Safety Standard for Play Yards, 52272-52277 [2012-21169]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Proposed Rules]
[Pages 52272-52277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21169]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1221

[CPSC Docket No. CPSC-2011-0064]


Safety Standard for Play Yards

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States Consumer Product Safety Commission 
(Commission, CPSC, us, or we) is proposing to amend the play yard 
mandatory standard. This proposed rule would address the hazards 
associated with the use of play yard bassinet accessories that can be 
assembled with missing key structural elements. The amendment is being 
proposed pursuant to section 104(b) of the Consumer Product Safety 
Improvement Act of 2008 (CPSIA), also known as the ``Danny Keysar Child 
Product Safety Notification Act'' which requires us to promulgate 
consumer product safety standards for durable infant or toddler 
products.

DATES: Submit comments by November 13, 2012.

ADDRESSES: You may submit comments, identified by CPSC Docket No. CPSC-
2011-0064 by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer directly accepting comments 
submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions in the following 
way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 820, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, and insert the 
docket number, CPSC-2011-0064, into the ``Search'' box and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Gregory K. Rea, Project Manager, 
Directorate for Laboratory Sciences, Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; email: 
GRea@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

A. Background

    In the Federal Register of September 20, 2011 (76 FR 58167), we 
published a notice of proposed rulemaking (NPR) to establish a safety 
standard for play yards pursuant to section 104(b) of the CPSIA, also 
known as the ``Danny Keysar Child Product Safety Notification Act.'' On 
June 6, 2012, a draft final rule on play yards was submitted to the 
Commission for their consideration. The draft final rule incorporated 
by reference ASTM F406-12a, ``Standard Consumer Safety Specification 
for Non-Full-Size Baby Cribs/Play Yards.'' The draft final rule 
included one additional requirement not present in ASTM F406-12a. That 
requirement would have addressed the hazards associated with the use of 
play yard bassinet accessories that can be assembled with missing key 
structural elements. We refer to this provision in this document as the 
``bassinet misassembly requirement.'' The bassinet misassembly 
requirement was created after we received a comment in response to the 
play yard NPR.
    On June 27, 2012, the Commission voted unanimously to approve 
publication in the Federal Register of the draft final rule to 
establish a safety standard for play yards. Today, elsewhere in the 
Federal Register, we are publishing the final rule, which reflects 
several changes directed by the Commission in its vote. Specifically, 
the Commission voted to remove the bassinet misassembly requirement 
from the draft play yard final rule submitted by staff. In light of 
that, the Commission also voted to provide a 6-month effective date for 
the safety standard for play yards, instead of 12 months as stated in 
the draft final rule because the recommendation for a 12 month 
effective date was based on the inclusion of the bassinet misassembly 
requirement. In addition, the Commission directed staff to draft and 
publish an NPR seeking comment regarding an amendment to the play yard 
mandatory standard to include the bassinet misassembly requirement, 
which is the subject of this notice. The Commission's Order, as well as 
Chairman Inez M. Tenenbaum's statement on the final rule to establish a 
safety standards for play yards, can be viewed at: https://www.cpsc.gov/library/foia/ballot/ballot12/ballot12.html.

B. Description of the Proposed Rule

1. Summary of the Hazard and the Infant Fatality

    In August 2011, we received a report of an infant fatality in the 
bassinet accessory of a play yard. The child died when the sleeping 
surface of the bassinet tilted, causing the child to slip into the 
corner where she suffocated. A review of the In-Depth Investigation 
Report (IDI) 110825CAA2853, as well as our tests on an exemplar model 
of the bassinet accessory and play yard involved in the fatality, led 
us to conclude that the incident was caused by the omission of key 
structural elements.
    Many play yards are sold with accessories that attach to the 
product, such as bassinets, changing tables, and mobiles. Bassinet 
accessories are unique among play yard accessories because they are 
intended to be used as a sleeping environment, and infants are meant to 
be left unsupervised in them for extended periods of time. Serious 
injuries or fatalities can result if a play yard bassinet accessory has 
been assembled without key structural elements, such as rods, tubes, 
bars, and hooks, which keep the sleep surface flat and level. A tilt in 
the sleeping surface of the bassinet can result in an infant getting 
into a position where he or she is unable to breathe and is at risk of 
suffocation.
    As seen in the IDI, it is possible that the omission of key 
structural elements may not initially be visually evident to the 
consumer. If the misassembled accessory supports an infant without a 
catastrophic and obvious change to the sleep surface, a consumer may 
continue to use the accessory and inadvertently place a child in 
danger. If the bassinet's

