Amendments to Requirements for Full-Size and Non-Full-Size Baby Cribs: Request for Comments and Information

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1508 and 1509

Amendments to Requirements for Full-Size and Non-Full-Size Baby

Cribs: Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: Based on information currently available, the Commission has

reason to believe that unreasonable risks of injury and death may be

associated with the slats of certain baby cribs.1

[[Page 65997]]

From 1985 to September 1996, the Commission identified numerous

incidents in which crib slats appeared to disengage from the side

panels of the crib. When this occurs, children are at risk of becoming

entrapped between the remaining slats or falling out of the crib.

Twelve incidents resulted in fatalities and five in injuries. Neither

existing Commission regulations nor the current voluntary standard

adequately addresses these risks of injury and death.

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\1\ The Commission voted 2-1 to issue this Advance Notice of

Proposed Rulemaking, with Chairman Ann Brown and Commissioner Thomas

Moore voting in favor of the notice and Commissioner Mary Gall

voting against it. Copies of their statements are available in the

Commission's Office of the Secretary.

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This advance notice of proposed rulemaking (``ANPR'') initiates a

rulemaking proceeding under the authority of the Federal Hazardous

Substances Act (``FHSA''). One result of the proceeding could be the

issuance of a rule requiring that crib sides pass a performance

standard to assure the structural integrity of crib slats and side

panels.

The Commission requests written comments from interested persons

concerning the risks of injury and death, the regulatory alternatives

discussed in this notice, and other possible means to address these

risks. The Commission invites any interested persons to submit an

existing standard or a statement of intent to modify the voluntary

standard to address the risks of injury described in this notice.

DATES: Written comments and submissions in response to this notice must

be received by the Commission by February 14, 1997.

ADDRESSES: Comments should be mailed, preferably in five (5) copies, to

the Office of the Secretary, Consumer Product Safety Commission,

Washington, DC 20207, or delivered to the Office of the Secretary,

Consumer Product Safety Commission, Room 502, 4330 East-West Highway,

Bethesda, Maryland 20814-4408, telephone (301)504-0800.

FOR FURTHER INFORMATION CONTACT: Deborah K. Tinsworth, Project Manager,

Directorate for Epidemiology and Health Sciences, Consumer Product

Safety Commission, Washington, D.C. 20207; telephone (301) 504-0470,

ext. 1276.

SUPPLEMENTARY INFORMATION:

A. Background

The Consumer Product Safety Commission (``CPSC'' or the

``Commission'') has become aware that the slats 2 on some cribs

may disengage from the cribs' side panels and result in injury or

death. As explained in this notice, the Commission is beginning a

rulemaking proceeding to address this risk.

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\2\ The term ``slats'' as used in this notice means both the

flat vertical bars on the side of a crib as well as the rounded bars

(which are sometimes called ``spindles'').

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1. Summary of Existing Requirements

The Commission enforces two baby crib regulations, one applies to

full-size cribs, 16 CFR part 1508, and the other to non-full-size

cribs, 16 CFR part 1509. Both of these regulations contain requirements

concerning the spacing of components, such as slats. However, neither

regulation includes requirements addressing the structural integrity of

slats and side panels. (Other aspects of the existing CPSC crib

regulations are discussed in section E of this notice.)

In addition to CPSC's regulations, there is a voluntary standard--

ASTM F1169 Standard Consumer Safety Performance Specification for Full-

Size Cribs. And, ASTM is currently developing a standard for non-full-

size cribs. The Juvenile Product Manufacturers Association (``JPMA'')

administers a program to certify that cribs meet the ASTM F1169

standard. The ASTM F1169 voluntary standard requires that crib panels

withstand 50 drops of a 25 pound weight from a height of 3 inches. As

explained below, the Commission does not believe that this test is

adequate.

2. Chronology of Commission Activity

CPSC staff has been working with industry to address the risk of

crib slat disengagement since the staff first became aware of the

problem. As discussed below, the staff has been active on several

fronts. The Commission's Office of Compliance has worked with industry

to recall or otherwise correct specific cribs with disengaging slats.

Currently, the Commission's technical staff has been working with ASTM

participants to try to address the problem and conducting its own tests

to develop an improved standard.

Since 1985, the Commission has recieved reports of 138 incidents in

which crib slats disengaged (i.e., were loose, missing, or broken)

thereby presenting a risk of injury or death. In addition, as discussed

below, one manufacturer had reports of 230 incidents in which slats

loosened and separated from the side rail.

