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CPSC Issues ANPR to Assess Effectiveness of Current and Voluntary Crib Standards as Part of Required Rulemaking

The Consumer Product Safety Commission has issued an advance notice of proposed rulemaking to begin the consultative process with stakeholders to examine and assess the effectiveness of the voluntary standards for full size and non-full-size cribs as required by the Consumer Product Safety Improvement Act of 2008 (CPSIA1).

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Comments and submissions must be received by January 26, 2009.

There are Older Mandatory Crib Standards and Newer Voluntary Standards

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. 16 CFR 1509 also contains a requirement regarding mattresses.

In addition, there are several (more recent) voluntary standards addressing baby cribs. According to the CPSC, the ASTM International2 crib standards for full and non-full-size cribs are the ones most widely accepted and conformed to in the U.S.

The current version of the ASTM standard on full-size cribs (ASTM F1169) was published in 2007. It refers to 16 CFR 1508 and includes several additional requirements, including corner-post-extension dimensions, mattress-support-system requirements, crib-side-performance requirements, and requirements to address crib-slat integrity.

The current version of the ASTM standard on non-full-size cribs (ASTM F406) was published in 2008 and has many requirements, some pertaining only to play yards, and others that are very similar to what is in ASTM F1169, pertaining to rigid sided, non-full-size cribs.

CPSC to Assess Certain Design/Durability Issues Inadequately Addressed in Standards

In particular, the CPSC 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.

CPSC staff does not believe there are adequate performance requirements in either the mandatory or ASTM voluntary standards pertaining to: the durability of drop-side systems and related hardware; the durability of other crib hardware systems; assembly hazards; and wood strength or quality.

(For example, CPSC believes that missing, damaged or broken hardware can result in the partial separation of a crib component from the rest of the crib, generating dangerous gaps; wood quality problems can lead to fractured or missing slats creating a gap that can lead to entrapment, etc.).

According to the CPSC, it is using this ANPR as part of the consultation process 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 issuing the required proposed rule.

CPSC Seeks Info/Data on Product Availability, Alternatives, Incident Data, Etc.

The CPSC is interested in obtaining information and data on the following topics to help in the possible development of a mandatory regulation: (1) product availability; (2) market information; (3) costs of various alternatives; (4) benefits of various alternatives; (5) small business impacts; (6) household data/information; (7) foreign crib experience; (8) incident data; and (9) other standards or testing requirements.

(See the ANPR for complete list of questions under each topic.)

1The CPSIA, enacted as Public Law 110-314 on August 14, 2008, requires the CPSC to either make mandatory the existing voluntary safety standards for various durable infant and toddler products (including full and non full-size cribs) or provide a stricter mandatory safety standard for them. (See ITT's Online Archives or 09/30/08 news, 08093005, for BP summary of this requirement.)

2Formerly known as the American Society for Testing and Materials.

- comments and submissionsdue January 26, 2009

CPSC contact - Patricia Hackett (301) 504-7577

CPSC ANPR (FR Pub 11/25/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-27753.pdf