Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 73345 

(k) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install a SOGERMA pilot or copilot seat having P/N 2510112 series, or 

P/N 2510113 series, on any airplane unless 

it has passed the tensile test required by 

paragraph (i) of this AD, or has been replaced 

or modified as required by paragraph (j) of 

this AD. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–2125; fax (425) 

227–1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information European 

Aviation Safety Agency, Airworthiness 

Directive 2012–0102, dated June 8, 2012, and 

the service information specified in 

paragraphs (m)(1)(i) and (m)(1)(ii) of this AD, 

for related information. 

(i) Airbus Alert Operators Transmission 

A300–A25W001–12, dated June 6, 2012. 

(ii) EADS SOGERMA Service Bulletin 

2510112–25–898, dated April 25, 2012. 

(2) For Airbus service information 

identified in this AD, contact Airbus SAS— 

EAW (Airworthiness Office), 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax +33 

5 61 93 44 51; email account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. For EADS SOGERMA 

service information identified in this AD, 

contact EADS SOGERMA, Zone Industrielle 

de l’Arsenal, CS. 60109, 17303 Rochefort, 

Cedex France; phone: 33 5 46 82 84 84; fax: 

33 5 46 82 88 13; email: 

SCOD1@sogerma.eads.net; Internet: http:// 

www.sogerma.eads.net. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

November 30, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–29710 Filed 12–7–12; 8:45 am] 

BILLING CODE 4910–13–P 

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: Notice of proposed rulemaking. 

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 proposing 

a safety standard for bedside sleepers in 

response to the direction under Section 

104(b) of the CPSIA. 

DATES: Submit comments by February 

25, 2013. 

ADDRESSES: Comments related to the 

Paperwork Reduction Act aspects of the 

marking, labeling, and instructional 

literature of the proposed rule should be 

directed to the Office of Information and 

Regulatory Affairs, OMB, Attn: CPSC 

Desk Officer, FAX: 202–395–6974, or 

emailed to 

oira_submission@omb.eop.gov. 

Other comments, identified by Docket 

No. CPSC–2012–0067, may be 

submitted electronically or in writing: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http:// 

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 http:// 

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 http:// 

www.regulations.gov, and insert the 

docket number, CPSC–2012–0067, into 

the ‘‘Search’’ box and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Douglas A. Lee, Project Manager, 

Directorate for Engineering Sciences, 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

telephone 301–987–2073; email 

dlee@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 

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73346 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 

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. 

In this document, the Commission is 

proposing a safety standard for bedside 

sleepers. 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 beside sleepers are accessories to 

play yards/non-full-size baby cribs. On 

October 3, 2012, the Commission 

approved a notice of proposed 

rulemaking (NPR) for a Safety Standard 

for Bassinets and Cradles (http:// 

www.cpsc.gov/library/foia/foia12/brief/ 

bassinetnpr.pdf). The Commission has 

issued a Safety Standard for Play Yards, 

codified at 16 CFR part 1221. Recently 

the Commission has proposed specific 

language to address hazards due to 

misassembly of play yard bassinet 

accessories in a notice of proposed 

rulemaking (77 FR 52272, August 29, 

2012). This proposed rule, if finalized, 

would amend the Safety Standard for 

Play Yards. The proposed rule for 

beside sleepers would adopt many of 

the requirements in the proposed NPR 

for bassinets, as well as address the 

hazards associated with the use of 

bassinet play yard accessories that can 

be assembled with missing key 

structural requirements for bedside 

sleeper play yard accessories. 

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 

proposed standard is based on the 

voluntary standard developed by ASTM 

International (formerly the American 

Society for Testing and Materials), 

ASTM F2906–12, ‘‘Standard Consumer 

Safety Specification for Bedside 

Sleepers’’ (ASTM F2906–12), with 

additions to make the standard more 

stringent. The ASTM standard is 

copyrighted, but it can be viewed as a 

read-only document, only during the 

comment period on this proposal, at: 

http://www.astm.org/cpsc.htm, by 

permission of ASTM. 