[[Page 52273]]

sleep surface tilts while the child is unsupervised, the condition may 
not be discovered by the caregiver for hours, placing the child in a 
potentially fatal situation.
    Initially, the IDI completed for the fatality in August 2011 
indicated that the tilt in the sleeping surface was caused by the 
detachment of plastic clips attached to the bassinet shell that secured 
the shell to the side rails of the play yard. Sometime after the child 
was placed in the bassinet accessory, one of the plastic clips 
detached. However, our testing indicates that detachment of one of the 
plastic clips is not enough to cause the tilt in the sleeping surface 
that led to the fatality. Indeed, the plastic clips caused the consumer 
to erroneously assume that the product was safe, when key structural 
elements, the supporting rods, were missing.
    The requirement we are proposing here will address this hazard. 
Manufacturers will be given two ways to comply. The first way to comply 
prevents misassembly by requiring that all key structural elements be 
attached permanently to the bassinet shell. The second method of 
compliance is designed to alert consumers if a key structural element 
is missing by requiring that the removal of even one key structural 
element results in a catastrophic failure of the bassinet. The test for 
this method of compliance is referred to as the ``catastrophic failure 
test'' in this document.

2. The Bassinet Misassembly Requirement

    Most bassinet accessories consist of a fabric shell that is 
attached to the side rails of the play yard. The shell is supported by 
rods, tubes, bars, or hooks. The segmented mattress pad that is used on 
the floor of the typical play yard is inserted into the bassinet shell.
    The requirement we are proposing offers two avenues for compliance. 
First, the bassinet accessory would meet the requirement if all of the 
key structural elements are attached permanently to the bassinet 
accessory. Thus, manufacturers who attach the support rods, tubes, 
bars, or hooks permanently into the bassinet shell would not need to 
have their product tested to this requirement.
    If a manufacturer chooses not to permanently attach key structural 
elements to the bassinet, the bassinet would have to be tested by 
removing each key structural element and numbering them from 1 through 
n. Subsequently, all the key structural elements are put back into 
place. Key structural element number 1 is then removed from the 
bassinet. In order to pass the test, when an anthromorphic infant dummy 
is placed in the center of the sleep surface, the product must: (1) 
Collapse completely, or (2) tilt more than 30[deg]. The angle of 
30[deg] represents a safety factor of three times the 10[deg] maximum 
safe sleep surface angle of incline. Our Human Factors staff concluded 
that an angle of 30[deg] would be sufficiently visually obvious to a 
consumer, such that the consumer would be discouraged from continuing 
to use the bassinet. The test continues until each key structural 
element has been tested individually (thus, key structural element 
number 1 is inserted back into the product, key structural element 
number 2 is removed, and the test is repeated.) We refer to this test 
as the ``catastrophic failure test.''
    The requirement is meant to ensure that the omission of a key 
structural element is so visually obvious that the consumer will not 
use the product and place the child in danger inadvertently. It should 
be noted that in order to pass this test, the item must fail 
catastrophically when each key structural element is omitted.
    Most manufacturers will use rods, tubes, bars, or hooks to support 
the bassinet shell. Thus, the mattress pad is not a key structural 
element under this provision, unless the manufacturer chooses to 
stiffen the mattress pad itself in order to provide structural support 
to the bassinet. If the mattress pad provides the structural support 
for the bassinet, it becomes a key structural element and must either 
be attached permanently to the bassinet or designed in such a way that 
omission of the mattress pad causes the bassinet to become obviously 
unusable.
    In addition to the performance requirement and test method, we are 
also proposing to modify one definition, add one definition, and 
include several graphics in the mandatory play yard standard in order 
to ensure that this requirement is clear to play yard suppliers and 
testing laboratories. We are modifying the definition of ``key 
structural elements'' to include ``the components that provide the 
supporting frame and/or means of attachment for a bassinet/cradle 
accessory.'' We are also proposing to add a new term, ``bassinet/cradle 
accessory,'' defined as ``a supported sleep surface that attaches to a 
non-full-size crib or play yard designed to convert the product into a 
bassinet/cradle intended to have a horizontal sleep surface while in a 
rest (non-rocking) position.''
    We are proposing to include four new graphics that will assist 
stakeholders in understanding the new requirement. The first is a 
figure of the ``CAMI Newborn Dummy'' that will be used in the bassinet 
misassembly test method. In other ASTM standards, the reference to a 
CAMI Dummy is included at the beginning of the standard in a section 
titled, ``Referenced Documents.'' Consistent with ASTM custom, we are 
adding the CAMI Newborn Dummy to this section, accompanied by a 
footnote to indicate that the figure we are using is copied from a 
drawing provided by the U.S. Department of Transportation.
    We are also proposing to include three other graphics to 
illustrate: (1) examples of bassinet/cradle key structural elements; 
(2) the infant CAMI dummy positioned for the bassinet/cradle accessory 
sleep surface test; and (3) the bassinet/cradle accessory sleep surface 
test angle measurement.

