Safety Standard for Bedside Sleepers, 2581-2589 [2014-00597]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Rules and Regulations]
[Pages 2581-2589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00597]



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Federal Register / Vol. 79, No. 10 / Wednesday, January 15, 2014 / 
Rules and Regulations

[[Page 2581]]



CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112 and 1222

[Docket No. CPSC-2012-0067]


Safety Standard for Bedside Sleepers

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Danny Keysar Child Product Safety Notification Act, 
Section 104 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA), requires the United States Consumer Product Safety Commission 
(Commission or CPSC) to promulgate consumer product safety standards 
for durable infant or toddler products. These standards are to be 
``substantially the same as'' applicable voluntary standards or more 
stringent than the voluntary standard if the Commission concludes that 
more stringent requirements would further reduce the risk of injury 
associated with the product. The Commission is issuing a safety 
standard for bedside sleepers in response to the direction under 
Section 104(b) of the CPSIA.

DATES: The rule is effective on July 15, 2014. The incorporation by 
reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of July 15, 2014.

FOR FURTHER INFORMATION CONTACT: Daniel Dunlap, Compliance Officer, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; telephone: 301-504-7733; email: ddunlap@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

A. Background and Statutory Authority

    The Consumer Product Safety Improvement Act of 2008, (CPSIA, Pub. 
L. 110-314), was enacted on August 14, 2008. Section 104(b) of the 
CPSIA, part of the Danny Keysar Child Product Safety Notification Act, 
requires the Commission to: (1) Examine and assess the effectiveness of 
voluntary consumer product safety standards for durable infant or 
toddler products, in consultation with representatives of consumer 
groups, juvenile product manufacturers, and independent child product 
engineers and experts, and (2) promulgate consumer product safety 
standards for durable infant and toddler products. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standard if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product.
    The term ``durable infant or toddler product'' is defined in 
section 104(f)(1) of the CPSIA as a durable product intended for use, 
or that may be reasonably expected to be used, by children under the 
age of 5 years. Bassinets and cradles are specifically identified in 
section 104(f)(2)(L) as durable infant or toddler products. Bedside 
sleepers are similar to bassinets, and many bedside sleepers also 
function as bassinets. In addition, some bedside sleepers are 
accessories to play yards, which are explicitly identified in section 
104(f)(2)(F).
    On December 10, 2012, the Commission issued a notice of proposed 
rulemaking (NPR) for bedside sleepers (77 FR 73345). The NPR proposed 
to incorporate by reference the voluntary standard, ASTM F2906-12, 
``Standard Consumer Safety Specification for Bedside Sleepers,'' with 
certain changes to provisions in the voluntary standard to strengthen 
the ASTM standard.
    In this document, the Commission is issuing a safety standard for 
bedside sleepers. Pursuant to Section 104(b)(1)(A), the Commission 
consulted with manufacturers, retailers, trade organizations, 
laboratories, consumer advocacy groups, consultants, and members of the 
public in the development of this proposed standard, largely through 
the ASTM process. The rule incorporates the voluntary standard 
developed by ASTM International (formerly the American Society for 
Testing and Materials), ASTM F2906-13, ``Standard Consumer Safety 
Specification for Bedside Sleepers'' (ASTM F2906-13), by reference, and 
requires bedside sleepers to be tested to 16 CFR part 1218, the Safety 
Standard for Bassinets and Cradles (bassinet standard).

B. The Product

    ASTM F2906-13 defines ``bedside sleeper'' as ``a rigid frame 
assembly that may be combined with a fabric or mesh assembly, or both, 
used to function as sides, ends, or floor or a combination thereof, and 
that is intended to provide a sleeping environment for infants and is 
secured to an adult bed.'' A ``multi-mode product'' is ``a unit that is 
designed and intended to be used in more than one mode (for example, a 
play yard, bassinet, changing table, hand held carrier, or bedside 
sleeper).'' A bedside sleeper is intended to be secured to an adult bed 
to permit newborns and infants to sleep close by an adult without being 
in the adult bed. Bedside sleepers currently on the market have a 
horizontal sleep surface that typically is 1 inch to 4 inches below the 
level of the adult bed's mattress. The side of the bedside sleeper that 
is adjacent to the adult bed can usually be adjusted to a lower 
position, a feature that differentiates bedside sleepers from 
bassinets, where all four sides of a bassinet are the same height. 
Current bedside sleepers range in size from about 35'' x 20'' to 40'' x 
30.'' Bedside sleepers may have rigid sides, but they are most commonly 
constructed with a tube frame covered by mesh or fabric. Bedside 
sleepers are intended for use with children up to the developmental 
stage where they can push up on hands and knees (about 5 months). This 
is the same developmental range for the intended users of bassinets.
    Several manufacturers produce multiuse (or multimode) bedside 
sleeper products that can convert into bassinets and/or play yards. 
Most bedside sleeper products can be converted into a bassinet by 
raising the lowered side to create four equal-height sides, and a few 
also convert into both a bassinet and play yard. Some play yards 
include bedside sleeper accessories, which when attached, convert the 
play yard into a bedside sleeper; and some bassinets convert into 
bedside sleepers. All of the tube-framed products that CPSC staff has 
evaluated may be collapsed for storage and transport. A bedside sleeper 
that can be used in additional modes would need to meet

[[Page 2582]]

each applicable standard. For example, a bedside sleeper that converts 
to a bassinet must meet the bedside sleeper standard and the bassinet 
standard.

C. Incident Data

    The preamble to the NPR summarized the incident data involving 
bedside sleepers reported to the Commission from January 2001 through 
December 2011. 77 FR 73345 (December 10, 2012). The data was extracted 
on January 24, 2012. CPSC's Directorate for Epidemiology staff 
identified 40 cases of bedside sleeper-related incidents from 2001 to 
2011, including four fatalities and 36 nonfatal incidents (with and 
without injuries). Since the NPR, the incident data have been updated 
to include bedside sleeper-related incident data reported to the 
Commission between January 24, 2012 and May 15, 2013.
    Since the extraction of the data presented in the NPR, CPSC staff 
has received four new reports involving bedside sleepers. One of the 
reports was a consumer query regarding a recalled product and did not 
involve an actual incident. The rest of the reports involved no 
fatalities or injuries. The infants identified in the incident reports 
ranged in age from 1 to 6 months.
    The hazards reported in the new incidents were consistent with the 
hazard patterns identified among the 40 incidents presented in the NPR 
briefing package. The hazard scenarios reported in 24 of the 40 
incidents (60 percent) were attributed to some sort of failure/defect 
or a potential design flaw in the product.
    Among the four new reports, two incidents were classified under 
miscellaneous product-related issues concerning the poor design and a 
broken/detached component of the product. In the incident reporting 
poor design, the consumer expressed concern that the fabric side could 
create a suffocation hazard when the child's face is against the 
fabric; the consumer reportedly stopped using the product. The second 
incident involved a six-month-old who fell onto the floor from a 
recalled, multimode product when the horizontal bar that converts the 
product from a bedside sleeper to a bassinet, broke off or detached. No 
injury was reported, and it is unclear whether the consumer was aware 
of the recalled status of the product. The third incident is 
categorized as an assembly instruction issue, where it appears that the 
consumer did not properly follow the assembly instructions. The last 
report was a CPSC recall-related consumer query; no actual incident was 
involved.