In 1991, the Commission's Office of Compliance worked with one

company to recall certain models of its cribs that had loose or missing

slats. Early in 1995 the Commission staff became aware that two other

companies' cribs had slats that disengaged. The staff worked with these

manufacturers to recall the cribs in February and March of 1995. Some

of these cribs had been involved in minor injuries and one was involved

in the death of a child in 1993.

On October 20, 1995, the Commission staff sent a letter to the

Chairman of ASTM's subcommittee on cribs expressing concern about this

problem and requesting that participants at the subcommittee's October

26 meeting discuss crib slat strength and a torque test that is part of

a Canadian crib standard. Under this part of the Canadian standard,

discussed in greater detail below, slats must withstand twisting when a

specified amount of force is applied. Participants at the subcommittee

meeting discussed slat disengagement, and CPSC staff requested

manufacturers perform the Canadian torque test and discuss results at

the next subcommittee meeting.

In December 1995, the Commission's Compliance staff worked with

another manufacturer to recall a crib with spindles which could loosen

and separate from the side rail. The company was aware of 230 incidents

in which this had occurred, sometimes with minor injuries. The

Commission staff is still evaluating these reports.

At the January 30, 1996 ASTM crib subcommittee meeting, CPSC staff

shared information concerning 62 of the slat separation incidents that

had been reported to CPSC. (These 62 incidents had occurred between

January 1990 and December 31, 1995, and they did not include incidents

involving ``broken'' slats.) Manufacturers reported that the Canadian

torque test would not always detect unsatisfactory glue joints.

Manufacturers also stated that they believed the problem was not with

the ASTM standard but with some manufacturers who were not testing

cribs frequently enough during the manufacturing process.

On February 8, 1996, CPSC's Compliance staff sent questionnaires to

JPMA for distribution to 48 manufacturers of juvenile furniture

concerning the manufacturers' quality control procedures. Twenty-one

companies responded to the questionnaire (18 do not currently

manufacture cribs and 9 had provided the information previously). Each

of the nine largest crib manufacturers (produced over 100,000 cribs

between January 1993 and December 1995) performed some quality

assurance testing on their cribs. However, the responses to the

questionnaire were not sufficiently detailed for the staff to determine

how these tests were conducted.

The ASTM crib subcommittee met again on March 12 and May 29, 1996.

Manufacturers at the May ASTM

[[Page 65998]]

meeting stated that they believed only a few manufacturers were

involved in the slat separation incidents and, therefore, there was no

need to change the ASTM F1169 standard.

In the summer of 1996, the Commission's Engineering Laboratory

staff conducted tests on a variety of cribs, as described below. The

staff found that cribs that passed ASTM's side panel test failed when

tested under more stringent conditions.

When the ASTM subcommittee met on September 26, 1996, the CPSC

staff presented results of its tests and suggested amending the ASTM

F1169 standard to (1) require a torque test similar to the Canadian

crib standard and (2) strengthen the ASTM test to specify 1,000 drops

of a 50 pound weight from a height of 3 inches onto crib side panels.

In November 1996, the Commission's Compliance staff worked with a

fifth manufacturer to conduct a corrective action plan for its cribs

with disengaging slats. A total of approximately 682,000 cribs were

affected by the five corrective actions since 1991 for slat separation.

3. CPSC Staff's Testing

The Commission's Engineering Laboratory staff tested eight crib

samples which had rounded or rectangular slats secured by various means

(e.g., some slats were glued and some were pinned). None of the samples

tested separated when tested in accordance with the ASTM side panel

test (50 drops of a 25-pound weight from a height of 3 inches).

However, when the weight dropped onto the side panel was increased from

25 pounds to 50 pounds, all four of the samples with slats secured only

by glue did separate. One sample separated after only 27 cycles, two

separated after fewer than 130 cycles and one sample separated after

539 cycles. Because a 95th percentile 30-month-old child (the oldest

child likely to be in a crib) weighs 35 pounds, the staff chose 50

pounds as a test weight to allow a margin of safety.

The staff also tested these eight cribs in a manner similar to the

Canadian torque test but used a lower force. Under the Canadian test, a

torque of 8 newton meters (N.m)(approximately 6 pounds feet) is applied

to each slat and maintained for 10 seconds. In the CPSC staff's tests a

force of 6.78 N.m (5 pounds feet) was applied. During these tests,

samples with pinned and mortised crib slats (i.e., rectangular slat

ends which fit into rectangular openings in the crib rails) did not

rotate when torque tested. However, samples with rounded slats which

were pinned did rotate when torque tested, as did samples with round

slat ends that were glued.