3. Consultation With the ASTM Play Yard Subcommittee

    The requirement we are proposing was created with the assistance of 
key stakeholders, such as manufacturers, third party test laboratories, 
consumer advocates, and CPSC staff. In early 2012, we approached the 
ASTM Play Yard subcommittee and asked that the infant fatality reported 
to us in August 2011 be reviewed, and, if possible, a requirement be 
developed to address injuries and fatalities that can result from play 
yard bassinet accessories that are assembled incorrectly. The 
subcommittee formed a task group, which met six times from January 
through April 2012, and was comprised of major stakeholders, including 
manufacturers, third party test laboratories, consumer advocates, and 
CPSC staff.
    The result of the task group's efforts is the language proposed 
here and is intended to address the specific hazard that resulted in 
the death of the infant. The requirement and test method apply only to 
bassinet accessories, and only address hazards associated with 
assembling the bassinet without key structural elements.

C. Effective Date of Final Rule

    The Administrative Procedure Act (APA) generally requires that the 
effective date of a rule be at least 30 days after publication of the 
final rule. 5 U.S.C. 553(d). To allow time for play yard manufacturers 
to come into compliance, we recommend that this proposed amendment to 
the play yard standard become effective 6 months after the publication 
of the final rule in the Federal Register. We invite comment on how 
long it will take play yard manufacturers to come into compliance.

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D. Regulatory Flexibility Act

1. Introduction

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612, 
requires agencies to consider the impact of proposed rules on small 
entities, including small businesses. Section 603 of the RFA requires 
us to prepare an initial regulatory flexibility analysis and make it 
available to the public for comment when the NPR is published. The 
initial regulatory flexibility analysis must describe the impact of the 
proposed rule on small entities. In addition, it must identify any 
significant alternatives to the proposed rule that would accomplish the 
stated objectives of the rule and, at the same time, reduce the 
economic impact on small businesses. Specifically, the initial 
regulatory flexibility analysis must contain:
     A description of, and where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     A description of the reasons why action by the agency is 
being considered;
     A succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     A description of the projected reporting, recordkeeping, 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities subject to the requirements, 
and the type of professional skills necessary for the preparation of 
reports or records; and
     Identification, to the extent possible, of all relevant 
federal rules that may duplicate, overlap, or conflict with the 
proposed rule.