D. Overview of ASTM F2906

    ASTM first published a voluntary standard for bedside sleepers, 
ASTM F2906-11, in December 2011. ASTM F2906 specifically addressed 
hazards associated with bedside sleepers, including incidents involving 
the creation of a hazardous gap between the product and an adult 
mattress, by requiring the successful completion of three disengagement 
tests. The tests help ensure that the securing components can withstand 
forces that may be exerted on the product by either the child or an 
adult, while sleeping. The gap must be no more than 0.5 in. when the 
product is installed onto the adult bed, per each manufacturer's 
directions. When a 25-lb. horizontal force is applied near the 
attachment system or corners, the gap may not exceed 1.0 in. To 
simulate an adult rolling into a bedside sleeper while sleeping, a gap 
greater than 1.0 in. may not be created after the application and 
release of a 50-lb. horizontal force to the bedside sleeper's corners. 
The inclusion of these anti-gap requirements serve to mitigate the 
foreseeable head and neck entrapment hazards posed by bedside sleepers. 
In addition, bedside sleepers must also satisfy the minimum side-height 
requirement for bassinets (the upper surface of the non-compressed 
mattress of a bassinet/cradle must be at least 7.5 inches lower than 
the upper surface of the lowest side in all intended bassinet/cradle 
use positions), with the exception of the lowered side rail (the height 
of the side rail in the lowest position shall be no less than 4 inches 
when measured from the top of the uncompressed bedside sleeper mattress 
to the top of the lowered side rail, when the mattress support is in 
its highest position).
    Bedside sleepers and bassinets share a significant number of hazard 
patterns because both products are intended to be used by children with 
the same developmental abilities and for the same purpose. Many bedside 
sleepers also function as bassinets. Accordingly, the bedside sleepers 
voluntary standard requires beside sleepers to be tested to the 
bassinet standard (ASTM F2194).

1. Proposed Rule

    In the NPR, CPSC identified 24 incidents attributed to defect or 
potential design flaws in bedside sleepers. The hazards associated with 
these incidents included: Issues with the adjustable fabric cover over 
the metal bars on the side that lowered in the bedside sleeper mode (9 
incidents); poor assembly instruction (6 incidents); and miscellaneous 
other product-related issues (9 incidents). To address these incidents, 
the Commission proposed in the NPR to adopt by reference, ASTM 
International's voluntary standard, ASTM F2906-12, Standard Consumer 
Safety Specification for Bedside Sleepers, with a few additions to 
strengthen the standard. ASTM F2906-12 also required that, in addition 
to the tests provided in ASTM F2906-12, the bedside sleeper must be 
tested to the bassinet standard (ASTM F2194). Additionally, multimode 
products must also be tested to each applicable standard associated 
with the product's use modes.
    In the NPR, the Commission proposed adding clarifying language to 
ASTM F2906-12 so that the hazards associated with play yard bassinet 
misassembly and fabric-sided enclosed openings would also be addressed 
in bedside sleepers for bedside sleeper accessories. As discussed in 
the preamble to the NPR, for bassinets/cradles with fabric sides, a 
fully bounded opening may not be created that allows the complete 
passage of the torso probe (based on a torso diameter of a 5th 
percentile, 0 to 2-month-old infant) when tested in accordance with the 
fabric release test methods for enclosed openings. However, the test 
does not apply to play yard bassinet accessories. Bassinet accessories 
to play yards (that cannot be converted to bedside sleepers) are 
usually held in place by fasteners that clip to the top of the play 
yard's railing. If the fasteners were left unclipped, the bassinet 
would fall, rendering the product untestable, due to the complete 
collapse of the bassinet attachment. Unlike bassinet play yard 
accessories, a bedside sleeper play yard accessory could have fasteners 
left unclipped (through the detachment of snaps/Velcro[supreg]) where 
the bedside sleeper with the lowered side does not completely collapse 
and appears functional. As a result, the Commission determined that all 
bedside sleeper play yard accessories should be subject to the 
requirements of the bassinet standard's fabric-sided enclosed openings 
test (without the exemption for bassinet play yard accessories), given 
the entrapment and suffocation hazards presented when a bedside 
sleeper's removable cover (liner or shell) is either not used or not 
secured properly.
    To address this hazard, the Commission proposed to add a new 
definition for ``bedside sleeper accessory'' and eliminate the fabric-
sided, bounded-opening performance requirement exemption currently 
granted to play yard bassinet accessories. The definition proposed was: 
``bedside sleeper accessory, n--an

[[Page 2583]]

elevated sleep surface that attaches to a non-full-size crib or play 
yard, designed to convert the product into a bedside sleeper intended 
to have a horizontal sleep surface while in a rest (non-rocking) 
position.'' In addition, the Commission proposed to add a new section: 
``Bedside Sleeper Accessory Fabric-Sided Enclosed Openings--A bedside 
sleeper accessory shall meet the F2194 performance requirement 
``Fabric-Sided Enclosed Openings.'' However, a bedside sleeper would be 
exempt from this requirement if the bedside sleeper collapsed under its 
own weight or the sleep surface tilts by more than 30 degrees.
    The Commission also proposed additional language to address play 
yard bedside accessory misassembly. The Commission had already proposed 
a requirement to address consumer misassembly of key structural 
elements for bassinet accessories to play yards in the play yard 
standard, ASTM F406. However, the proposed play yard standard did not 
include specific language for a misassembled bedside sleeper accessory. 
Accordingly, the Commission proposed to add a new section to include 
bedside sleepers: ``Bedside Sleeper Play Yard Accessories Missing Key 
Structural Elements: A bedside sleeper accessory shall meet the F406 
general requirement ``Bassinet/Cradle Accessories Missing Key 
Structural Elements.''