B. Statutory Authority

This proceeding is conducted under provisions of the Federal

Hazardous Substances Act (``FHSA''), 15 U.S.C. 1261 et seq. Cribs with

slats that disengage may present a mechanical hazard and would

therefore be banned as ``hazardous substances'' under the FHSA.

A ``hazardous substance'' includes any toy or other article

intended for use by children which the Commission determines, by

regulation, presents an electrical, mechanical, or thermal hazard. 15

U.S.C. 1261(f)(1)(D). An article may present a mechanical hazard if,

``in normal use or when subjected to reasonably foreseeable damage or

abuse, its design or manufacture presents an unreasonable risk of

personal injury or illness (1) from fracture, fragmentation, or

disassembly of the article * * *.'' 15 U.S.C. 1261(s). Under the FHSA,

a toy, or other article intended for use by children which is or

contains a ``hazardous substance'' susceptible to access by a child is

banned. 15 U.S.C. 1261(q)(1)(A).

A proceeding to promulgate a regulation determining that a toy or

other children's article presents a mechanical hazard is governed by

the requirements set forth in section 3(f) through 3(i) of the FHSA. 15

U.S.C. 1262(e)(1)-(i). First, the Commission must issue an advance

notice of proposed rulemaking (``ANPR'') as provided in section 3(f).

15 U.S.C. 1262(f). The ANPR must identify the product and the risk of

injury; summarize the regulatory alternatives under consideration;

describe existing standards and explain why they do not appear to be

adequate; invite comments from the public; and request submission of a

new or modified standard. Id.

If the Commission decides to continue the rulemaking proceeding

after considering responses to the ANPR, the Commission must publish

the text of the proposed rule along with a preliminary regulatory

analysis in accordance with section 3(h) of the FHSA. 15 U.S.C.

1262(h). If the Commission then wishes to issue a final rule, it must

publish the text of the final rule and a final regulatory analysis that

includes the elements stated in section 3(i)(1) of the FHSA. 15 U.S.C.

1262(i)(1). Before the Commission may issue a final regulation, it must

make findings concerning voluntary standards, the relationship of the

costs and benefits of the rule, and the burden imposed by the

regulation. 15 U.S.C. 1262(i)(2).

C. The Product

Both full-size and non-full-size cribs (with non-mesh sides), as

defined in 16 CFR Parts 1508 and 1509, are covered by this notice.

Cribs are one of the few products that are intended for use when

children are unattended. Thus, their safety is essential.

As discussed above, there are both mandatory and voluntary safety

standards for cribs. Accordingly, crib safety efforts have generally

focused on hazards from older ``used'' cribs. However, many cribs from

which slats have become disengaged were relatively new. Of 62 crib slat

disengagement incidents reported to CPSC between January 1, 1990 and

December 31, 1995, only 7 cribs were purchased used or were more than 3

years old. (In 14 incidents the age of the crib was unknown.) Moreover,

the problem appears to affect a range of manufacturers. Since 1991,

five different companies have conducted recalls or other corrective

actions for cribs with slats that became disengaged. Twenty-six

manufacturers or retailers were involved in the 62 slat disengagement

incidents that the Commission's engineering staff brought to the ASTM

subcommittee's attention at its January and March 1996 meetings.

Currently, there are at least 20 manufacturers of cribs. In 1995,

about 2.2 million cribs were sold. Assuming a product life of 10 to 25

years, there may be 23 to 48 million cribs available for use. However,

based on the population of children who would use cribs (under 30

months of age), only about 10 million cribs would be in use at any

given time. According to a leading juvenile product trade publication,

the average expenditure for a crib or cradle in 1993 (the most recent

year for which such information is available) was about $160.

Over the three year period from 1993 to 1995, the largest eight

manufacturers each produced in excess of 200,000 cribs. Six of these

eight manufacturers each had three or more crib slat disengagement

incidents reported during that period of time. These six are all

certified by JPMA as being in conformance with the ASTM F1169 crib

standard. All of the eight manufacturers conduct some type of quality

assurance tests. However, as discussed above, the Commission does not

have sufficient information to evaluate the adequacy of these tests.

D. Risks of Injury and Death

As explained above, this notice concerns the risk of injury and

death posed to children when the slats of a

[[Page 65999]]

crib become disengaged from their side panels. Since January 1, 1985,

138 such incidents have been reported to the Commission. This includes

cases in which the slats were disengaged, loose, missing, or broken. It

does not include incidents that apparently resulted from poor

maintenance (such as missing or improper hardware), misuse, or very old

``antique'' cribs.