2. The Market

    There are 21 domestic firms known to be producing or selling play 
yards in the United States. Ten are domestic manufacturers, and 11 are 
domestic importers. Under the U.S. Small Business Administration (SBA) 
guidelines, a manufacturer of play yards is small if it has 500 or 
fewer employees, and an importer is considered small if it has 100 or 
fewer employees. Based on these guidelines, nine domestic manufacturers 
and 10 domestic importers known to supply play yards to the U.S. market 
are small businesses. The remaining domestic entities are one large 
manufacturer and one large importer. There are also three foreign firms 
supplying play yards to the U.S. market. There may be additional 
unknown small manufacturers and importers operating in the U.S. market.

3. Impact of the Standard on Small Businesses

    Not every play yard manufacturer makes a bassinet accessory for 
their product. However, the majority of known small play yard 
manufacturers have a least one model that includes a bassinet 
accessory. For these firms, in order to meet this proposed requirement, 
they will have to: (1) Modify their existing designs in order to attach 
key structural elements to the bassinet accessory permanently, or (2) 
design the accessory such that it is obviously unusable when any one 
key structural element is left out.
    It is likely that most suppliers will choose to comply with this 
requirement by attaching key structural elements to the bassinet 
accessory permanently. We know of one manufacturer who produces a play 
yard with a bassinet accessory that is already compliant with this 
requirement. Several of the firms impacted by this new requirement were 
involved in the ASTM language development process and have indicated 
that they are moving toward attaching key structural elements to play 
yard bassinet accessories permanently. The cost to manufacturers who 
elect to meet the requirement in this way is expected to be minimal, 
primarily involving additional stitching, rivets, or other methods of 
attachment.
    At least one manufacturer anticipates meeting the requirement by 
designing the accessory such that it is obviously unusable when key 
structural elements are left out. This approach is likely to be more 
costly than permanently attaching key structural elements because, 
currently, no design has been identified by manufacturers that would 
succeed in failing visibly when each key structural element is removed 
individually.
    The impact on small importers will be similar. If an importer's 
existing supplier is not willing to comply with the bassinet 
misassembly provision, the importer would need to find an alternate 
source. If that is not possible, these firms could respond to the rule 
by discontinuing the importation of play yards. The impact of this 
decision could be mitigated by replacing play yards with a different 
infant or toddler product. Deciding to import an alternative infant or 
toddler product would be a reasonable and realistic way to offset any 
lost revenue.

4. Alternatives

    Setting an effective date longer than 6 months could reduce the 
impact. This would allow small manufacturers additional time to make 
necessary changes to their product, and it would allow small importers 
more time to find alternative sources. It would also allow entities to 
spread costs over a longer period of time.

5. Conclusion of the Initial Regulatory Flexibility Analysis

    It is possible that the proposed amendment, if finalized, could 
have a significant impact on some small businesses. For manufacturers, 
the extent of these costs could entail expensive product redesign. 
Importers may need to find alternative sources of play yards or replace 
play yards with another infant or toddler product.
    We invite comments describing:
     The possible impact of this rule on small manufacturers 
and importers; and
     Significant alternatives to the proposed rule that would 
accomplish the stated objectives of the proposed rule, and at the same 
time, reduce the economic impact on small businesses.

E. Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3521

    ASTM F406-12a, which is incorporated by reference into the play 
yard standard codified at 16 CFR part 1221, requires labels and 
instructions be supplied with the product. The PRA requirements for the 
play yard standard codified at 16 CFR part 1221 have been submitted to 
the Office of Management and Budget (OMB), and OMB has assigned control 
number 3041-0152 to the information collection. We estimate that there 
are no additional burden hours associated with this proposed amendment.

F. Environmental Considerations

    The Commission's regulations address whether we are required to 
prepare an environmental assessment or an environmental impact 
statement. Our rules generally have ``little or no potential for 
affecting the human environment,'' and therefore, they are exempt from 
any requirement to prepare an environmental assessment or impact 
statement. 16 CFR 1021.5(c)(1). This rule falls within the categorical 
exemption.