B. The Product 

ASTM F2906–12 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 ‘‘multimode 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 that permits 

newborns and infants to sleep close by 

an adult without being in the adult bed. 

In current products, the horizontal sleep 

surface is typically 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 lowered, thereby 

differentiating bedside sleepers from 

bassinets, where all four sides of a 

bassinet are the same height. 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. Current bedside 

sleepers range in size from about 35′′ x 

20′′ to 40′′ x 30.′′ They may have rigid 

sides, but they are most commonly 

constructed with a tube frame covered 

by mesh or fabric. 

Freestanding bassinets are not 

covered under the proposed standard 

for bedside sleepers. They are covered 

under ASTM F2194–12a, ‘‘Standard 

Consumer Safety Specification for 

Bassinets and Cradles.’’ 

Several manufacturers produce 

multiuse (or multimode) bedside sleeper 

products that convert into bassinets 

and/or play yards. Most bedside sleeper 

products can be converted into a 

bassinet by raising the lowered side to 

have four equal-height sides, and a few 

also convert into 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 have been 

evaluated by CPSC staff may be 

collapsed for storage and transport. A 

bedside sleeper that can be used in 

additional modes would need to meet 

each applicable standard. For example, 

a bedside sleeper product that converts 

into a play yard and a bassinet would 

have to meet: ASTM F2906 bedside 

sleeper requirements, ASTM F2194 

bassinet requirements (except for height 

of the fourth lowered side for bedside 

sleepers) and sections of the ASTM 

F406 play yard requirements applicable 

to bassinets when in the bedside sleeper 

mode; ASTM F406 play yard 

requirements when in play yard use 

mode; and ASTM F2194 bassinet 

requirements and applicable sections of 

ASTM F406 play yard requirements 

when in bassinet mode. 

To ensure consistency with the 

existing and proposed standards for 

bassinets and play yards, the 

Commission is proposing additions to 

the scope and performance 

requirements of a bedside sleeper, as 

discussed below. 

C. The Voluntary Standard—ASTM 

F2906 

ASTM first published a voluntary 

standard for bedside sleepers, ASTM 

F2906–11, in December 2011. It 

required bedside sleepers to meet the 

voluntary standard requirements of the 

product upon which it was based, either 

a play yard/non-full-size baby cribs, 

ASTM F406 (play yard standard) or a 

bassinet, ASTM F2194 (bassinet 

standard). The standard also addressed 

hazards specific to bedside sleeper 

products. It addressed 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 ensured 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 to the 

adult bed, per 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. And, 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 served to 

mitigate the foreseeable head and neck 

entrapment hazards posed by bedside 

sleepers. The standard requires a 

minimum 4-inch lowered side height 

over which a child is unlikely to be able 

to roll. In addition, latching and locking 

devices are evaluated to prevent 

unintentional movement of the side that 

lowers and to ensure overall product 

integrity. 

In 2012, the standard for bedside 

sleepers was changed from meeting 

either ASTM F406 (play yard standard) 

or ASTM F2194 (bassinet standard), to 

require all products to meet ASTM 

F2194 only. The bassinet minimum 

side-height requirement (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) is also required for 

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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 73347 

beside sleepers, with the exception of a 

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 they are used by children with 

the same developmental abilities and for 

the same purpose. Many bedside 

sleepers also function as bassinets. By 

requiring beside sleepers to be tested to 

ASTM F2194 (bassinets) rather than to 

ASTM F406 (play yards), ASTM made 

the bedside sleeper standard more 

stringent because there are bedside 

sleeper hazards covered by the bassinet 

standard but that are not covered by the 

play yard standard. Additionally, ASTM 

F406 requires a bassinet accessory on a 

play yard structure to meet the 

applicable sections of the play yard 

voluntary standard. These changes were 

incorporated into ASTM F2906–12, 

‘‘Standard Consumer Safety 

Specification for Bedside Sleepers,’’ in 

July 2012. 