2. Recent Developments in the Play Yard Standard and Bassinet Standard

    After the the Commission published the NPR for bedside sleepers in 
the Federal Register, the ASTM play yard subcommittee worked closely 
with the ASTM bassinet subcommittee to address hazards related to 
bassinet accessory misassembly. The subcommittees decided to address 
the hazards associated with bassinet accessory misassembly in two 
different ASTM standards: (1) The play yard standard, ASTM F406-13, 
Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/
Play Yards, now addresses safety issues related to bassinet accessory 
attachment components (i.e., structures that attach the bassinet 
accessory to the play yard); and (2) the bassinet standard, ASTM F2194-
13, Standard Consumer Safety Specification for Bassinets and Cradles, 
addresses safety issues related to mattress support rods (and all other 
structures that ensure that the bassinet accessory mattress is flat and 
stable) through the segmented mattress-flatness test contained in the 
bassinet standard. These requirements are now part of the current ASTM 
standards for play yards, ASTM F406-13, and for bassinets/cradles, ASTM 
F2194-13.
    On August 19, 2013, the Commission issued an amendment to the 
Safety Standard for Play Yards, to incorporate by reference the most 
recent version of ASTM's play yard standard, ASTM F406-13, to address 
the hazards associated with misassembly of play yard bassinet 
accessories. 78 FR 50328. The play yard standard, ASTM F406-13, now 
addresses safety issues related to bassinet accessory attachment 
components (i.e., structures that attach the bassinet accessory to the 
play yard).
    On October 23, 2013, the Commission issued a final rule for 
bassinets, Safety Standard for Bassinets and Cradles, to incorporate by 
reference the most recent version of ASTM's bassinet standard, ASTM 
F2194-13, to address safety issues related to mattress support rods 
(and all other structures that ensure that the bassinet accessory 
mattress is flat and stable) through the segmented mattress-flatness 
test contained in the bassinet standard. 78 FR 63019. In addition, the 
Commission's bassinet rule required several modifications to ASTM 
F2194-13. These modifications:
     Added new definitions, a test requirement, and test 
procedure for a new performance requirement pertaining to the stability 
of bassinets with removable bassinet beds;
     Revised the current stability test procedure by specifying 
the use of a newborn CAMI dummy, rather than the six-month infant CAMI 
dummy;
     Revised the pass/fail criterion for the segmented 
mattresses flatness test to make it more stringent;
     Excluded segmented mattress flatness test bassinets that 
are less than 15 inches wide along the width of the mattress; and
     Revised the scope to clarify that a multimode or 
combination product must meet the requirements of all standards 
associated with its use modes. These additional requirements are 
codified at 16 CFR part 1218, Safety Standard for Bassinets and 
Cradles.

3. Current ASTM Bedside Sleeper Standard (ASTM F2906-13)

    The current version of the voluntary standard for bedside sleepers 
adopts the same performance requirement and test method in ASTM's play 
yard standard, ASTM F406-13, which addresses the hazards associated 
with misassembly of play yard bassinet accessories, for bedside sleeper 
accessories. To provide clearer definitions of a ``bedside sleeper 
accessory,'' ASTM F2906-13 now provides definitions for ``bedside 
sleeper accessory'' and ``bedside sleeper accessory attachment 
components.'' ASTM F2906-13 provides that a bedside sleeper accessory 
is an elevated sleep surface that attaches to a play yard designed to 
convert the product into a bedside sleeper and is intended to have a 
horizontal sleep surface while in a rest (non-rocking) position. 
Bedside sleeper accessory attachment components are defined as 
components that provide the means of attachment for a bedside sleeper 
accessory to a play yard.
    ASTM F2906-13 also adds a definition of a ``bedside sleeper 
shell.'' As explained in the NPR, there are demonstrated hazards 
presented when a bedside sleeper's removable cover, including a liner 
or shell, is either not used or not secured properly. 77 FR 73348-49. 
Accordingly, ``bedside sleeper shell'' is defined as a textile cover 
for bedside sleeper accessory that incorporates structural elements 
such as tubing, permanently attached clips or hooks, or other elements 
that allow it to be suspended from the play yard frame.
    In addition, ASTM F2906-13 addresses the hazards associated with 
misassembly of play yard bedside sleeper accessories. The standard 
adopts the same requirements set forth in ASTM F406-13 for bassinet/
cradle accessories missing accessory attachment components, and an 
associated test method for misassembly failure under the bassinet/
cradle accessory sleep surface collapse/tilt test. Under the current 
ASTM F2906-13 standard, bedside sleeper accessories must have all 
accessory attachment components permanently attached to the bedside 
sleeper accessory. If bedside sleeper accessories that require consumer 
assembly of accessory attachment components can be assembled and 
attached to the product with any accessory attachment component 
missing, the accessory must either: (1) Collapse such that any part of 
the mattress pad contacts the bottom floor of the play yard or is not 
able to support 4.0 lbm test mass tested; or (2) the bedside sleeper 
accessory sleep surface must tilt by more than 30 degrees when tested 
to the bedside sleeper accessory sleep surface collapse/tilt test.
    ASTM F2906-13 also continues to require bedside sleepers to meet 
the requirements of the bassinet standard, ASTM F2194, with the 
exception of the height of the lowered fourth side. Most bedside 
sleepers also function as bassinets. The intended users are identical, 
and the majority of the hazards are identical. Because bedside sleepers 
are already required to be tested to the bassinet standard, ASTM F2194, 
all of the requirements and test methods in ASTM 2194 are not restated

