[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Proposed Rules]
[Page 71570-71572]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no08-27]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Options to Address Crib Safety Hazards; Advance Notice of
Proposed Rulemaking; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Advance Notice of Proposed Rulemaking.
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SUMMARY: The Commission is required by section 104 of the Consumer
Product Safety Improvement Act of 2008 to examine and assess, in
consultation with consumer groups, juvenile product manufacturers, and
independent child product engineers and experts, the voluntary
standards for, inter alia, full size and non-full-size cribs. In
particular, the Commission has determined it will examine and assess
potential design and durability issues by seeking input and information
about hardware systems, other hardware issues, assembly and
instructional problems and wood quality/strength issues for full size
and non-full-size cribs with stationary or drop-side construction.
This advance notice of proposed rulemaking (ANPR) is being issued
to commence the consultative process with stakeholders to examine and
assess the effectiveness of the voluntary standards for full size and
non-full-size cribs.\1\ The Commission solicits written comments
concerning the risks of injury associated with full size and non-full-
size cribs, possible ways to address these risks, and the economic
impacts of the various regulatory alternatives.
DATES: Comments and submissions in response to this notice must be
received by January 26, 2009.
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\1\ The Commission voted 2-0 to publish the FR notice as
drafted.
ADDRESSES: Comments should be filed by e-mail to cribsanpr@cpsc.gov.
Comments also may be filed by telefacsimile to (301) 504-0127 or
mailed, preferably in five copies, to the Office of the Secretary,
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
Maryland 20814; telephone (301) 504-7530. Comments should be captioned
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ANPR for Options to Address Crib Safety Hazards.
FOR FURTHER INFORMATION CONTACT: Patricia L. Hackett, Directorate for
Engineering Sciences, Consumer Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland 20814; telephone (301) 504-7577 or e-
mail: phackett@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
1. Voluntary Standards Activity
CPSC staff has participated in ASTM subcommittee activities on
cribs since the standards were first developed. While ASTM has made
some revisions in response to our input in the past, several staff
recommendations regarding crib hardware that this ANPR addresses (Tab A
at http://www.cpsc.gov/library/foia/foia09/brief/ashaz.pdf) have been
considered by the voluntary standards subcommittee, but as of yet, no
additional performance requirements have been agreed upon. More recent
staff recommendations have involved assembly issues and strength/
quality of wood. (Tab B at http://www.cpsc.gov/library/foia/foia09/
brief/ashaz.pdf).
2. Compliance Activities
The Office of Compliance staff has opened seven investigative cases
pertaining to crib hazards since the initiation of the CPSC early
warning system (EWS) in November 2007. Five of these investigations
resulted in recalls of over 2.5 million cribs and pertain to such
issues as drop-side-hardware defects, wood quality issues, and
dimensional defects. Investigations that are still pending resolution
also pertain to drop-side hardware related problems.
B. Statutory Authority
Section 104(b)(1)(A) of the Consumer Product Safety Improvement Act
of 2008 (CPSIA), Public Law 110-314, August 14, 2008, requires the
Commission in consultation with representatives of consumer groups,
juvenile product manufacturers, and independent child product engineers
and experts, [to] examine and assess the effectiveness of any voluntary
consumer product safety standards for durable infant or toddler
products. Because of the amount of information necessary to address the
range of technical issues involved in evaluating the hazards posed by
cribs, and the amount of time needed by CPSC staff to evaluate that
information prior to the Commission issuing a notice of proposed
rulemaking under section 104(b)(1)(B), the Commission is using this
ANPR as part of the consultation process.
The issuance of this ANPR for purposes of undertaking the
consultative process required by section 104(b)(1)(A), does not begin
the rulemaking process for full size and non-full-size cribs mandated
by section 104(b)(1)(B) of the CPSIA. That will be done when the
Commission determines to do so according to its priorities and
resources.
C. The Product
The Commission has issued mandatory standards under the Federal
Hazardous Substances Act (FHSA) for both full-size cribs and non-full-
size baby cribs (16 CFR 1508 and 1509 respectively). A full-size crib
is defined at 16 CFR 1508 as a bed designed to provide sleeping
accommodations for an infant and used in the home, with the following
interior dimensions: 71 1.6 centimeters (28
\5/8\ inches) wide by 133 1.6 centimeters (52\3/8\ \5/8\ inches) long.
A non-full-size crib is defined at 16 CFR 1509 with the same
wording as a full-size crib, but with dimensions that are either
greater or smaller than the ones contained in 16 CFR 1508. The
regulation specifically excludes mesh/net/screen cribs, nonrigidly
constructed cribs, cradles, car beds, baby baskets, and bassinets.
D. The Risk of Death or Injury
1. Incident Data
Since its inception in November 2007, the CPSC EWS program has led
to the evaluation of over 1200 crib incidents and related issues. These
include incidents involving hardware systems, assembly errors, wood
quality, bedding issues, paint problems, and general design concerns.