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

severe injury or death. Or, if the space is larger, a child could fall

out of the crib.

Fortunately most of the reported incidents did not result in

injury. In some cases, a parent noticed that slats were loose or

detached before any injuries could occur. In some other cases, slats

detached when a parent raised or lowered the side rail of the crib.

However, twelve of these incidents did result in fatalities and five in

injuries. Children who died or were injured generally had gotten their

necks trapped in the space left by missing slats.

Although the Commission has worked with crib manufacturers to

recall cribs which present this hazard, the problem has continued.

Fifteen of the 138 incidents were reported to the Commission since

January of 1996.

E. Existing Standards

1. CPSC Regulations

The Commission's regulations for full-size and non-full-size cribs

are substantially similar. The full-size crib regulation applies to

cribs with interior dimensions of 133 cm long by 71 cm wide (+ or - 1.5

cm). 16 CFR 1508.3(a). The nonfull-size crib regulation applies to most

other rigid-sided cribs that are either smaller or larger than full-

size cribs. 16 CFR 1509.2(b)(1).

All cribs must comply with a requirement for the spacing of

components such as slats and spindles. Id. 1508.4, 1508.5, 1509.5 and

1509.6. Both standards also have requirements concerning crib hardware,

construction and finishing, and assembly instructions. Id. 1508.7,

1508.8, 1509.7, and 1509.8. The standards also include a requirement

and test procedure to prohibit any cutouts that could entrap a child.

Id. 1508.11 and 1509.13. They also require cautionary labeling,

manufacturer identification, and recordkeeping. Id. 1508.9, 1508.10,

1509.11 and 1509.12.

Nothing in CPSC's current crib regulations requires any performance

test to ensure the structural integrity of crib side panels and slats.

Provisions do require that slats be spaced no more than 6 cm (2\3/8\

inches) apart and that they maintain their spacing when force is

applied in accordance with specified testing. Id. 1508.4 and 1509.4.

The regulations also contain a general requirement that all wood parts

be ``free from splits, cracks, or other defects which might lead to

structural failure.'' Id. 1508.7(b) and 1509.8(b). However, these

requirements do not specifically address the hazard of slats

disengaging from crib side panels.

2. The ASTM F1169 Crib Standard

The ASTM F1169 voluntary standard for full-size cribs contains

several safety testing procedures. In addition to crib side testing,

the standard includes vertical impact testing, a mattress support

system test, a test method for crib side latches, a plastic teething

rail test, and requirements for labeling and instructional literature.

As stated above, JPMA operates a certification program to certify

that cribs meet the ASTM F1169 standard. For a manufacturer's cribs to

be certified, the manufacturer must test at least 15 percent of models

quarterly and the balance once a year in accordance with the F1169

specification.

The crib side test of F1169 includes a cyclic test and a static

test. For the cyclic test, a 25-pound weight is dropped onto the side

rail 50 times from a 3 inch height. For the static test--conducted

after the cyclic test--a static load of 100 pounds is applied to the

bottom rail of the side panel as the panel is suspended by the top

rail. Both the drop side and the stationary side of the crib are

tested.

Based on testing conducted by the Commission staff and other

available information, the current ASTM F1169 standard does not appear

to be adequate. One of the cribs that had been recalled and was

involved in the death of a child nevertheless passed the ASTM side

panel test when the Commission's engineering lab conducted its tests.

Yet, it failed a more stringent test.

F. Regulatory Alternatives Under Consideration

The Commission is considering alternatives to reduce the risks of

injury and death related to disengaged crib slats. The primary

alternative being considered is amending CPSC's crib regulations to

require a test to ensure the structural integrity of crib side panels

and their slats. Such a standard could be based on an enhancement of

the ASTM F1169 side panel test (e.g., increasing the weight that is

dropped onto the crib and the number of cycles) and addition of a

torque test.

Another alternative is for the Commission to take no regulatory

action but to pursue recalls of hazardous cribs on a case-by-case basis

using its authority from section 15 of the FHSA, 15 U.S.C. 1274. As

explained above, there have been five corrective action plans for cribs

which had slats that became disengaged. However, since numerous

manufacturers appear to be involved, the Commission is concerned that

this may be a wide-spread problem that would be better addressed

through regulation. As explained above, the Commission is also

concerned that the existing crib side testing procedure under ASTM

standard F1169 is not adequate.