CPSC staff also reviewed mandatory 

and voluntary international standards in 

Canada, the European Union, Australia, 

and New Zealand. There are some 

international standards governing safe 

sleep products for infants; however, 

there are no specific requirements that 

address the hazards unique to bedside 

sleeper products. Canada has a 

mandatory standard for cribs, cradles, 

and bassinets, SOR/2010–26; the 

European Union uses EN 1130 Cribs 

and Cradles and EN 12790 Child Care 

Articles—Reclined Cradles to assess and 

market various design elements and 

structures in bedside sleeper products. 

In Australia and New Zealand, several 

standards exist for safe sleep products– 

AS/NZS 2172:2003 Cots (full-size and 

non-full-size cribs that do not fold); AS/ 

NZS 2195:1999 Folding Cots (play yards 

and folding cribs of any size); AS/NZS 

4385:1996 Infants’ Rocking Cradles 

(cradles and bassinets that tilt.) 

The Juvenile Products Manufacturers 

Association (JPMA) has a certification 

program for a variety of juvenile 

products, including bassinets and play 

yards. Manufacturers that voluntarily 

obtain JPMA certification submit 

products to an independent test 

laboratory for conformance testing to the 

most recent version of the voluntary 

standard. Manufacturers have 6 months 

after publication of a new or revised 

standard to certify products to the new 

requirements. Currently, JPMA does not 

have a certification program for bedside 

sleepers, and no firm claims to meet the 

ASTM voluntary standard, ASTM 

F2906–12. However, three firms supply 

multimode products, where one mode is 

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. 

D. Incident Data 

CPSC staff identified 40 cases of 

bedside sleeper-related incidents from 

2001 to 2011. The CPSC databases 

searched were the In-Depth 

Investigation database, the Injury or 

Potential Injury Incident database, and 

the Death Certificate file. National 

estimates of bedside sleeper productrelated injuries are not available because 

the National Electronic Injury 

Surveillance System (NEISS) data does 

not allow for clear identification of 

bedside sleepers. Therefore, the risk of 

injury associated with the number of 

products in use cannot be calculated. 

CPSC staff is aware of four fatalities 

and 36 nonfatal incidents (with and 

without injuries) related to bedside 

sleepers that were reported from January 

2001 through December 2011. Bedside 

sleepers have been on the market since 

1997. During this time, there have been 

two recalls for product defects that 

created a substantial product hazard. 

One recall involved four deaths, three 

from head entrapment and one from 

suffocation, and several complaints on 

the same entrapment hazard from a 

bedside sleeper with a bassinet base. 

This recall involved 3-in-1 and 4-in-1 

convertible bassinets that contained 

metal bars covered by an adjustable 

fabric flap, attached with Velcro,® that 

folded down when the bassinet was 

converted into a bedside sleeper. If the 

Velcro® was not resecured properly 

when the flap was adjusted, an infant 

could slip through the opening and 

become entrapped in the metal bars and 

suffocate. Because of additional 

incidents, this recall was re-announced 

three times. There were 900,000 units 

recalled. The second recall involved a 

bedside sleeper with a play yard base. 

There were 10 reports of infants falling 

from the mattress into the bottom of a 

bedside sleeper or becoming entrapped 

between the edge of the mattress and the 

side of the bedside sleeper. There were 

76,000 units recalled. Details of the 

recalls can be found on the cpsc.gov 

Web site. 

1. Fatalities 

All four reported fatalities involved 

the same brand of recalled bedside 

sleeper/bassinet. In all four cases, the 

product was being used in the bassinet 

mode, with the adjustable side raised at 

the time of the incident. Three of the 

deaths were due to entrapment and/or 

hanging, which resulted after an infant’s 

body, but not head, slipped through the 

fabric covering and underlying 

structural components of a particular 

brand of bedside sleeper. In two of these 

three fatalities involving a 4-month-old 

and a 6-month-old decedent, the infant’s 

head was entrapped between the lower 

horizontal bars (of the adjustable side) 

and the top of the mattress. The fabric 

flap designed to cover the metal bars 

was not in place. In the third fatality, 

the fabric flap covering the adjustable 

side was not secured to the permanent 

fabric siding, and the horizontal bars of 

the adjustable side were broken/ 

missing. As a result, the 6-month-old 

decedent’s body slipped out through an 

opening in the fabric siding, but her 

chin/throat got caught on a lower 

crossbar. The fourth death occurred 

when an infant moved into a corner 

where the fabric covering the adjustable 

side was not secured by the Velcro®

strip and the bassinet was also missing 

the lower rail. This created a pocket 

between the side and bassinet floor. The 

infant was found with their head in the 

pocket and face against the side of the 

bassinet, resulting in suffocation. 

