(a) Except as provided in paragraph (b) of this section, each crib mattress must comply with all applicable provisions of ASTM F2933-21, Standard Consumer Safety Specification for Crib Mattresses (approved on June 15, 2021). The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, PA 19428; http://www.astm.org/cpsc.htm. Once incorporated by reference, you may review a read-only copy of ASTM F2933-21 at https://www.astm.org/READINGROOM/. You may also inspect a copy at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

(b) Comply with ASTM F2933-21 with the following additions or exclusions:

(1) Instead of complying with section 3.1.2 of ASTM F2933-21, comply with the following:

(i) 3.1.2 conspicuous, adj—visible when the mattress is being handled by a consumer placing the mattress in its intended use position in a product.

(ii) [Reserved]

(2) Add the following paragraph to section 3.1 of ASTM F2933-21:

(i) 3.1.11 sleep surface, n—The product component, or group of components, providing the horizontal plane, or nearly horizontal plane (≤10°), intended to support an infant during sleep.

(ii) [Reserved]

(3) Instead of complying with section 5.7.1.1 of ASTM F2933-21, comply with the following:

(i) 5.7.1.1 Mattress Size—The dimensions of a full-size crib mattress shall measure at least 27 1/4 in. (690 mm) wide and 51 5/8 in. (1310 mm) long. When the mattress with the test mattress sheet is placed against the perimeter and in the corner of the crib, the corner gap shall not exceed 3.15 in. (80.0 mm). Dimensions shall be tested in accordance with 6.2.

(ii) [Reserved]

(4) Instead of complying with section 5.7.2 through 5.7.2.2 of ASTM F2933-21, comply with the following:

(i) 5.7.2 Non-Full-Size Crib Mattresses—For the purposes of this section, the term product refers to a non-full-size crib.

(ii) 5.7.2.1 Mattress supplied with a non-full-size crib: Shall meet the specifications of Stability; Cord/Strap Length; Mattresses for Rigid sided products; and Crib Side Height of 16 CFR part 1220, Safety Standard for Non-Full-Size Baby Cribs, when tested with the product with which it is supplied.

(iii) 5.7.2.2 After-market mattresses for non-full-size cribs: Shall be treated as though the mattresses were “the mattress supplied with a non-full-size crib” and shall meet the specifications of Stability; Cord/Strap Length; Mattresses for Rigid sided products; and Crib Side Height in 16 CFR part 1220, Safety Standard for Non-Full-Size Baby Cribs, when tested to the equivalent interior dimension of the product for which it is intended to be used.

(iv) 5.7.2.3 The after-market mattress must be at least the same size as the original equipment mattress or larger and lay flat on the floor of the product, in contact with the product mattress support structure.

(v) 5.7.2.4 If the original equipment mattress includes a floor support structure, the after-market mattress must include a floor support structure that is at least as thick as the original equipment mattress floor support structure.

(vi) 5.7.2.5 If the original equipment mattress includes storage accommodations for the product instruction manual, the after-market mattress shall provide equivalent storage accommodations for the product instruction manual.

(5) Instead of complying with section 5.9 through 5.9.1.2 of ASTM F2933-21, comply with the following:

(i) 5.9 After-Market Mattress for Play Yard—For the purposes of this section, the term “product” refers to a play yard.

(ii) 5.9.1 For Mesh/Fabric Sided Play Yard Products:

(iii) 5.9.1.1 The after-market mattress and product it is tested in shall meet the applicable requirements of the following sections of 16 CFR part 1221, Safety Standard for Play Yards, when tested with each brand and model of product for which it is intended to replace the mattress: Stability; Cord/Strap Length; Mattress; Height of Sides; Floor Strength; Mattress Vertical Displacement.

(iv) 5.9.1.2 If the aftermarket mattress is intended to be used in the bassinet of a play yard with a bassinet attachment, the mattress shall also meet the specifications of the following sections of 16 CFR part 1218, Safety Standard for Bassinets and Cradles, when tested with each brand and model for which it is intended to replace the mattress: Pad Thickness for Fabric or Mesh Sided Products; Pad dimensions; Side Height; Bassinets with Segmented Mattresses. This section applies only to a play yard mattress that is interchangeably used as a play yard mattress and as a bassinet mattress/pad.

(6) Add the following paragraphs to section 5 of ASTM F2933-21:

(i) 5.10 Mattress Firmness.

(ii) 5.10.1 All crib mattresses within the scope of this standard, when tested in accordance with 6.3, the feeler arm shall not contact the sleep surface of the crib mattress.