Finally, the Commission staff could continue to work with the ASTM

crib subcommittee to strengthen the F1169 voluntary standard. This

option would not require any regulatory action. However, the Commission

staff has been working with the ASTM crib subcommittee since October

1995. Although slat disengagement incidents continue to occur, industry

has not agreed to make the voluntary standard more stringent.

G. Request for Information and Comments

This ANPR is the first step of a proceeding which could result in

amending CPSC's crib standards to require structural integrity tests

for crib side panels and their slats. All interested persons are

invited to submit to the Commission their comments on any aspect of the

alternatives discussed above. Specifically, in accordance with section

3(f) of the FHSA, the Commission requests:

(1) Written comments with respect to the risk of injury identified

by the Commission, the regulatory alternatives being considered, and

other possible alternatives for addressing the risk.

(2) Any existing standard or portion of a standard which could be

issued as a proposed regulation.

(3) A statement of intention to modify or develop a voluntary

standard to address the risk of injury discussed in this notice, along

with a description of a plan to do so.

All comments and submissions should be addressed to the Office of

the Secretary, Consumer Product Safety Commission, Washington, D.C.

20207, and received no later than February 14, 1997.

[[Page 66000]]

Dated: December 9, 1996.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

Reference Documents

The following documents contain information relevant to this

rulemaking proceeding and are available for inspection at the Office of

the Secretary, Consumer Product Safety Commission, Room 502, 4330 East-

West Highway, Bethesda, Maryland 20814-4408:

1. Memorandum from Suzanne P. Cassidy, EHHA, to John Preston, ES,

dated June 13, 1996, entitled ``Incident Data on Crib Slat

Disengagements.''

2. Memorandum from Suzanne P. Cassidy, EHHA, to John Preston, ES,

dated June 13, 1996, entitled ``Data Update on Crib Slat

Disengagements--Incidents Reported Since June 13, 1996.''

3. Memorandum from Anthony C. Homan, EC, to Debbie Tinsworth,

Project Manager, dated October 31, 1996, entitled ``Infant Cribs''.

4. Letter from John Preston, P.E., Directorate for Engineering

Sciences, CPSC, to Mr. William S. Suvak, P.E., Chairman, Crib

Section of ASTM Subcommittee F15.18, dated October 20, 1995.

5. Letter from John Preston, P.E., Directorate for Engineering

Sciences, CPSC, to Mr. Willion S. Suvak, P.E., Chairman, Crib

Section of ASTM Subcommittee F15.18, dated November 8, 1995.

6. Letter from John Preston, P.E., Directorate for Engineering

Sciences, CPSC, to Mr. Willion S. Suvak, P.E., Chairman, Crib

Section of ASTM Subcommittee F15.18, dated July 10, 1996.

7. List of Crib Slat Incidents--1/1/90 to 12/30/95 (prepared by John

Preston, CPSC/ES, 6/12/96).

8. Chronology of Crib Slat Activities (prepared by John Preston,

CPSC/ES, 10/11/96).

9. Memorandum from Carol Cave, Office of Compliance, to Debbie

Tinsworth, Project Manager, dated October 17, 1996, entitled ``Crib

Slat Disengagement.''

10. CPSC Press Releases No. 91-114, dated August 22, 1991; No. 95-

076, dated February 10, 1995; No. 95-088, dated March 1, 1995; No.

96 December 1995.

11. Sample Letter from David Schmeltzer, Assistant Executive

Director, Office of Compliance, CPSC, to Crib Manufacturers and

Importers, November 15, 1995.

12. Letter from Marc Schoem, Director of Corrective Actions, CPSC,

to Mr. William Macmillan, Chairman, Juvenile Products Manufacturers

Association, Inc., February 8, 1996.

13. Canadian Standard for Cribs, Portable Cribs and Cradles, PSB-TC-

076, Printed in Trade Communique, Issue N. 7, October 1986.

14. ASTM F1169-88, Standard Specification for Full Size Baby Crib.

15. Memorandum from Robert Hundemer, LSEL, to Deborah Tinsworth,

Project Manager, dated November 5, 1996, entitled ``Crib Slat

Testing.''

16. Memorandum from Ronald L. Medford, Assistant Executive Director,

and Deborah Kale Tinsworth, Project Manager, to the Commission,

dated November 19, 1996, ``Options Paper: Crib Slat Disengagement.''

[FR Doc. 96-31834 Filed 12-13-96; 8:45 am]

BILLING CODE 6355-01-P