2. Nonfatal Incidents 

Of the 36 nonfatal incidents, there 

were three reported injuries involving 

infants, none hospitalized, during the 

use of a bedside sleeper. All of the 

injured infants were under 5 months of 

age, which is within the ASTM 

recommended user age range. Two of 

the infants suffered bruising when they 

were entrapped between the metal rungs 

of the same product that had caused 

three of the fatalities described in the 

previous section. The third injury 

occurred when the infant rolled into a 

position where his neck was 

hyperextended into a non-breathable 

corner of the product, and he suffered 

respiratory difficulties. In all three 

cases, the caregiver was nearby to 

prevent any serious consequences. 

The remaining 33 reports indicated 

that no injury occurred or provided no 

information about any injury. However, 

many of the descriptions in the reports 

indicated the potential for a serious 

injury, or even death, in bedside 

sleepers. In cases where victim age was 

reported, six reported ages between 6 

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73348 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 

months and 8 months old; the other 

infants were under 5 months of age. 

3. Hazard Pattern Analysis 

CPSC staff considered all 40 incident 

reports to identify the hazard patterns 

associated with bedside sleeper-related 

incidents. The hazard scenarios in 24 of 

the 40 incidents (60 percent) reported 

were attributed to some sort of failure/ 

defect or a potential design flaw in the 

product. This category includes the four 

fatalities and three non-hospitalized 

injuries. Listed below are the reported 

problems, beginning with the most 

frequently reported concerns: 

• A problem with the adjustable 

fabric cover over the horizontal metal 

bars on the side that lowers in the 

bedside sleeper mode was responsible 

for nine of the reported incidents. These 

included all four fatalities and two of 

the injuries. All of these incidents 

involved one particular manufacturer’s 

bedside sleeper/convertible bassinet 

product, which was recalled in 2008. 

Two of the fatalities occurred before the 

CPSC recall; the third, which involved 

a secondhand product in poor 

condition, occurred after the 2008 

recall, but prior to the 2009 recall 

(which was an expansion of the 2008 

recall). Between the two injuries, one 

occurred prior to the 2008 recall, while 

the other occurred after that recall. 

Neither of the post-recall incident 

reports indicated whether the 

consumers were aware of the recall. 

• Issues with assembly instructions 

were identified in six reported 

incidents. In all of these reports, the 

consumer had misassembled the 

product but reported the product as 

being faulty. None of the incidents 

resulted in any injury or fatality. All but 

one of these incidents involved one 

particular manufacturer’s bedside 

sleeper, which was recalled in 2011. 

• Miscellaneous other product-related 

issues, such as non-levelness of the 

product (two reports), instability of leg 

extensions (two reports), poor design 

(two reports), broken component (one 

report), failure of the attachment (to 

adult bed) mechanism (one report), and 

unclear age labeling (one report) were 

reported in the remaining incident 

reports. One incident reported an injury 

associated with poor product design. 

• In response to CPSC recall notices, 

there were 16 non-incident reports of 

concerns or complaints. In these reports, 

the consumer either sought advice on 

options regarding a bedside sleeper 

product they owned that had been 

recalled, or they inquired about whether 

the product they owned was within the 

scope of the recall. 

E. Proposed Changes to ASTM F2906– 

12 

CPSC staff identified 24 incidents due 

to defect or potential design flaws in the 

product. 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 proposes 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. Section 5 

(Performance Requirements) of ASTM 

F2906–12 requires that in addition to 

the tests provided in ASTM F2906–12, 

the bedside sleeper must be tested to the 

bassinet standard (ASTM F2194). 