(iii) 5.11 Coil Springs. The requirements in this section only pertain to crib mattresses with coil springs.

(iv) 5.11.1 When tested in accordance with 6.4, there shall be no exposed coil springs or metal wires.

(7) Renumber section 6.2.2 of ASTM F2933-21 to section 6.2.3.

(8) Renumber section 6.2.2.1 of ASTM F2933-21 to section 6.2.3.1.

(9) Renumber section 6.2.2.2 of ASTM F2933-21 to section 6.2.3.2.

(10) Renumber section 6.2.2.3 of ASTM F2933-21 to section 6.2.3.3.

(11) Renumber section 6.2.2.4 of ASTM F2933021 to section 6.2.3.4.

(12) Add the following paragraphs to section 6.2.3 of ASTM F2933021:

(i) 6.2.3.5 The test mattress sheet shall be placed on the mattress such that each sheet edge is wrapped fully around and under the mattress.

(ii) 6.2.3.6 Repeat step 6.2.3.2. Then measure the shortest gap between the mattress and the projected crib corner after the dimensions of the mattress have been recorded. The projected crib corner is located 53 in. ± 1/8 in. (1346 mm ± 3.2 mm) from Wall C and 28 5/8 in. ± 1/8 in. (727 mm ± 3.2 mm) from Wall D, as shown in Fig. 2. The mattress shall not be moved during measurement. This shall be the corner gap measurement.

(iii) 6.2.3.7 Rotate the mattress 180° such that the opposing corner is adjacent to Walls C and D, then repeat 6.2.3.6.

(13) Instead of complying with section 6.2.2 of ASTM F2933-21, comply with the following:

(i) 6.2.2 Test Equipment-Mattress Sheet:

(ii) 6.2.2.1 The mattress sheet shall be 100% cotton and fitted for the mattress to be tested.

(iii) 6.2.2.2 The mattress sheet shall be washed in hot water (50 °C [122 °F] or higher) and dried a minimum of two times on the highest setting using household textile laundering units. This shall be the test mattress sheet.

(14) Add the following paragraphs as section 6.3 of ASTM F2933-21.

(i) 6.3 Mattress Firmness.

(ii) 6.3.1 Test Fixture:

(iii) 6.3.1.1 The fixture, as shown in Fig. 3, shall be a rigid, robust object with a round footprint of diameter 203 mm ± 1 mm, and an overall mass of 5200 g ± 20 g. The lower edge of the fixture shall have a radius not larger than 1 mm. Overhanging the footprint by 40 mm ± 2 mm shall be a flexible, flat bar of width 12 mm ± 0.2 mm with square-cut ends. This bar may be fashioned from a shortened hacksaw blade. The bar shall rest parallel to the bottom surface of the fixture and shall be positioned at a height of 15 mm ± 0.2 mm above the bottom surface of the fixture. The bar shall lay directly over a radial axis of the footprint (i.e., such that a longitudinal centerline of the bar would pass over the center of the footprint).

(iv) 6.3.1.2 Included on the fixture, but not overhanging the footprint, shall be a linear level that is positioned on a plane parallel to the bar, and in a direction parallel to the bar.

(v) 6.3.1.3 Other parts of the fixture, including any handle arrangement and any clamping arrangement for the bar, shall not comprise more that 30% of the total mass of the fixture, and shall be mounted as concentric and as low as possible.

(vi) 6.3.2 Test Method:

(vii) 6.3.2.1 Mattresses that are supplied with a product shall be tested when positioned on that product. Mattresses sold independent of a product, shall be tested on a flat, rigid, horizontal support. After-market mattresses for play yards and non-full-size cribs shall be tested with each brand and model of product it is intended to replace.

(viii) 6.3.2.2 Where a user of a mattress could possibly position either side face up, even if this is not an intended use, then both sides of the mattress shall be tested.

(ix) 6.3.2.3 Before testing each mattress, the following steps shall be followed:

(A) Verify there is no excess moisture in the mattress, beyond reasonable laboratory humidity levels.

(B) Allow sufficient time per the manufacturer's instructions to fully inflate, if shipped in a vacuum sealed package.

(C) Shake and or agitate the mattress in order to fully aerate and distribute all internal components evenly.

(D) Place the mattress in the manufacturer's recommended use position if there is one, in the supplied product, or on a flat, rigid, horizontal support.

(E) Let the mattress rest for at least 5 minutes.