G. Preemption

    Section 26(a) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 
2075(a), provides that where a consumer product safety standard is in 
effect and applies to a product, no state or political subdivision of a 
state may establish or continue in effect a requirement dealing with 
the same risk of injury, unless the state's requirement is identical to 
the federal standard. Section 26(c) of the CPSA also provides that 
states or

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political subdivisions of states may apply to the Commission for an 
exemption from this preemption under certain circumstances. Section 
104(b) of the CPSIA refers to the rules to be issued under that section 
as ``consumer product safety rules,'' thus, implying that the 
preemptive effect of section 26(a) of the CPSA would apply. Therefore, 
a rule issued under section 104 of the CPSIA will invoke the preemptive 
effect of section 26(a) of the CPSA when the rule becomes effective.

H. Testing and Certification

    Pursuant to section 14(a)(2) of the CPSA, play yards must be 
certified by the manufacturer to the mandatory standard based on 
testing conducted by a CPSC-accepted third party conformity assessment 
body. The third party testing and certification requirement for this 
proposed amendment to the play yard standard will not be in effect 
until the proposal is final and effective, and we issue a final notice 
of requirements (NOR). The NOR establishes requirements for how third 
party conformity assessment bodies can become accepted by us to test 
play yards. Play yard manufacturers will be required to certify 
products to the play yard standard, including this proposed amendment 
if it is finalized, based on third party testing once we have accepted 
the accreditation of such laboratories.

I. Request for Comments

    We invite all interested persons to submit comments on any aspect 
of the proposed rule. Comments should be submitted in accordance with 
the instructions in the ADDRESSES section at the beginning of this 
notice.
    Specifically, we invite comments on the following:
     Whether this proposed requirement and test method will 
address the hazards associated with play yard bassinet accessories that 
can be assembled with missing key structural elements, and if not, what 
alternative requirements and test methods would address this hazard;
     Whether the second avenue of compliance, referred to as 
the ``catastrophic failure test'' is necessary, or if manufacturers 
should be required to attach all key structural elements permanently;
     Whether the CAMI Newborn Dummy, weighing 7.5 pounds, is 
appropriate to use for the catastrophic failure test, and if it is not, 
what should be used;
     Whether the language of the proposed requirements and test 
methods should be changed in order to improve repeatability and 
clarity, and if so, what those changes should be;
     Whether 6 months is an appropriate effective date for this 
provision; and
     Descriptions of the possible impact of this proposed 
requirement on small manufacturers and importers, as well as 
alternatives to the proposed rule that would accomplish the stated 
objectives of the proposed rule, and at the same time, reduce the 
economic impact on small businesses.

List of Subjects in 16 CFR Part 1221

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Labeling, Law enforcement, Safety, and Toys.

    Therefore, the Commission proposes to amend 16 CFR part 1221 as 
follows:

PART 1221--SAFETY STANDARD FOR PLAY YARDS

    1. The authority citation for part 1221 continues to read as 
follows:

    Authority:  The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, section 104, 122 Stat. 3016 (August 14, 2008).

    2. Add Sec.  1221.3 to read as follows:


Sec.  1221.3  Play yard bassinet accessory misassembly provision.

