Title 16—Commercial Practices--Volume 1
PART 1236—SAFETY STANDARD FOR INFANT SLEEP PRODUCTS
§ 1236.1   Scope.
This part establishes a consumer product safety standard for infant sleep products, including inclined and flat sleep surfaces, that applies to all products marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, and that are not already subject to any of the following standards:
(a) 16 CFR part 1218 Safety Standard for Bassinets and Cradles;
(b) 16 CFR part 1219 Safety Standard for Full-Size Baby Cribs;
(c) 16 CFR part 1220 Safety Standard for Non-Full-Size Baby Cribs;
(d) 16 CFR part 1221 Safety Standard for Play Yards;
(e) 16 CFR part 1222 Safety Standard for Bedside Sleepers.
§ 1236.2   Requirements for infant sleep products.
(a) Except as provided in paragraph (b) of this section, each infant sleep product must comply with ASTM F3118-17a, Standard Consumer Safety Specification for Infant Inclined Sleep Products (approved on September 1, 2017). 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 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585; www.astm.org . A read-only copy of the standard is available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/ . You may inspect a copy at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone (301) 504-7479, email: cpsc-os@cpsc.gov, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html .
(b) Comply with ASTM F3118-17a with the following additions or exclusions:
(1) Instead of complying with Introduction of ASTM F3118-17a, comply with the following:
(i) Introduction. This consumer safety specification addresses incidents associated with infant sleep products identified by the U.S. Consumer Product Safety Commission (CPSC).
(A) In response to incident data compiled by CPSC, this consumer safety specification attempts to minimize the following:
(1) Fall hazards,
(2) Asphyxiation and suffocation, and
(3) Obstruction of nose and mouth by bedding.
(B) The purpose of the standard is to address infant sleep products not already covered by traditional sleep product standards and to reduce deaths associated with known infant sleep hazards, including, but not limited to, a seat back or sleep surface angle that is greater than 10 degrees from the horizontal.
(C) This consumer safety specification is written within the current state-of-the-art of infant sleep product technology and will be updated whenever substantive information becomes available that necessitates additional requirements or justifies the revision of existing requirements.
(ii) [Reserved]
(2) In section 1.1 of ASTM F3118-17a, replace the term “infant inclined sleep products” with “infant sleep products.”
(3) In section 1.2 of ASTM F3118-17a, replace the term “infant inclined sleep products” with “infant sleep products.”
(4) Instead of complying with section 1.3 of ASTM F3118-17a, comply with the following:
(i) 1.3 This consumer safety performance specification covers infant sleep products, including inclined and flat sleep surfaces, marketed or intended to provide a sleeping accommodation for an infant up to 5 months old, and that are not already subject to any of the following standards:
(A) 16 CFR part 1218—Safety Standard for Bassinets and Cradles, incorporating by reference ASTM F2194, Standard Consumer Safety Specification for Bassinets and Cradles;
(B) 16 CFR part 1219—Safety Standard for Full-Size Baby Cribs, incorporating by reference ASTM F1169, Standard Consumer Safety Specification for Full-Size Baby Cribs;
(C) 16 CFR part 1220—Safety Standard for Non-Full-Size Baby Cribs, incorporating by reference applicable requirements in ASTM F406, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards;
(D) 16 CFR part 1221—Safety Standard for Play Yards, incorporating by reference applicable requirements in ASTM F406, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards;
(E) 16 CFR part 1222—Safety Standard for Bedside Sleepers, incorporating by reference ASTM F2906, Standard Consumer Safety Specification for Bedside Sleepers.
(ii) 1.3.1 If the infant sleep product can be converted into a product for which a CPSC regulation exists, the product shall meet the applicable requirements of the CPSC regulation, when in that use mode. If the infant sleep product can be converted into a product for which no CPSC regulation exists, but another ASTM consumer safety specification exists, the product shall meet the applicable requirements of the ASTM consumer safety specification, when in that use mode.
(iii) 1.3.2 Crib mattresses that meet the requirements of ASTM F2933 are not covered by the specifications of this standard.