Since that time, the EWS program has identified many issues with cribs
which have led or could lead to entrapment and strangulation. In the
last year, CPSC staff has assigned over 250 crib incidents for follow
up in-depth
[[Page 71571]]
investigations (IDIs), including nine entrapment deaths and many
injuries or near misses, where hardware has been the issue.
As a result of EWS review, the Office of Compliance staff has
opened seven investigative cases pertaining to crib hazards. Five of
these investigations resulted in a recall of over 2.5 million cribs and
pertain to such issues as drop side hardware defects, wood quality
issues, and dimensional defects. Investigations that are still pending
resolution also pertain to drop side hardware related problems.
2. Analysis of Incident Data
a. Drop-Side Cribs and Related Hardware Systems
A review of the incident data and follow up investigations seen in
the CPSC EWS program have indicated that cribs with drop sides are the
type most likely to experience hardware problems. Due to their design,
these cribs contain additional moving parts and have more non-rigid
joints or connections between components than non-drop-side cribs. Of
particular interest are several incidents where the drop side
disengaged in one or more corners due to a variety of reasons,
including design defects. These disengagements can go undetected by
parents or caregivers and can worsen when the baby pushes or leans
against the side of the crib.
With some drop-side-crib designs, because of the presence of the
drop side, the rest of the crib can often experience more movement or
stresses during foreseeable use than the same crib without a drop side.
This can result in problems arising in other components on the crib,
such as the mattress-support system, or the stationary-side-hardware
connections. Thus, hazards seen on other hardware systems on a drop-
side crib might be caused or exacerbated by the design and use of the
drop-side system. CPSC staff does not believe that there are adequate
performance requirements in either the mandatory or ASTM voluntary
standards pertaining to the durability of drop-side systems and related
hardware.
b. Other Hardware Issues
The CPSC EWS program has also uncovered other hardware issues in
cribs experienced on both drop-side cribs and non-drop-side cribs.
Although some cribs do not have a drop side, they all have mattress-
support systems that typically use hardware to connect to the sides of
the crib. CPSC staff has reviewed dozens of incident reports from the
EWS program relating to mattress support systems, many of which were on
drop-side cribs but some that have failed in non-drop-side cribs. These
failures typically involve hardware issues, though some are wood
component problems.
Though not as numerous, CPSC staff has also reviewed incident
reports of problems with rigidly connected components, such as a bolted
connection or a screw-to-metal insert connection between two stationary
sides of the crib. These incidents also span both drop-side cribs and
non-drop-side cribs.
Missing, damaged or broken hardware can result in the partial
separation of a crib component from the rest of the crib. This can
generate gaps that may allow an infant's body to pass through and trap
the infant at the head or neck, resulting in strangulation deaths.
Infants can also suffocate when their head becomes wedged in the space
between the crib frame and the mattress.
CPSC staff does not believe that there are adequate performance
requirements in either the mandatory or ASTM voluntary standards
pertaining to the durability of other crib hardware systems.
c. Assembly and Instructional Issues
In many incidents, including at least four fatalities, consumer-
installed crib components were found to have been installed incorrectly
or incompletely. These component installation errors can easily remain
undetected by the parents because the crib will still work despite the
mis-assembly. CPSC staff's review of various crib assembly instructions
shows a varied approach and often inadequate warnings regarding the
consequences of a mis-installation. CPSC staff does not believe that
there are adequate requirements in either the mandatory or ASTM
voluntary standards pertaining to assembly hazards.
d. Wood Quality/Strength
Another serious hazard uncovered by the CPSC EWS program was a
quality/strength issue with wood components. There are no performance
requirements in either the CPSC mandatory or ASTM voluntary standards
for wood quality and integrity. A wood quality problem can result in a
fractured or missing slat, creating a gap that can lead to entrapment.
CPSC staff does not believe that there are adequate performance
requirements in either the mandatory or ASTM voluntary standards
pertaining to wood strength or quality.
E. Existing Standards
1. Summary of CPSC Regulatory Activity
The full-size crib regulation, 16 CFR 1508, was published in 1973
and amended in 1982. The regulation for non-full-size cribs, 16 CFR
1509, was published in 1976 and amended in 1982. Both standards
currently contain requirements pertaining to dimensions, spacing of
components, hardware, construction and finishing, assembly
instructions, cutouts, identifying marks, warning statements, and
compliance declarations. In addition, 16 CFR 1509 contains a
requirement regarding mattresses.
On December 16, 1996, the Commission published an ANPR pertaining
to crib slat disengagement. The basis for the ANPR was the incident
data for an 11-year span, which totaled 138 incidents, including 12
deaths due to entrapment. When slats disengage from the crib-side
panel, a gap is left between the remaining slats. A child may be able
to get his or her body through the space but not his or her head,
resulting in entrapment and potentially severe injury or death.
Following the publication of the ANPR, ASTM International (formerly
known as the American Society for Testing and Materials) published a
revised standard for full-size cribs (ASTM F 1169-99) in July 1999,
which included requirements to address crib-slat integrity. Since that
time, the rulemaking has remained open and CPSC staff has been
monitoring crib incidents, including slat problems and other potential
entrapment hazards.
