go out of business, as well as the impact of the final rule on families using child care. Additionally, our review of the incident data reported to the CPSC from November 1, 2007 through April 11, 2010, shows that at least two reports of incidents in child care facilities were received. For complete information about, and access to, our official publications Additionally, 15 firms claim compliance, although their products have not been certified by JPMA. One comment, submitted on behalf of several organizations and individuals, expressed concern about health and environmental risks that the commenters believed could be associated with the use of certain flame retardants or other potentially harmful chemical agents in the manufacture of crib mattresses. CPSC staff grouped these incidents into four broad categories: (1) Product-related; (2) non-product-related; (3) recall-related; and (4) miscellaneous. As previously noted, section 104 of the CPSIA explicitly makes the crib standards applicable to retailers of both new and used non-full-size cribs and to child care facilities and places of public accommodation, such as hotels that supply non-full-size cribs to their patrons. In addition to the depth of your baby’s crib, there are also requirements on the height of corner posts. L. 110-314, § 104, 122 Stat. The label mentioned by the commenter has been part of the ASTM standard for non-full-size cribs since 1997, and JPMA-certified non-full-size cribs have displayed that warning since that time. Although the Commission received numerous comments from child care centers concerning their difficulties with meeting the new crib standards within six months, we did not receive any comments from hotels or similar places of public accommodation indicating the need for additional time to obtain complying cribs for such establishments. Loosening of wood screws and other fasteners also has led to crib incidents. Although this would reduce the impact on the smaller of these entities, it would not have any impact on small manufacturers or importers. 552(a) and 1 CFR part 51. Inspect the slats for peeling paint, splinters and sharp edges. Requirements for non-full-size baby cribs. The CPSC standard could have a significant impact on one or more of the 12 firms that are not compliant with the voluntary standard, because their products might require substantial modifications. The commenter also suggested that professional child care environments should be allowed to use drop-side cribs because infants are supervised constantly when they are in the crib, and the cribs are checked routinely for safety. By Valerie Baldowski. Until the ACFR grants it official status, the XML Regardless, section 104(b) of the CPSIA requires us to promulgate regulations that are substantially the same as voluntary standards or more stringent than such voluntary standards if we determine that the more stringent standards would further reduce the risk of injury associated with durable nursery products. (Response 37)— Measurements of various cribs taken by CPSC staff show that there are some drop-side cribs and some non-drop-side cribs that just meet the minimum side height requirement Start Printed Page 81778and there are some drop-side cribs and non-drop-side cribs that have greater-than-minimum side heights. Thus, the crib standards apply to owners and operators of child care facilities, family child care homes, and places of public accommodation such as hotels and motels, as well as to manufacturers, distributors, and retailers of cribs. However, the recordkeeping requirements in the Start Printed Page 81767ASTM standards are expanded from the 3-year retention period that was required in 16 CFR parts 1508 and 1509 to a 6-year retention period, which is consistent with the consumer registration provision in section 104(d) of the CPSIA. Standard crib: Sturdy, safe and comfortable, a traditional crib is a cozy first bed for baby. Test requirement for accessories—a new requirement for the 2010 standards that is intended to address any cribs that may now, or in the future, include accessories, such as bassinets or changing tables. After drop-sides, loose screws are the second highest cause of fatalities associated with the structural integrity of cribs. ASTM revised ASTM F 406 several times subsequently. For instance, the recently released CPSC video on safe sleeping, (http://www.cpsc.gov/​cpscpub/​prerel/​prhtml11/​11021.html. The new crib standards in this final rule, which incorporate the applicable ASTM standards, include the requirements of 16 CFR parts 1508 and 1509. If a crib has contoured or decorative spindles, in either or both of the sides or ends, the measurement shall be determined from the largest diameter of the first turned spindle within a range of 10 cm (4 in.) The intent of the slat strength test is to verify that the crib slats can withstand 80 lbf. L. 110-314, § 104, 122 Stat. The CPSC's final rule for non-full-size cribs excludes this provision, just as the CPSC's final rule for full-size cribs does. The total one-time cost to child care centers, the majority of which are small, of replacing all of their full-size cribs is estimated to be approximately $97 million nationwide. CPSC staff estimates that there currently are at least 17 manufacturers or importers supplying non-full-size cribs to the U.S. market. According to SBA guidelines, retailers and service