(5) In section 1.4 of ASTM F3118-17a, replace the term “infant inclined sleep product” with “infant sleep product.”
(6) Instead of complying with section 2.1 of ASTM F3118-17a, comply with the following:
(i) F406 Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards;
(ii) F1169 Standard Consumer Safety Specification for Full-Size Baby Cribs;
(iii) F2194 Standard Consumer Safety Specification for Bassinets and Cradles;
(iv) F2906 Standard Consumer Safety Specification for Bedside Sleepers;
(v) F2933 Standard Consumer Safety Specification for Crib Mattresses.
(7) Instead of complying with section 2.2 of ASTM F3118-17a, comply with the following:
(i) 16 CFR 1218—Safety Standard for Bassinets and Cradles;
(ii) 16 CFR 1219—Safety Standard for Full-Size Baby Cribs;
(iii) 16 CFR 1220—Safety Standard for Non-Full-Size Baby Cribs;
(iv) 16 CFR 1221—Safety Standard for Play Yards;
(v) 16 CFR 1222—Safety Standard for Bedside Sleepers.
(8) Do not comply with sections 2.3 and 2.4 of ASTM F3118-17a, including Figures 1 and 2.
(9) Do not comply with sections 3.1.1 through 3.1.6 of ASTM F3118-17a.
(10) Instead of complying with section 3.1.7 of ASTM F3118-17a, comply with the following:
(i) 3.1.7 infant sleep product, n —a product marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, and that is not subject to any of the following:
(A) 16 CFR part 1218—Safety Standard for Bassinets and Cradles;
(B) 16 CFR part 1219—Safety Standard for Full-Size Baby Cribs;
(C) 16 CFR part 1220—Safety Standard for Non-Full-Size Baby Cribs;
(D) 16 CFR part 1221- Safety Standard for Play Yards;
(E) 16 CFR part 1222—Safety Standard for Bedside Sleepers.
(ii) [Reserved]
(11) Do not comply with sections 3.1.7.1 through 3.1.13 of ASTM F3118-17a.
(12) Do not comply with section 3.1.15 through 3.1.16 of ASTM F3118-17a.
(13) Do not comply with section 5 of ASTM F3118-17a.
(14) Do not comply with sections 6.1 through 6.8 of ASTM F3118-17a.
(15) Instead of complying with section 6.9 of ASTM F3118-17a, comply with the following:
(i) 6.9 Maximum Seat Back/Sleep Surface Angle:
(ii) 6.9.1 Infant Sleep Product —The angle of the seat back/sleep surface intended for sleep along the occupant's head to toe axis relative to the horizontal shall not exceed 10 degrees when tested in accordance with 7.11.2.
(iii) Do not comply with 6.9.2.
(iv) 6.9.3 Infant Sleep Products —shall meet, 16 CFR part 1218, Safety Standard for Bassinets and Cradles, including conforming to the definition of a “bassinet/cradle.”
(16) Do not comply with sections 6.10 through 7.10 of ASTM F3118-17a.
(17) Do not comply with section 7.11.1.3 of ASTM F3118-17a.
(18) In section 7.11.2 of ASTM F3118-17a, replace “ Infant Inclined Sleep Product and Infant Inclined Sleep Product Accessory” with “ Infant Sleep Products.”
(19) Instead of complying with section 7.11.2.1 and 7.11.2.2 of ASTM F3118-17a, comply with the following:
(i) 7.11.2.1 If applicable, place the product in the manufacturer's recommended highest seat back/sleep surface angle position intended for sleep.
(ii) 7.11.2.2 Place the hinged weight gage-infant in the product and position the gage with the hinge centered over the seat bight line and the upper plate of the gage on the seat back/sleep surface. Place a digital protractor on the upper torso/head area lengthwise.
(20) Do not comply with sections 7.11.3 through 9, or the Appendix, of ASTM F3118-17a.
(21) Add section 10.2 to ASTM F3118-17a:
(i) 10.2 infant sleep product
(ii) [Reserved]