    (a) In addition to complying with section 2.4 of ASTM F406-12a, 
comply with the following, along with the accompanying footnote:
    (1) 2.5 Other References: CAMI Newborn Dummy (Department of 
Transportation, Federal Aviation Administration, Drawing No. SA-1001). 
(See Fig. A1.38.)
    (2) [Reserved]
    (b) Instead of complying with section 3.1.9 of ASTM F406-12a, 
comply with the following:
    (1) 3.1.9 key structural elements, n--side assemblies, end 
assemblies, mattress supports, or stabilizing bars that create the 
occupant retention area, or the components that provide the supporting 
frame and/or means of attachment for a bassinet/cradle accessory. (See 
Fig. A1.39.)
    (2) [Reserved]
    (c) In addition to complying with section 3.1.26 of ASTM F406-12a, 
comply with the following:
    (1) 3.1.27 bassinet/cradle accessory, n--a supported sleep surface 
that attaches to a non-full-size crib or play yard, designed to convert 
the product into a bassinet/cradle intended to have a horizontal sleep 
surface while in a rest (non-rocking) position.
    (2) [Reserved]
    (d) Instead of complying with section 5.19 of ASTM F406-12a, comply 
with the following:
    (1) 5.19 Bassinet/Cradle Accessories Missing Key Structural 
Elements:
    (2) 5.19.1 Bassinet/cradle accessories that have all key structural 
elements attached permanently to the bassinet/cradle accessory, or by 
any permanent means, prohibiting their removal from the bassinet/cradle 
accessory, are exempt from the following key structural element 
requirements. For the purpose of this section, a mattress pad without 
key structural elements attached permanently is not considered a key 
structural element.
    (3) 5.19.2 Bassinet/cradle accessories that require consumer 
assembly of key structural element(s), and can be assembled and 
attached to the product with any key structural element(s) missing, 
shall meet either 5.19.2.1, or 5.19.2.2 when each key structural 
element not attached permanently is removed. For the purpose of this 
section, a mattress pad without key structural elements attached 
permanently is not considered a key structural element.
    (4) 5.19.2.1 The bassinet/cradle accessory shall collapse, such 
that any part of the mattress pad contacts the bottom floor of the play 
yard, or is not able to support the newborn CAMI dummy when tested to 
8.31.
    (5) 5.19.2.2 The bassinet/cradle accessory sleep surface shall tilt 
by more than 30 degrees when tested to 8.31.
    (6) 5.19.3 Rationale: The bassinet/cradle missing key structural 
elements requirements were included to address IDI 110825CAA2853. 
Bassinet or cradle accessory misassembly initially may not be visually 
evident to the consumer. If the accessory with omitted component(s) 
supports the 7 lbm. newborn CAMI dummy without a catastrophic and 
obvious change to the sleep surface, a consumer might continue to use 
the accessory and place a child in danger inadvertently.
    (e) In addition to complying with 8.30 of ASTM F406-12a, comply 
with the following:
    (1) 8.31 Bassinet and Cradle Accessory Sleep Surface Collapse/Tilt.
    (2) 8.31.1 Determine the number of removable (i.e., not attached 
permanently to the accessory) key structural elements used in the 
assembly of the bassinet/cradle accessory and number them 1 through n, 
until all removable elements are numbered.
    (3) 8.31.2 Assemble the bassinet/cradle accessory to the product 
according to manufacturer's instructions.

[[Page 52276]]

    (4) 8.31.3 Establish a horizontal reference plane by placing an 
inclinometer on the floor of the testing area, and then zero the 
inclinometer.
    (5) 8.31.4 Remove key structural element 1 used in the 
assembly of the bassinet/cradle accessory, and attempt to assemble the 
accessory back onto the product.
    (6) 8.31.4.1 If the accessory can be assembled onto the product 
without element 1, proceed to 8.31.5.
    (7) 8.31.4.2 If the accessory cannot be assembled onto the product 
without element 1, the accessory shall be considered to meet 
5.19.2. Proceed to 8.31.7.
    (8) 8.31.5 Place a newborn CAMI dummy in the center of the sleep 
surface, oriented parallel to the longest side of the bassinet/cradle 
accessory. (See Fig. A1.40.) Determine visually whether the bassinet/
cradle accessory collapses or it no longer supports the newborn CAMI 
within 2 seconds.
    (9) 8.31.6 If collapse does not occur, measure the sleep surface's 
angle of incline relative to the horizontal plane established in 8.31.3 
at the location(s) most likely to meet the angle requirement in 
5.19.2.2. Record this angle. (See Fig. A1.41.)
    (10) 8.31.7 Replace the removed key structural element.
    (11) 8.31.8 Repeat 8.31.4-8.31.7 removing and replacing each key 
structural element (identified in 8.31.1) one at a time, starting with 
2 through n and evaluating the resulting condition.
    (f) In addition to Figure A1.37 of ASTM F406-12a, use the 
following:
BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TP29AU12.028


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[GRAPHIC] [TIFF OMITTED] TP29AU12.029

BILLING CODE 6355-01-C

    Dated: August 23, 2012.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2012-21169 Filed 8-28-12; 8:45 am]
BILLING CODE 6355-01-P