(F) Mark a longitudinal centerline on the mattress sleep surface, and divide this line in half. This point will be the first test location. Then further divide the two lines on either side of the first test location into halves. These will be the second and third test locations.

(x) 6.3.2.4. Position the test fixture on each of the test locations, with the footprint of the fixture centered on the location, with the bar extending over the centerline and always pointing at the same end of the mattress sleep surface.

(A) At each test location in turn, rotate the bar to point in the required direction, and gently set the fixture down on the mattress sleep surface, ensuring that the footprint of the fixture does not extend beyond the edge of the mattress. The fixture shall be placed as horizontal as possible, using the level to verify. If the bar makes contact with the top of the mattress sleep surface, even slightly, the mattress is considered to have failed the test.

(B) Repeat Step (A) at the remaining locations identified in 6.3.2.3(F).

(C) Repeat Step (A) at a location away from the centerline most likely to fail (e.g. a very soft spot on the sleep surface or at a raised portion of the sleep surface). In the case of testing a raised portion of a sleep surface, position center of the fixture such that the bar is over the raised portion, to simulate the position of an infant's nose.

(D) In the event that the fixture is not resting in a nearly horizontal orientation, repeat the test procedure at that location by beginning again from paragraph (b)(14)(x)(A). However, if the test produces a fail even with the device tilted back away from the bar so as to raise it, then a fail can be recorded.

(15) Add the following paragraphs as section 6.4 of ASTM F2933-21:

(i) 6.4 Coil Spring Test.

(ii) 6.4.1 General—This test consists of dropping a specified weight repeatedly onto the mattress. The test assists in evaluating the structural integrity of a mattress with coil springs.

(iii) 6.4.2 Test Fixture:

(iv) 6.4.2.1 A guided free-fall impacting system machine (which keeps the upper surface of the impact mass parallel to the horizontal surface on which the crib is secured) (See Fig. 4).

(v) 6.4.2.2 A 30-lb (13.6-kg) impact mass (see Fig. 5 and Fig. 6).

(vi) 6.4.2.3 A 6-in. (150-mm) long gauge.

(vii) 6.4.2.4 An enclosed frame measuring 29 inches by 53 inches (737 mm by 1346 mm) for the purpose of restricting mattress movement. When testing full-size mattresses, a full-size crib meeting the requirements of ASTM F1169-19 would suffice.

(viii) 6.4.2.5 A 3/4″ piece of plywood or oriented strand board (OSB) that is rigidly supported along the perimeter.

(ix) 6.4.3 Test Method:

(x) 6.4.3.1 Place the mattress on the wooden support and inside the enclosed frame.

(xi) 6.4.3.2 Position geometric center of the impact mass above the geometric center of the test mattress.

(xii) 6.4.3.3 Adjust the distance between the top surface of the mattress and bottom surface of the impact mass to 6 in. (150 mm) (using the 6-in. (150-mm) long gauge, per 6.4.2.3) when the impact mass is in its highest position. Lock the impactor mechanism at this height and do not adjust the height during impacting to compensate for any change in distance as a result of the mattress compressing or the mattress support deforming or moving during impacting.

(xiii) 6.4.3.4 Allow the 30-lb (13.6-kg) impact mass to fall freely 250 times at the rate of one impact every 4 s. Load retraction shall not begin until at least 2 s after the start of the drop.

(xiv) 6.4.3.5 Repeat the step described in 6.4.3.4 at the other test locations shown in Fig. 7.

(xv) 6.4.4 The coil spring test shall be repeated on each surface of the mattress. The test shall not be repeated using a mattress that has been previously tested with the coil spring test.

(16) Add the following Figures to section 6 of ASTM F2933-21:

(i) Figure 2.

(ii) Figure 3.

(iii) Figure 4. 91

91 Reprinted, with permission, from ASTM F1169-19 Standard Consumer Safety Specification for Full-Size Baby Cribs, copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the complete standard may be obtained from ASTM International, www.astm.org.

(iv) Figure 5.

(v) Figure 6.

(vi) Figure 7.

(17) Instead of complying with sections 7.1 and 7.2 of ASTM F2933-21, comply with the following:

(i) 7.1 Each mattress and its retail package shall be marked or labeled clearly and legibly to indicate the following:

(ii) 7.1.1 The name, place of business (city, state, and mailing address, including zip code), and telephone number of the manufacturer, distributor, or seller.

(iii) 7.1.2 A code mark or other means that identifies the date (month and year at a minimum) of manufacture.

