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CPSC RIN: 3041-AD52 Publication ID: Fall 2021 
Title: Petition Requesting Ban for Supplemental Mattresses for Play Yards With Non-Rigid Sides 

The Commission received a petition requesting that the Commission initiate rulemaking under section 8 of the CPSA to ban supplemental mattresses for play yards with non-rigid sides, which are currently marketed to be used with non-full-size cribs, play yards, portable cribs, and playpens. After obtaining comments on the petition, the Commission voted to "take other action" on the petition, granting the petition but directing staff to initiate a rulemaking under section 104 of the Consumer Product Safety Improvement Act to promulgate a mandatory standard that will address the risk of injury associated with the use of crib mattresses, as well as supplemental and aftermarket mattresses used in play yards and portable cribs. The Commission will assess the effectiveness of applicable voluntary standards, and in accordance with the Administrative Procedure Act, could promulgate consumer product safety standards that are the same as the voluntary standard, or more stringent than the voluntary standard, if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The Commission issued a notice of proposed rulemaking (NPRM) for crib mattresses in October 2020, to address hazards associated with full-size crib mattresses, non-full-size mattresses, and after-market mattresses for play yards and non-full-size crib mattresses. Staff is working toward sending a final rule briefing package to the Commission before the end of FY2021.  Staff is still working with the voluntary standards committee on play yards, to address hazards associated with play yard mattress fit and thickness.


Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Pub. L. 110-314, sec. 104   
Legal Deadline:  None
Action Date FR Cite
Petition Docketed  07/29/2015 
Notice Published in Federal Register  08/11/2015  80 FR 48043   
Comment Period End  10/13/2015 
Staff Sends Briefing Package to Commission  05/10/2017 
Commission Decision  05/25/2017 
Staff Sends Crib Mattresses NPRM Briefing Package to Commission  09/30/2020 
Commission Publishes Crib Mattresses NPRM in Federal Register  10/26/2020  85 FR 67906   
NPRM Comment Period End  01/11/2021 
Staff Sends Crib Mattresses Final Rule Briefing Package to Commission  09/22/2021 
Commission Decision  11/00/2021 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Hope Nesteruk
Project Manager, Directorate for Engineering Sciences
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2579