[[Page 2584]]

in the bedside sleeper standard ASTM F2906-13. However, ASTM F2906-13 
specifically adds a new section on fabric release test methods for 
enclosed openings for bedside sleeper accessories. As stated above, 
although the bassinet standard, ASTM F2194, contains a requirement for 
fabric-sided enclosed openings, the test does not apply to play yard 
bassinet accessories. Bassinet accessories to play yards (that cannot 
be converted to bedside sleepers) are usually held in place by 
fasteners that clip to the top of the play yard's railing. If the 
fasteners were left unclipped, the bassinet would fall, rendering the 
product untestable, resulting in test failure. However, the unique 
hazard associated with bedside sleepers requires testing for fabric-
sided enclosed openings because bedside sleepers have a lowered fourth 
side that can create a hazard when the removable cover or shell is 
either not used or not secured properly. ASTM F2906-13 addresses this 
hazard by making explicit that the fabric release test methods for 
enclosed openings apply to all bedside sleepers and bedside sleeper 
accessories.
    In this rule, the CPSC incorporates by reference ASTM F2906-13 
because the Commission's proposed modifications in the NPR have been 
adopted in ASTM F2906-13, including the requirements and test methods 
for bedside sleeper accessories missing accessory attachment components 
and bedside sleeper accessory fabric-sided enclosed openings. In 
addition, because bedside sleepers are required to be tested to the 
bassinet standard, and because the Commission recently issued a 
mandatory standard for bassinets (incorporating the ASTM bassinet 
standard with modifications), which was codified at 16 CFR part 1218, 
the Commission adopts ASTM F2906-13 with revisions to change the 
references to the voluntary bassinet standard, ASTM F2194, in the 
standard with references to the mandatory bassinet standard, 16 CFR 
part 1218.

E. Response to Comments

    The Commission received five comments in response to the NPR from 
consumers, industry, consumer advocacy groups, and trade associations. 
A summary of each comment topic and response is provided.

1. General Comments

    Comment: One commenter generally supported the proposed rule. 
Another commenter stated that the responsibility for the safe use of 
products lies with the parent of the young child.
    Response: Section 104 of the CPSIA requires the Commission to 
examine and assess the effectiveness of voluntary consumer product 
safety standards for durable infant or toddler products and to 
promulgate mandatory standards. The Commission has identified bedside 
sleepers as a durable infant or toddler product. Bedside sleepers are 
similar to bassinets and function also, in many instances, as 
bassinets. The Commission has concluded that more stringent 
requirements would further reduce the risk of injury associated with 
the product. Accordingly, the Commission is issuing a safety standard 
for bedside sleepers in response to the direction under section 104 of 
the CPSIA.

2. Mandatory Standards Should Be Finalized

    Comment: Several commenters stated that the standards for play 
yards and bassinets should be finalized, including the issues related 
to fabric-sided enclosed openings and consumer misassembly with missing 
components before they are applied to bedside sleepers. In addition, 
two commenters stated that to avoid confusion, the specific 
requirements of ASTM F406 and ASTM F2194 should be inserted into ASTM 
F2906, rather than simply referencing those standards.
    Response: ASTM has finalized both the play yard standard, ASTM 
F406-13, and the bassinet standard, ASTM F2914-13. The Commission has 
made some additional modifications to ASTM F2194-13. The requirements 
for fabric-sided enclosed openings have been adopted in ASTM F2906-13 
for bedside sleeper accessories. The requirements for misassembly of 
play yard bassinet accessories have also been adopted in ASTM F2906-13 
for bedside sleeper accessories. Those provisions have been included in 
ASTM F2906-13.
    ASTM's bedside sleeper standard, ASTM F2906-13 did not include all 
the modifications that the Commission subsequently made to the CPSC 
bassinet standard. Therefore, the final rule for bedside sleepers 
requires reference to 16 CFR part 1218 to reflect those modifications.

3. Redundant Product Safety Feature

    Comment: One commenter stated that the play yard bassinet accessory 
misassembly requirement may compel manufacturers to eliminate redundant 
safety features that are already a component of the product. The 
commenter stated that removal of the mattress pad support bars does not 
replicate or address the misassembly incident or result in a safer 
product.
    Response: This comment has been addressed in the Commission's final 
safety standards for play yards and for bassinets and cradles. The play 
yard standard, ASTM F406-13, addressed safety issues related to 
bassinet accessory attachment components (i.e., structures that attach 
the bassinet accessory to the play yard). The bassinet standard, ASTM 
F2194-13, addressed the issue of mattress pad support rods (and all 
other structures that keep the bassinet accessory mattress flat and 
stable) through the segmented mattress flatness test. ASTM F2194-13 now 
requires that bassinets with removable mattress support rods be tested 
both with and without the mattress support rods. In addition, the 
Commission's modifications to ASTM F2194 in the final rule for the 
safety standard for bassinets included a change to the pass/fail 
criterion for the mattress flatness test and revisions to the stability 
test procedures for bassinets. These safety features are not redundant 
because each product must meet the standards associated with the 
product's use mode. 78 FR 50332 and 63025.

4. Intellectual Property

    Comment: One commenter stated that there may be patents that 
restrict options for manufacturers. For example, the commenter stated 
that there is a patent application pending, detailing 10 different 
methods to ``stiffen a play yard mattress pad before the mattress is 
used in a play yard bassinet accessory.''
    Response: This comment has been addressed in the final rule on the 
safety standard for play yards. The Commission stated that the concern 
regarding the means of stiffening a mattress pad is no longer an issue 
for the play yard rule because the play yard bassinet accessory 
misassembly requirement no longer applies to mattress support rods or 
any other methods that might be used to stiffen a mattress pad. 
Instead, the play yard rule focuses only on accessory attachment 
components that attach the bassinet accessory to the play yard. 
Moreover, the bassinet standard, which addresses mattress flatness, 
does not require a specific design to pass the standard, and a bassinet 
can meet the mattress-flatness test in a variety of ways without 
necessarily implicating patented technology. 78 FR 50333.

5. Requirements for Stability of Removable Bassinet Beds

    Comment: One commenter stated that adding the removable bassinet 
bed stability requirement is premature. The commenter stated the belief 
that the requirement should be removed from

[[Page 2585]]

the regulation and that ASTM should be allowed to continue work on this 
issue.
    Response: This comment has already been addressed in the 
Commission's final consumer product safety standard for bassinets and 
cradles, which likewise would apply to bedside sleepers with a 
removable bed.
    Specifcally, the Commission has provided manufacturers with options 
to meet the removable bassinet bed requirements. The Commission stated 
that any product containing a removable bassinet bed with a latching or 
locking device intended to secure the bassinet bed to the base/
standshall comply with at least one of the following: (1) The base/
stand shall not support the bassinet bed (i.e., the bassinet bed falls 
from the stand and contacts the floor or the base/stand collapses when 
the bassinet bed is not locked on the base/stand); (2) the lock/latch 
shall automatically engage under the weight of the bassinet bed 
(without any other force or action) in all lateral positions; (3) the 
sleep surface of the bassinet bed shall be at an angle of at least 20 
degrees from a horizontal plane when the bassinet bed is in an unlocked 
position; (4) the bassinet/cradle shall provide a false latch/lock 
visual indicator(s). At a minimum, an indicator shall be visible to a 
person standing near both of the two longest sides of the product; or, 
(5) the bassinet bed shall not tip over and shall retain the CAMI 
newborn dummy. 78 FR 63022.