(iv) 7.2 The marking and labeling on the product shall be permanent.

(18) Do not comply with sections 7.2.1, 7.2.2, 7.2.2.1, 7.2.2.2, and 7.2.2.3 of ASTM F2933-21.

(19) Instead of complying with sections 7.3, 7.3.1, 7.3.2, and 7.3.3 of ASTM F2933-21, comply with the following:

(i) 7.3 Any upholstery labeling required by law shall not be used to meet the requirements of this section.

(ii) [Reserved]

(20) Instead of complying with sections 7.4 and 7.4.1 of ASTM F2933-21, comply with the following:

(i) 7.4 Warning Design for Mattresses:

(ii) 7.4.1 The warnings shall be easy to read and understand and be in the English language at a minimum.

(iii) 7.4.2 Any marking or labeling provided in addition to those required by this section shall not contradict or confuse the meaning of the required information, or be otherwise misleading to the consumer.

(iv) 7.4.3 The warnings shall be conspicuous and permanent.

(v) 7.4.4 The warnings shall conform to ANSI Z535.4—2011, American National Standard for Product Safety Signs and Labels, sections 6.1-6.4, 7.2-7.6.3, and 8.1, with the following changes.

(vi) 7.4.4.1 In sections 6.2.2, 7.3, 7.5, and 8.1.2, replace “should” with “shall.”

(vii) 7.4.4.2 In section 7.6.3, replace “should (when feasible)” with “shall.”

(viii) 7.4.4.3 Strike the word “safety” when used immediately before a color (e.g., replace “safety white” with “white”).

(ix) Note 3—For reference, ANSI Z535.1 provides a system for specifying safety colors.

(x) 7.4.5 The safety alert symbol “[Safety Alert Symbol]” and the signal word “WARNING” shall be at least 0.2 in. (5 mm) high. The remainder of the text shall be in characters whose upper case shall be at least 0.1 in. (2.5 mm), except where otherwise specified.

(xi) Note 4—For improved warning readability, typefaces with large height-to-width ratios, which are commonly identified as “condensed,” “compressed,” “narrow,” or similar should be avoided.

(xii) 7.4.6 Message Panel Text Layout:

(xiii) 7.4.6.1 The text shall be left aligned, ragged right for all but one-line text messages, which can be left aligned or centered.

(xiv) Note 5—Left aligned means that the text is aligned along the left margin, and, in the case of multiple columns of text, along the left side of each individual column. Please see FIG. 8 for examples of left aligned text.

(xv) 7.4.6.2 The text in each column should be arranged in list or outline format, with precautionary (hazard avoidance) statements preceded by bullet points. Multiple precautionary statements shall be separated by bullet points if paragraph formatting is used.

(xvi) 7.4.7 Example warnings in the format described in this section are shown in FIGS. 9, 10, and 11.

(21) Instead of complying with sections 7.5, 7.5.1, 7.5.2, 7.5.3, 7.5.3.1, and 7.5.3.2 of ASTM F2933-21, comply with the following:

(i) 7.5 Warning Statements—Each mattress shall have warning statements to address the following, at a minimum, unless otherwise specified. The blank in the mattress fit statement beginning with “If a gap is larger than,” needs to be filled with “1 1/2 in. (3.8 cm)” for full-size crib mattresses and “1 in. (2.5 cm)” for all other mattresses.

(ii) Note 6—Address means that verbiage other than what is shown can be used as long as the meaning is the same or information that is product-specific is presented.

SIDS AND SUFFOCATION HAZARDS

ALWAYS place baby on back to sleep to reduce the risks of SIDS and suffocation.

Babies have suffocated: • on pillows, comforters, and extra padding • in gaps between a wrong-size mattress, or extra padding, and side walls of product.

NEVER add soft bedding, padding, or an extra mattress.

USE ONLY one mattress at a time.

DO NOT cover the faces or heads of babies with a blanket or over-bundle them. Overheating can increase the risk of SIDS.

ALWAYS check mattress fit every time you change the sheets, by pushing mattress tight to one corner. Look for any gaps between the mattress and the side walls. If a gap is larger than ____, the mattress does not fit—do not use it.

(iii) Renumber section 7.3.1 of ASTM F2933-21 to section 7.5.1.

(iv) In section 7.5.1, replace the reference to “7.3” with a reference to “7.5.”

(v) In section 7.5.1, replace the term “Only use” with the term “USE ONLY.”