providers, such as child care centers and places of public accommodation, are considered small if they have $7 million or less in annual receipts. This will reduce further the need for the retightening allowance, especially with crib designs that utilize fasteners that are difficult to access. CPSC staff estimates that there are currently approximately 591 models of full-size cribs compared to approximately 81 models of non-full-size cribs. In June 2002, in order to group products with similar uses, ASTM combined its non-full-size crib standard, ASTM F 1822-97, with its play yard standard (F 406-99, Standard Consumer Safety Specification for Play Yards) to create ASTM F 406-02, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards. documents in the last year, 1060 In turn, we do not consider such arrangements to be subject to the new crib standards. Among child care service providers, approximately 98 percent have receipts of less than $5 million, with an additional 0.9 percent having receipts between $5 million and $9.99 million. at 43318). The strict guidelines for crib construction help prevent many injuries. Shop for baby crib safety standards at buybuy BABY. Therefore, if 75 percent of the cribs that must be replaced are non-full-size cribs, then replacement for an individual child care center could run from $1,500 to as high as $16,500. Of course, manufacturers of products are accustomed to meeting performance standards. ), is an example of an educational tool designed to bring more awareness to new parents of the dangers of extra or soft bedding. The CPSIA defines a “place of public accommodation affecting commerce” with reference to the Federal Fire Prevention and Control Act of 1974 (but without the phrase that excludes establishments owned by the Federal Government). New Baby Crib Safety Standards. The initial regulatory flexibility analysis in the briefing package for the proposed rule assumed that most, if not all, child care centers use smaller, non-full-size cribs; thus, staff did not expect a significant impact associated with full-size cribs. The new standards apply to all full-size and non full-size cribs including wood, metal and stackable cribs. The proposed modifications were: (1) Replacing the mattress support performance requirement in ASTM F 406-10 with the requirement that is in the ASTM full-size crib standard; (2) changing the side impact test in ASTM F 406-10 to make it identical to the requirements in the ASTM full-size crib standard; (3) adding a requirement for movable side latches that is similar to a provision in previous versions of the ASTM F 406 standard; and (4) specifying the order for conducting structural tests, as in the full-size crib standard. documents in the last year, 1456 on (b) Compliance dates. (D) Undersize crib— a non-full-size baby crib with an interior length dimension smaller than 126.3 cm (493/4 in. (Comment 8)— Some commenters were concerned that the rule might result in child care centers or consumers using play yards instead of cribs. ASTM F 406-10a adds the provision that was (and continues to be) in the ASTM standard for full-size cribs, which requires the retightening of screws and bolts between tests. Rather, to change the federal crib standards, we would need to engage in notice and comment rulemaking procedures and refer to a subsequent version of the ASTM standards. (Comment 21)— One commenter suggested that we include in an Enforcement Policy a clarification that consumers can continue to use cribs that conform to ASTM standards in effect in 2010. This, the commenter stated, could increase the time and costs of testing. JPMA, the major U.S. trade association representing juvenile product manufacturers and importers, runs a voluntary certification program for several juvenile products. The total one-time cost to child care centers, the majority of which are small, of replacing all of their non-full-size cribs is estimated to be approximately $290 million nationwide. documents in the last year, 42 The impact of the CPSC's non-full-size crib standard on small manufacturers will differ based on whether their products are expected to be compliant with ASTM standard F 406-10. We discuss differences between the proposed rule and ASTM F 406-10a in section F of this preamble. Providing child care centers, family child care homes, and places of public accommodation with 24 months (as measured from the date of publication of this final rule in the Federal Register) to comply with the new crib standards will reduce the impact on them. The Consumer Product Safety Improvement Act of 2008 (“CPSIA”, Pub. (1) Except as provided in paragraph (b)(2) of this section, compliance with this part 1220 shall be required on June 28, 2011, and applies to the manufacture, sale, contract for sale or resale, lease, sublet, offer, provision for use, or other placement in the stream of commerce of a new or used non-full-size baby crib on or after that date. Section 104(c)(1) of the CPSIA makes it a prohibited act under section 19(a)(1) of the Consumer Product Safety Act (“CPSA”) for any person to whom section 104(c) of the CPSIA applies to “manufacture, sell, contract to sell or resell, lease, sublet, offer, provide for use, or otherwise place in the stream of commerce a crib that is not in compliance with a standard promulgated under subsection (b) [of the CPSIA].” Section 104(c)(3) of the CPSIA defines “crib” as including new and used cribs, full-size and non-full-size cribs, portable cribs, and crib pens. The final rule adds one provision for full-size cribs that was not contained in the proposed rule. that agencies use to create their documents. The commenter stated that it would make sense for the crib to be arrested during testing so that the crib does not rock, but the commenter felt that this was not clear in the proposed rule. Additionally, two firms claim compliance, although their products have not been certified by JPMA. (2) Place of public accommodation affecting commerce means any inn, hotel, or other establishment that provides lodging to transient guests, except that such term does not include an establishment treated as an apartment building for purposes of any State or local law or regulation or an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied as a residence by the proprietor of such establishment. L. 111-199) and that the CPSC should require that all cribs using composite wood be tested for compliance to these standards. The requirement to make a crib unusable when a part is misassembled is not feasible because consumer modifications and misassemblies could be clever and forceful. (Comment 27)— One commenter asked about the difference between movable sides and folding sides as defined in the voluntary full-size crib standard, ASTM F 1169-10. (A play yard is defined as “a framed enclosure that includes a floor and has mesh- or fabric-sided panels primarily intended to provide a play or sleeping environment for children. This rule contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. The test applies a cyclic force (9,000 vertical and then 9,000 horizontal load cycles using 27 lbf) at the midpoint of each top rail, end, and side of the crib. has no substantive legal effect. Miscellaneous Clarifications About Use of Certain Cribs/Play Yards, 19. As explained in the analysis of the impact of the full-size crib standard, CPSC staff estimates that 23,236 retail firms would be considered small according to SBA's guidelines. Based on review of the comments, the final rule provides a 6-month effective date (as measured from the date of publication of this final rule in the Federal Register) with two compliance dates: a 6-month compliance date for all entities subject to the rule, except for child care facilities, family child care homes, and places of public accommodation, which have 24 months (as measured from the date of publication of this final rule in the Federal Register) to provide cribs that comply with the standards. However, after the crib side impact test, another fastener, a wing nut securing the mattress support, backed off several turns, creating about a three millimeter separation, which is noncompliant with the requirement. Every person who provides cribs in a child care setting or as part of the furnishings in a public accommodation has a responsibility to provide the safest possible environment for the children using those cribs. Federal Register issue. If buying a new crib, make sure to select one with fixed sides and slats no more than 2 3/8 inches apart that has been approved by the Juvenile Products Manufacturers Association and the U.S. Consumer Product Safety Commission (CPSC). Nothing else should be in the crib except for the baby. The Commission voted 5-0 to approve publication of this final rule. The Commission invited comments regarding the sufficiency of a 6-month effective date for the crib standards, which are discussed in section E.10 of this preamble. Most of the remaining injuries resulted from children getting their limbs caught between crib slats, falling inside the crib and hitting the crib structure, or getting stuck in gaps created by structural failures. Although some child care centers could replace their non-full-size cribs with less expensive play yards (typically $100-$200), this alternative may not be available to some child care centers if state licensing laws require use of cribs rather than play yards. How can a manufacturer make a part unusable if misassembled, when the test lab is allowed to ignore the manufacturer's instructions? The final rule for non-full-size cribs excludes the provision in section 6.10 in the ASTM standard that requires retightening of screws and bolts between the crib side latch test and the mattress support vertical impact test (§ 1220.2(b)(3) of the CPSC standard). These comments mostly dealt with the requirements as they would apply to child care centers. Reg. As mentioned in section B.2 of this preamble, CPSC staff estimates that there are currently 68 manufacturers or importers supplying full-size cribs to the U.S. market. A non-full-size crib may be either smaller or larger than a full-size crib, or shaped differently than the usual rectangular crib. (Comment 32)— Several commenters argued for modifying the warning on non-full size cribs, which states, in part: “Use ONLY mattress/pad provided by manufacturer * * *” and instead use language that does not specify the manufacturer of the replacement mattress, because some manufacturers make mattresses for other manufacturers' products. One commenter, however, disagreed with exclusion of the hardware retightening provision. If a crib does not meet current safety standards, your baby may be injured. Manufacturers are no longer allowed to retighten bolts and screws on a crib during testing.