6. Ambiguity in Catastrophic Failure Evaluation

    Comment: One commenter objected to the 30[deg]-tilt requirement in 
the catastrophic failure test. The commenter stated that the 
requirement is not adequately supported by scientific data and 
expressed the belief that this test is counterintuitive to the typical 
design approach by manufacturers of building in redundancies that 
prevent catastrophic failure.
    Response: This comment has been addressed in the Commission's final 
rule on the safety standard for play yards. Bedside sleepers that are 
used in the play yard mode must also meet the play yard requirements. 
In the play yard context, the Commission explained that the 
catastrophic failure test is an alternative to the permanent affixture 
test. The Commission stated that the angle of 30 degrees represents a 
safety factor of three times the 10 degrees maximum safe sleep surface 
angle of incline. The Commission noted that CPSC staff, as well as ASTM 
members, can reconsider the tilt angle requirement during future 
revisions should evidence be presented indicating that the angle is too 
small or large. 78 FR 50332.
    In addition any built in redundancies in testing have been resolved 
because bassinet accessory attachment components are addressed in the 
play yard standard, and because bassinet accessory mattress support 
rods are addressed in the bassinet standard. The play yard bassinet 
accessory misassembly requirement in F406-13 now applies to accessory 
attachment components. Misassembly issues related to mattress support 
rods are now addressed in the standard for bassinets and cradles. 
Bassinets with removable mattress support rods are required to be 
tested both with and without the mattress support rods. The bassinet 
also must pass the segmented mattress flatness test, with and without 
the mattress support rods. Accordingly, all known misassembly issues 
are addressed in either the play yard or the bassinet final standards.

6. Proposed Segmented Mattress Flatness

    Comment: One commenter urged the CPSC to adopt the ASTM pass/fail 
criteria for the surface mattress flatness requirement proposed in the 
Bassinet NPR. The commenter further asserted that the repeated testing 
to ASTM F2194 surface flatness requirements has shown a tendency toward 
a lack of repeatability and that an established principle of looking at 
the mean of several trials should be used.
    Response: This comment has been addressed in the final rule on the 
safety standard for bassinets. The Commission determined that mattress 
flatness requirement is primarily aimed at incidents involving 
bassinet/play yard combination products that tend to use segmented 
mattresses, where seams could pose a suffocation and positional 
asphyxiation hazard. Under the Commission's pass/fail criteria, a 
bassinet attachment with a segmented mattress will fail if any tested 
seam creates an angle greater than 10 degrees. ASTM F2194-13 allowed 
measured angles between 10 degrees and 14 degrees to pass, as long as 
the mean of three measurements on that seam is less than 10 degrees. 
The 14-degree angle was based on an extrapolation of angles formed by 
dimensions of average infant faces. However, the Commission declined to 
use the average infant facial dimension as the basis for this 
requirement. Instead, in the final rule on bassinets, the Commission 
adopted the smallest users' anthropometrics to set the test requirement 
of 10 degrees maximum for each measurement taken. In addition, the 
bassinet final rule exempts from the mattress flatness requirement 
bassinets that are less than 15 inches across. The Commission found 
that these products do not pose the hazard the requirement is intended 
to address, and they are also not wide enough to test using the 
required procedures and equipment. 78 FR 63023.

7. Assembly and Instructions

    Comment: One commenter requested that consistency be maintained 
with previously adopted mandatory regulations regarding assembly 
instructions and visual indicators as are demonstrated, for example, in 
the full-size crib requirement (16 CFR part 1219).
    Response: Although the language in the full-size crib standard (16 
CFR part 1219) and the ASTM F2906-13 and ASTM F2194-13 standards is not 
identical, the Commission finds that the content is sufficiently 
consistent among the standards regarding assembly instructions and 
visual indicators to convey the necessary information.

8. Attachment Mechanism

    Comment: One commenter stated that a gap between the bedside 
sleeper and an adult bed creates a risk of injury to an infant in both 
the bedside sleeper and the adult bed. The commenter recommended that 
CPSC include an attachment mechanism to be composed of only one part 
that is then attached to the bedside sleeper, as required in the 
portable children's bed rail standard, ASTM F2085-12. The commenter 
stated that the attachment mechanism would not need to be permanently 
attached to bedside sleepers that are also used in other modes without 
the attachment, but all necessary parts for attachment should be 
connected to each other, reducing the chance that caregivers will leave 
key elements out of the attachment process.
    Response: The CPSC is not aware of any incidents in which an infant 
became entrapped in a gap between a bedside sleeper and an adult bed 
with or without missing key elements of the attachment mechanism. There 
are very few single-mode bedside sleeper products. Most bedside 
sleepers are multiuse with other modes, such as bassinets and play 
yards. Although the commenter indicated the attachment would not need 
to be connected permanently when used in other modes that do not 
require the attachment, CPSC staff is concerned that the attachment 
could present a risk of injury, such as strangulation or entrapment 
with the attachment cord or strap, when not in use. The addition of

[[Page 2586]]

requirements to prevent entrapment in a gap between the bedside sleeper 
and the adult bed on very few single-mode bedside sleeper products at 
the expense of adding potential strangulation or entrapment risks does 
not appear warranted. At this time, the Commission does not support the 
inclusion of a requirement for a one-piece attachment device that would 
need to be installed permanently on single-mode bedside sleepers and 
also would need to be removable on bedside sleepers with free standing 
bassinet or play yard use modes.

9. Pictograms and Warnings

    Comment: One commenter suggested that adding pictograms to the 
warnings would effectively convey the hazard and avoid language 
barriers that minimize comprehension of these warning labels. The 
commenter also stated that the CPSC should add a warning that would 
advise the caregiver of the danger adult bedding can pose if bedding is 
allowed to fall into the bedside sleeper.
    Response: Currently, all bedside sleeper products are required to 
comply with the marking and labeling requirements of the bassinet 
standard. Although a well-developed and tested pictogram could increase 
comprehension, designing effective, well-understood graphics can be 
difficult. Poor understanding of graphics may cause consumer confusion, 
the most severe of which is a critical confusion, where the graphic is 
interpreted to mean the opposite of the intention. Therefore, any 
warning pictogram should be developed with empirical study and well 
tested on the target audience. In addition, there are a number of 
products for which a soft bedding pictogram could be useful, such as 
bedside sleepers, bassinets, cribs, play yards, inclined sleep 
products, and others. Because of the increasing number of multimode 
products, the Commission believes a cross-product ad hoc working group 
may be the best place to develop such a pictogram and would allow 
testing and validation of the pictogram. Subject to budgetary and staff 
resources, CPSC staff would support participation in any such group, 
and should the need arise, staff will consider future action once such 
a graphic is developed.