(vi) Renumber section 7.3.2 of ASTM F2933-21 to section 7.5.2.

(vii) In section 7.5.2, replace the term “For non-full-size crib mattresses” with the term “For non-full-size crib mattresses and after-market mattresses for play yards and non-full-size cribs.”

(viii) In section 7.5.2, replace the reference to “7.3” with a reference to “7.5.”

(ix) In section 7.5.2, replace the term “Only use” with the term “USE ONLY.”

(x) Renumber section 7.3.3 of ASTM F2933-21 to section 7.5.3.

(xi) In section 7.5.3, replace the term “may be included” with “are permitted, and replace the term “7.3 and 7.4” with “7.5 and 7.6”.

(22) Instead of complying with sections 7.6, 7.6.1, 7.6.1.1, 7.6.1.2, or 7.7 of ASTM F2933-21, comply with the following:

(i) 7.6 The following warning statement shall be included exactly as stated in this paragraph (b)(22)(i) and shall be located at the bottom of the warnings on each mattress:

DO NOT remove these important safety warnings.

(ii) 7.7 Additional Marking and Warnings for After-Market Mattresses for Play Yards and Non-Full-Size Cribs—The mattress shall have:

(iii) 7.7.1 All warnings added by the original manufacturer which are in addition to those required by this standard.

(iv) 7.7.2 Assembly/attachment instructions that were provided on the original mattress.

(v) 7.7.3 The specific brand(s) and model(s) number(s) of the product(s) in which it is intended to be used.

(vi) 7.7.4 For Rigid Sided Rectangular Products—the following statement shall appear exactly as stated in this paragraph (b)(22)(vi) (the blanks are to be filled in as appropriate).

This mattress measures ____ long, ____ wide, and ____ thick when measured from seam to seam.

(23) Add the following paragraphs as section 7.8 of ASTM F2933-21:

(i) 7.8 Warning Design for Retail Packages.

(ii) 7.8.1 The warnings and statements are not required on the retail package if they are on the mattress and are visible in their entirety through the retail package. Cartons and other materials used exclusively for shipping the mattress are not considered retail packaging.

(iii) 7.8.2 Warning Statements—Each mattress' retail package shall have statements to address the following, at a minimum, and as specified in 7.4.1, 7.4.2, and 7.4.4-7.4.6.

(iv) 7.8.2.1 For full-size crib mattresses, each mattress' retail package shall be labeled with the warnings and statements specified in 7.5 and 7.5.1.

(v) 7.8.2.2 For non-full-size crib mattresses and after-market mattresses for play yards and non-full-size cribs, each mattress' retail package shall be labeled with the warnings and statements specified in 7.5, 7.5.2, 7.7.1-7.7.4, as applicable.

(24) Add the following figures to section 7 of ASTM F2933-21:

(i) Figure 8.

(ii) Figure 9.

(iii) Figure 10.

(iv) Figure 11.

(25) Redesignate section 8 of ASTM F2933-21 as section 9.

(26) Add a new section 8 of ASTM F2933-21:

(i) 8. Instructional Literature.

(ii) 8.1 Instructions shall be provided with the mattress and shall be easy to read and understand, and shall be in the English language, at a minimum. These instructions shall include information on assembly, maintenance, cleaning, and use, where applicable.

(iii) 8.2 The instructions shall have statements to address the following, at a minimum.

(iv) 8.2.1 All warnings included in section 7.5, as applicable.

(v) 8.2.2 All additional markings and warnings included in section 7.7, as applicable.

(vi) 8.3 The warnings in the instructions shall meet the requirements specified in 7.4.4, 7.4.5, and 7.4.6, except that sections 6.4 and 7.2-7.6.3 of ANSI Z535.4 need not be applied. However, the signal word and safety alert symbol shall contrast with the background of the signal word panel, and the cautions and warnings shall contrast with the background of the instructional literature.

(vii) Note 7—For example, the signal word, safety alert symbol, and the warnings may be black letters on a white background, white letters on a black background, navy blue letters on an off-white background, or some other high-contrast combination.

(viii) 8.4 Any instructions provided in addition to those required by this section shall not contradict or confuse the meaning of the required information, or be otherwise misleading to the consumer.

(ix) Note 8—For additional guidance on the design of warnings for instructional literature, please refer to ANSI Z535.6, American National Standard: Product Safety Information in Product Manuals, Instructions, and Other Collateral Materials.

[87 FR 8673, Feb. 15, 2022; 87 FR 41060, July 11, 2022]