2. Summary of Voluntary Standards Activity
There are several voluntary standards addressing baby cribs. These
include, but are not limited to standards issued by the following
organizations: ASTM International, Underwriters Laboratories (UL),
British Standards Institute (BSI), Health Canada, and the International
Organization for Standardization (ISO).
The ASTM crib standards for full size and non-full-size cribs are
the ones most widely accepted and conformed to in the U.S. In addition,
the Juvenile Product Manufacturers Association (JPMA) has a
certification program that manufacturers can join to demonstrate and
certify that their products meet current applicable ASTM standards.
Members in good standing can display a JPMA certification seal on their
products as a symbol that they are certified.
The ASTM standard on full-size cribs (ASTM F 1169) was first
published in 1988 and the current version was published in 2007. This
standard refers to 16 CFR 1508 and includes several additional
requirements, including corner-post-extension dimensions, mattress-
support-system requirements, and crib-side-performance requirements.
The ASTM standard on
[[Page 71572]]
non-full-size cribs (ASTM F 1822) was first published in 1997. In 2002,
the standard was combined with the play yard standard, and the current
version (ASTM F 406) was published in 2008. This standard has many
requirements, some pertaining only to play yards, and others that are
very similar to what is in ASTM F 1169, pertaining to rigid sided, non-
full-size cribs.
F. Solicitation of Information and Comments
CPSC staff is interested in obtaining information and data to help
in the possible development of a mandatory regulation. Below, by
category, is the information requested:
Product Availability:
Whether there is a crib design on the market that
addresses the drop-side and hardware issues identified in Section D
above.
Whether there is a crib concept or patent that addresses
the drop-side and hardware issues identified in Section D above.
Market Information:
The U.S. market share of drop-side cribs versus other
types of cribs.
The U.S. market share of domestic manufacturers versus
foreign manufacturers.
The distribution of crib sales by manufacturer and/or
retail price for both drop-side and other cribs.
The models and model numbers of cribs and the annual sales
figures for each model from the time such product was made available in
the marketplace.
The names and addresses of manufacturers and distributors
who make and sell drop-side and other cribs.
Costs of Various Alternatives:
The costs to manufacturers of redesigning cribs to remove
the risk of entrapment and/or the cost of removing these cribs from the
market.
The costs of mandating a testing requirement, a quality
control/quality assurance program requirement, a labeling or
instructions requirement, and/or recordkeeping requirement (especially
for small firms).
Comparisons of the costs of producing drop-side cribs
versus any available substitute products.
Other information on the potential costs of alternative
rules.
Benefits of Various Alternatives:
Comparisons of the utility to consumers of using drop-side
cribs versus any available substitute products.
The benefits of mandating a testing requirement, a quality
control/quality assurance program requirement, a labeling or
instructions requirement, and/or recordkeeping requirement.
Other information on the potential benefits of alternative
rules.
Small Business Impacts:
The likelihood and nature of any significant economic
impact of a rule on small entities.
Alternatives the Commission should consider, as well as
the costs and benefits of those alternatives to minimize the burdens or
costs to small entities.
Household Data/Information:
The estimated average expected life of a crib and/or an
estimated number of cribs in U.S. households.
Information or data on the primary reasons consumers
purchase and/or use drop-side cribs versus other types of cribs.
Information concerning consumer use of cribs,
specifically, how long they own them, how frequently they use them and
for what duration, and product life (in years). Also, information
concerning the frequency of resale and/or handing down to other
consumers.
Foreign Crib Experience:
Information concerning the types of cribs used in other
countries and how the use pattern may be different from that seen in
the U.S.
Injury and death data pertaining to crib uses outside the
U.S.
Standards used by crib manufacturers that market to non-
U.S. markets.
Incident Data:
Other crib incident data, not already contained in CPSC
data bases, regardless of whether the incident was the fault of the
consumer, user, manufacturer, distributor, shipper, retailer or
assembler.
Crib parts replacements information. Including parts sold
or offered by the manufacturer, as potential safety problems can often
be predicted by looking at the pattern of requests for replacement
parts for specific crib models or lines.
Any studies regarding injuries, deaths, or potential
injuries associated with drop-sided vs. non-drop-sided cribs.
Other Standards or Testing Requirements:
Information on other standards not outlined in this ANPR,
including test requirements specific to a manufacturer or retailer that
should be considered for the mandatory regulation.
Information concerning experience with crib standards
other than the CPSC mandatory regulations and the ASTM standards.
Comments should be filed by e-mail to cribsanpr@cpsc.gov. Comments
also may be filed by telefacsimile to (301) 504-0127 or mailed,
preferably in five copies, to the Office of the Secretary, Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, Maryland
20814; telephone (301) 504-7530. Comments should be captioned ``ANPR
for Options To Address Crib Safety Hazards.'' All comments and
submissions should be received no later than January 26, 2009.
Dated: November 18, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E8-27753 Filed 11-24-08; 8:45 am]
BILLING CODE 6355-01-P