10. Effective Date Marking

    Comment: One commenter stated that the CPSC should add a marking on 
products that are manufactured after the effective date so that 
consumers can clearly identify products that meet the mandatory 
standard.
    Response: On Feburary 13, 2013, a final rule implementing Testing 
and Labeling Pertaining to Product Certification, 16 CFR part 1107 (the 
1107 rule), became effective. Under the 1107 rule, a manufacturer or 
importer may label a certified compliant product as ``Meets CPSC Safety 
Requirements.'' Because producers are already allowed to label 
compliant products as such under the 1107 rule, including this option 
in the bedside sleeper standard would be redundant. Accordingly, the 
Commission will not require additional markings at this time.

F. Final Rule

    The CPSC is incorporating by reference ASTM F2906-13 because the 
Commission's proposed modifications in the NPR have been adopted in 
ASTM F2906-13, including the requirements and test methods for bedside 
sleeper accessories missing accessory attachment components and bedside 
sleeper accessory fabric-sided enclosed openings. In addition, because 
bedside sleepers are required to be tested to the bassinet standard, 
and because the Commission recently issued a final rule incorporating 
the ASTM standard for bassinets with some modifications, codified at 16 
CFR part 1218, the references to the voluntary bassinet standard (ASTM 
F2194) are revised to reflect the current mandatory bassinet standard, 
16 CFR part 1218.
    Specifically, ASTM F2194 is referenced in sections 5.1, 5.1.1, 7.1 
and 8.1. All of the references to ASTM F2194 are replaced with 16 CFR 
part 1218 as follows:
     5.1 Prior to or immediately after testing to this consumer 
safety specification, the bedside sleeper must be tested to 16 CFR part 
1218. Multimode products must also be tested to each applicable 
standard. When testing to 16 CFR part 1218, the unit shall be 
freestanding, and not be secured to the test platform, as dictated 
elsewhere in this standard.
     5.1.1 The bassinet minimum side height shall be as 
required in 16 CFR part 1218, with the exception of a lowered side rail 
as permitted in 5.4.
     7.1 All bedside sleeper products shall comply with the 
marking and labeling requirements of 16 CFR part 1218.
     8.1 All bedside sleeper products shall comply with the 
instructional literature requirements of 16 CFR part 1218.

G. Effective Date

    The Administrative Procedure Act (APA) generally requires that the 
effective date of the rule be at least 30 days after publication of the 
final rule. 5 U.S.C. 553(d). Only one commenter addressed the effective 
date and supported the 6-month effective date proposed in the NPR. To 
allow time for bedside sleepers to come into compliance with the 
standard, the bedside sleeper standard will become effective 6 months 
after publication of a final rule in the Federal Register.

H. Regulatory Flexibility Act

1. Introduction

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires 
agencies to consider the impact of proposed and final rules on small 
entities, including small businesses. Section 604 of the RFA requires 
that the Commission prepare a final regulatory flexibility analysis 
when promulgating final rules, unless the head of the agency certifies 
that the rule will not have a significant impact on a substantial 
number of small entities. The final regulatory flexibility analysis 
must describe the impact of the proposed rule on small entities and 
identify any alternatives that may reduce the impact. Specifically, the 
final regulatory flexibility analysis must contain:
     A succinct statement of the objectives of, and legal basis 
for, the rule;
     A summary of the significant issues raised by public 
comments in response to the initial regulatory flexibility analysis, a 
summary of the assessment of the agency of such issues, and a statement 
of any changes made in the proposed rule as a result of such comments;
     A description of, and, where feasible, an estimate of, the 
number of small entities to which the rule will apply;
     A description of the projected reporting, recordkeeping, 
and other compliance requirements of the 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
     A description of the steps the agency has taken to reduce 
the significant economic impact on small entities, consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the rule, and why each one of the other significant 
alternatives to the rule considered by the agency, which affect the 
impact on small entities, was rejected.

[[Page 2587]]

2. The Market

    Bedside sleepers are typically produced and/or marketed by juvenile 
product manufacturers and distributors. Currently, there are at least 
five known manufacturers supplying bedside sleepers to the U.S. market. 
Four are domestic manufacturers, including one manufacturer that 
dominates the market. The fifth is a foreign manufacturer who ships 
products directly to the United States. There may be additional unknown 
small manufacturers and importers operating in the U.S. market as well.
    The Juvenile Products Manufacturers Association (JPMA), the major 
U.S. trade association that represents juvenile product manufacturers 
and importers, runs a voluntary Certification Program for several 
juvenile products. Under this program, products voluntarily submitted 
by manufacturers are tested against the appropriate ASTM standard, and 
only passing products are allowed to display JPMA's Certification Seal.
    Currently, JPMA does not have a Certification Program for bedside 
sleepers, and no firm claims to meet the ASTM voluntary standard. 
However, three firms supply multimode products, which in one mode, are 
compliant with the associated ASTM voluntary standard. Two firms claim 
compliance with the ASTM standard for bassinets; one firm is JPMA-
certified as compliant, and the other claims compliance with the ASTM 
bassinet standard. A third firm supplies play yards that are JPMA-
certified as compliant with the ASTM play yard/non-full-size crib 
standard.

3. Other Federal or State Rules

    There are two federal rules that impact the bedside sleeper 
standard: (1) Testing and Labeling Pertaining to Product Certification 
(16 CFR part 1107); and (2) Requirements Pertaining to Third Party 
Conformity Assessment Bodies (16 CFR part 1112).
    Under 16 CFR part 1107, every manufacturer of a children's product 
that is subject to a children's product safety rule is required to 
certify, based on third party testing by a CPSC-accepted conformity 
assessment body (or laboratory), that the product complies with all 
applicable safety rules. Because bedside sleepers will be subject to a 
mandatory children's product safety rule, the product will also be 
subject to the third party testing requirements of section 14(a)(2) of 
the CPSA.
    Under 16 CFR part 1112, the Commission established requirements for 
the accreditation of third party conformity assessment bodies to test 
for conformance with a children's product safety rule in accordance 
with section 14(a)(2) of the CPSA. This rule amends 16 CFR part 1112 to 
establish the requirements for accepting the accreditation of a 
conformity assessment body to test for compliance with the bedside 
sleeper standard.

