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CPSC RIN: 3041-AD23 Publication ID: Spring 2019 
Title: Petition on Crib Bumpers 
Abstract:

The Commission received correspondence from the Juvenile Products Manufacturers Association (JPMA), dated May 9, 2012, requesting that the Commission initiate rulemaking to distinguish and regulate "hazardous pillow-like" crib bumpers from "non-hazardous traditional" crib bumpers under sections 7 and 9 of the Consumer Product Safety Act (CPSA). On June 6, 2012, the request was docketed as a petition (CP 12-2) under the CPSA, 15 U.S.C. 2056 and 2058. The petitioner asserts that, despite information to the contrary regarding the safety of "traditional" crib bumpers, some are advocating banning all bumpers from the marketplace. Petitioner believes that banning "traditional" bumpers may lead caregivers to add unsafe soft bedding to cribs to serve as a protective barrier from the tight dimensions and hard wooden surface of the crib slats. On June 25, 2012, the Commission published a notice in the Federal Register to solicit comments on the petition. The comment period ended on August 24, 2012. Staff reviewed the comments and submitted a briefing package to the Commission on May 15, 2013, recommending that the Commission grant the petition. The Commission voted to grant the petition and directed staff to: (1) provide the Commission with a briefing package describing the possible regulatory actions the Commission may take to address the risk of injury associated with crib bumpers; and (2) explore and, as possible, develop performance requirements and test methods that identify which types of crib bumpers have characteristics that present safety hazards. The Commission issued a request for information (RFI) in February 2016, seeking information about crib bumpers. On September 9, 2016, staff submitted a briefing package to the Commission to address the issues raised in the 2013 Record of Commission Action. On October 19, 2016, the Commission voted to amend the agency’s FY 2017 Operating Plan to initiate rulemaking under section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to promulgate a mandatory consumer product safety standard that will address the risk of injury associated with the use of padded crib bumpers. Specifically, the Commission directed CPSC staff to prepare a notice of proposed rulemaking (NPRM) briefing package. CPSC staff is working with ASTM to improve the voluntary standard for infant bedding and is in the process of developing an NPRM briefing package and plans to deliver it to the Commission in FY 2019.

 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Independent agency 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 U.S.C. 553(e)    15 U.S.C. 1262(j)    15 U.S.C. 2058(i)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Petition Docketed  06/06/2012 
Notice for Comment Published in Federal Register  06/25/2012  77 FR 37836   
Comment Period End  08/24/2012 
Staff Sends Briefing Package to Commission  05/15/2013 
Commission Decision  05/24/2013 
Staff Sends Draft RFI to Commission  02/03/2016 
Commission Decision  02/09/2016 
RFI Published in the Federal Register  02/16/2016  81 FR 7765   
Staff Sends Briefing Package to Commission  09/09/2016 
Staff Sends NPRM Briefing Package to Commission  07/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Timothy P. Smith
Project Manager, Directorate for Engineering Sciences
Consumer Product Safety Commission
Division of Human Factors, Directorate for Engineering Sciences, National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2557
Email: tsmith@cpsc.gov