4. Impact on Small Businesses

    There are four domestic firms known to be marketing bedside 
sleepers in the United States. Under U.S. Small Business Administration 
(SBA) guidelines, a manufacturer of bedside sleepers is small if it has 
500 or fewer employees. Based on these guidelines, all four domestic 
manufacturers are small. The economic impact on small domestic 
manufacturers depends on two factors: (1) Whether their products are 
multiuse products and are already in compliance with one or more 
existing standards; and (2) the proportion of their total sales or 
revenue that bedside sleepers constitute.
    Three of the four domestic manufacturers produce a multiuse product 
or a product that may be used as a bedside sleeper as well as a 
bassinet or play yard. These three multiuse products are required to 
comply with other existing standards, and there is significant overlap 
between standards. For example, firms that produce multimode bedside 
sleeper/play yards are already required to comply with the mandatory 
play yard standard. In addition, these three multiuse products also 
function as bassinets and will need to comply with the bassinet 
standard prior to the effective date for the bedside sleeper final 
rule. If the products comply with applicable standards pertaining to 
other use modes, these products will require only slight, incremental 
modifications. Thus, assuming that these multiuse bedside sleeper 
products comply or will comply with the standards applicable to other 
use modes, the three producers of multiuse products are unlikely to 
experience an economically significant impact due to the bedside 
sleeper draft final rule.
    Two of the domestic manufactures rely almost solely on the sales of 
bedside sleepers, including a bedside sleeper accessory, as their 
revenue source. This includes one of the firms mentioned above which 
produces a multiuse product that will need to comply with an existing 
standard prior to any effective date for the bedside sleeper draft 
final rule. Again, based on the assumption that this firm's products 
will comply with other existing standards, the bedside sleeper rule 
should not result in a significant economic impact on this firm. The 
second firm, however, produces a product that serves as a standalone 
bedside sleeper. Staff believes that this firm's standalone bedside 
sleeper would need several modifications to meet the requirements in 
the bedside sleeper standard. The firm will need at least two 
modifications (adding a lowered fourth side and complying with new 
stability requirements). However, the firm's plans for modifying the 
product and costs of compliance are unknown. Even if the cost of each 
modification taken individually is small, total costs of compliance 
could be modest or high. Because the majority of this firm's revenues 
is tied to bedside sleepers and assuming that several modifications may 
be needed to comply with the bedside sleeper standard, this firm is 
more likely experience an economically significant impact as a result 
of the bedside sleeper mandatory standard.
    Under section 14 of the CPSA, bedside sleepers are also subject to 
third party testing and certification. Once the new requirements become 
effective, all manufacturers will be subject to the additional costs 
associated with the third party testing and certification requirements 
under the testing rule, Testing and Labeling Pertaining to Product 
Certification (16 CFR part 1107). Third party testing will pertain to 
any physical and mechanical test requirements specified in the bedside 
sleeper final rule; lead and phthalates testing is already required. 
Third party testing costs are in addition to the direct costs of 
meeting the bedside sleeper standard.
    Based on information from the durable nursery product industry and 
confidential business information supplied for the development of the 
third-party testing rule, testing to a single ASTM voluntary standard 
could cost around $500-$600 per model sample. On average, each small 
domestic manufacturer supplies two different models of bedside sleepers 
to the U.S. market annually. Therefore, if third-party testing to the 
requirements in the bedside sleeper standard were conducted every year 
on a single sample for each model, third-party testing costs associated 
for each manufacturer would be about $1,000-$1,200 annually. Based on 
an examination of estimates of firms' revenues from recent Dun & 
Bradstreet reports, the impact of third-party testing to ASTM F2906-13 
is not likely to be economically significant if only one bedside 
sleeper sample per model is required. However, if more than one sample 
would be needed to meet the testing requirements, third-party testing

[[Page 2588]]

costs could have an economically significant impact on two of the small 
manufacturers (i.e., based on SBA guidelines, staff typically uses 1 
percent of gross revenue as the threshold for determining economic 
significance and testing costs could be 1 percent or more of gross 
revenue). The exact number of samples needed to meet the ``high degree 
of assurance'' criterion as required in 16 CFR part 1107 is unknown.

5. Alternatives

    An alternative to the rule would be to set an effective date later 
than 6 months, which is generally considered sufficient time for 
suppliers to come into compliance with a rule. Setting a later 
effective date would allow suppliers additional time to develop 
compliant bedside sleepers and spread the associated costs over a 
longer period of time. The Commission finds that a 6-month effective 
date is adequate for manufacturers to comply with the bedside sleeper 
standard because the changes necessary to comply with the standard are 
not substantial given that most bedside sleepers are also multi-mode 
products.

I. Environmental Considerations

    The Commission's regulations address whether we are required to 
prepare an environmental assessment or an environmental impact 
statement. These regulations provide a categorical exclusion for 
certain CPSC actions that normally have ``little or no potential for 
affecting the human environment.'' Among those actions are rules or 
safety standards for consumer products. 16 CFR 1021.5(c)(1). The rule 
falls within the categorical exclusion.

J. Paperwork Reduction Act

    This rule contains information collection requirements that are 
subject to public comment and review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). The preamble to the proposed rule (77 FR at 73352 through 73353) 
discussed the information collection burden of the proposed rule and 
specifically requested comments on the accuracy of our estimates. 
Sections 7 and 8 of ASTM F2906-13 contain requirements for marking, 
labeling, and instructional literature. These requirements fall within 
the definition of ``collection of information,'' as defined in 44 
U.S.C. 3502(3).
    OMB has assigned control number 3041-0160 to this information 
collection. The Commission did not receive any comments regarding the 
information collection burden of this proposal. Accordingly, we 
estimate the burden of this collection of information as follows:

                                                       Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR section                              respondents       responses        responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1222...............................................................               5                2               10                1               10
--------------------------------------------------------------------------------------------------------------------------------------------------------

K. Preemption

    Section 26(a) of the 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 either establish or 
continue in effect a requirement dealing with the same risk of injury 
unless the state requirement is identical to the federal standard. 
Section 26(c) of the CPSA also provides that states or 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 it becomes effective.

L. Certification and Notice of Requirements (NOR)

    Section 14(a) of the CPSA imposes the requirement that products 
subject to a consumer product safety rule under the CPSA, or to a 
similar rule, ban, standard or regulation under any other act enforced 
by the Commission, must be certified as complying with all applicable 
CPSC-enforced requirements. 15 U.S.C. 2063(a). Section 14(a)(2) of the 
CPSA requires that certification of children's products subject to a 
children's product safety rule be based on testing conducted by a CPSC-
accepted third party conformity assessment body. Section 14(a)(3) of 
the CPSA requires the Commission to publish a notice of requirements 
(NOR) for the accreditation of third party conformity assessment bodies 
(or laboratories) to assess conformity with a children's product safety 
rule to which a children's product is subject. The ``Safety Standard 
for Bedside Sleepers,'' to be codified at 16 CFR part 1222, is a 
children's product safety rule that requires the issuance of an NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
which is codified at 16 CFR Part 1112 (referred to here as part 1112). 
This rule became effective on June 10, 2013. Part 1112 establishes 
requirements for accreditation of third party conformity assessment 
bodies (or laboratories) to test for conformance with a children's 
product safety rule in accordance with Section 14(a)(2) of the CPSA. 
Part 1112 also codifies a list of all of the NORs that the CPSC had 
published at the time part 1112 was issued. All NORs issued after the 
Commission published part 1112, such as the bedside sleeper standard, 
require the Commission to amend part 1112. Accordingly, this rule 
amends part 1112 to include the bedside sleeper standard in the list 
with the other children's product safety rules for which the CPSC has 
issued NORs.
    Laboratories applying for acceptance as a CPSC-accepted third party 
conformity assessment body to test to the new standard for bedside 
sleepers would be required to meet the third party conformity 
assessment body accreditation requirements in 16 CFR Part 1112, 
Requirements Pertaining to Third Party Conformity Assessment Bodies. 
When a laboratory meets the requirements as a CPSC-accepted third party 
conformity assessment body, the laboratory can apply to the CPSC to 
have 16 CFR Part 1222, Safety Standard for Bedside Sleepers, included 
in its scope of accreditation of CPSC safety rules listed for the 
laboratory on the CPSC Web site at: www.cpsc.gov/labsearch.
    CPSC staff conducted an analysis of the potential impacts on small 
entities of the proposed rule establishing accreditation requirements, 
as required by the Regulatory Flexibility Act, and the agency prepared 
an Initial

[[Page 2589]]

Regulatory Flexibility Analysis (IRFA). Requirements Pertaining to 
Third Party Conformity Assessment Bodies. 77 FR 31086, 31123-26. 
Specifically, the NOR for the bedside sleeper standard would not have a 
significant adverse impact on small laboratories. Based upon the number 
of laboratories in the United States that have applied for CPSC 
acceptance of the accreditation to test for conformance to other 
juvenile product standards, we expect that only a few laboratories will 
seek CPSC acceptance of their accreditation to test for conformance 
with the bedside sleeper standard. Most of these laboratories already 
will have been accredited to test for conformance to other juvenile 
product standards, and the only cost to them would be the cost of 
adding the bedside sleeper standard to their scope of accreditation. As 
a consequence, the Commission certifies that the NOR for the bedside 
sleeper standard will not have a significant impact on a substantial 
number of small entities.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third party conformity 
assessment body.

16 CFR Part 1222

    Consumer protection, Imports, Incorporation by reference, Infants 
and Children, Labeling, Law Enforcement, and Toys.

    For the reasons discussed in the preamble, the Commission amends 16 
CFR chapter II as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY 
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

    Authority: 15 U.S.C. 2063; Pub. L. 110-314, section 3, 122 Stat. 
3016, 3017 (2008).


0
2. Amend Sec.  1112.15 by adding paragraph (b)(35) to read as follows:


Sec.  1112.15  When can a third party conformity assessment body apply 
for CPSC acceptance for a particular CPSC rule or test method?

* * * * *
    (b) * * *
    (35) 16 CFR Part 1222, Safety Standard for Bedside Sleepers.
* * * * *


0
3. Add part 1222 to read as follows:

PART 1222-SAFETY STANDARD FOR BEDSIDE SLEEPERS

Sec.
1222.1 Scope.
1222.2 Requirements for bedside sleepers.

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, Sec.  104, 122 Stat. 3016 (August 14, 2008); Pub. 
L. 112-28, 125 Stat. 273 (August 12, 2011).


Sec.  1222.1  Scope.

    This part establishes a consumer product safety standard for 
bedside sleepers.


Sec.  1222.2  Requirements for bedside sleepers.

    (a) Except as provided in paragraph (b) of this section, each 
bedside sleeper must comply with all applicable provisions of ASTM 
F2906-13, Standard Consumer Safety Specification for Bedside Sleepers, 
approved on July 1, 2013. 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; https://www.astm.org/cpsc.htm. You may inspect a copy at the Office of the 
Secretary, 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, call 202-741-6030, or go to: 
https://www.archives.gov/federal_register/code_of_federal 
regulations/ibr_locations.html.
    (b) Comply with ASTM F2906-13 with the following changes:
    (1) Instead of complying with section 5.1 of ASTM F2906-13, comply 
with the following:
    (i) Prior to or immediately after testing to this consumer safety 
specification, the bedside sleeper must be tested to 16 CFR Part 1218. 
Multimode products must also be tested to each applicable standard. 
When testing to 16 CFR Part 1218 the unit shall be freestanding, and 
not be secured to the test platform as dictated elsewhere in this 
standard.
    (ii) 5.1.1 The bassinet minimum side height shall be as required in 
16 CFR Part 1218, with the exception of a lowered side rail as 
permitted in 5.4.
    (2) Instead of complying with section 7.1 of ASTM F2906-13, comply 
with the following:
    (i) All bedside sleeper products shall comply with the marking and 
labeling requirements of 16 CFR Part 1218.
    (ii) [Reserved]
    (3) Instead of complying with section 8.1 of ASTM F2906-13, comply 
with the following:
    (i) All bedside sleeper products shall comply with the 
instructional literature requirements of 16 CFR Part 1218.
    (ii) [Reserved]

    Dated: January 10, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2014-00597 Filed 1-14-14; 8:45 am]
BILLING CODE 6355-01-P