Specifically, section 5.1 provides that: 

Prior to or immediately after testing to this 

consumer safety specification, the bedside 

sleeper must be tested to Consumer Safety 

Specification F2194. Multi-mode products 

must also be tested to each applicable 

standard. When testing to Consumer Safety 

Specification F2194 the unit shall be free 

standing, and not be secured to the test 

platform as dictated elsewhere in this 

standard. 

Because bedside sleepers already are 

required to be tested to the applicable 

bassinet standard requirements, and 

multimode products, to each applicable 

standard, the Commission proposes in 

this rule to add clarifying language to 

ensure that the requirements that are not 

yet included in an existing standard or 

proposed in an NPR (i.e., ASTM F406– 

12a (play yards) and ASTM F2194–12 

(bassinets)) are also included in ASTM 

F2906–12 (bedside sleepers). 

1. Fabric-Sided Enclosed Openings 

The current version of ASTM F2194– 

12a (bassinets) contains a Fabric-Sided 

Enclosed Openings’ performance 

requirement for bassinets. This 

requirement prohibits completely 

bounded openings large enough to 

permit passage of an infant’s torso. The 

hazard scenarios addressed by this 

requirement encompass the three 

strangulation deaths described above 

and a related, foreseeable suffocation 

hazard. These hazards occur when a 

child passes through an opening, either 

becomes trapped between the liner and 

mattress pad and suffocates, or becomes 

suspended by the neck, and then 

strangles. This hazard, associated with a 

recall of 900,000 units, led to three of 

the four fatalities on a bassinet that 

converts to a bedside sleeper. The 

bassinet test procedure (ASTM F2194– 

12a, section 7.8) attempts to push a 

torso probe the size of a 5th percentile 

infant through bounded openings with 

20 lbs of force. The test is first 

performed with product assembled per 

the manufacturer’s instructions. If the 

product has a removable cover, it is 

performed a second time after all 

fasteners or snaps are unfastened, but 

the removable cover left in place. In 

doing so, the test intentionally 

replicates the incorrectly secured fabric 

liner hazard scenario of the fatal 

incidents. 

A manufacturer’s bedside sleeper 

accessory exhibited this hazard, which 

led to its recall in 2011. The recall was 

initiated in response to incident reports 

in which the bedside sleeper accessory’s 

removable cover (liner or shell) was 

either not used, or was present but not 

secured to the play yard frame. This 

bedside sleeper accessory can also be 

used as a play yard, or a bassinet 

accessory to a play yard. When in the 

bassinet accessory position, the front 

side of the product can be lowered, 

transforming it into the beside sleeper 

mode. A 11⁄2 year-old unused sample of 

this product was recently retested by 

CPSC staff, confirming that it fails the 

ASTM F2194 fabric-sided enclosed 

opening requirement. However, a new 

sample of a similar model from the same 

manufacturer passed this test. Staff 

identified two possible reasons for 

testing variances. One explanation is 

that the fit of the shell to the play yard 

frame becomes looser with repeated 

assembly and disassembly. The other 

reason is that the seam joining the mesh 

and fabric part of the liner may be in a 

slightly different location on some 

models. The seam may cause sufficient 

friction on the torso test probe during 

force testing on some models. 

Accordingly, minor changes in materials 

or construction may not be sufficient to 

remedy the hazard presented by the 

fabric-sided, bounded opening hazard. 

Under section 6.7 of ASTM F2194–12, 

for bassinets/cradles with fabric sides, a 

completely 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 bassinets or play yard accessories. 

Bassinets 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 

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the complete collapse of the bassinet 

attachment; test labs would likely 

consider that a failure. However, for 

bassinets that convert to a bedside 

sleeper with a lowered side, CPSC staff 

determined that all bedside sleeper play 

yard accessories should be subject to the 

requirements of the ASTM F2194–12 

bassinet standard’s section 6.7 FabricSided Enclosed Opening without the 

exemption for bassinet play yard 

accessories, given the demonstrated 

hazards presented when a bedside 

sleeper’s removable cover (liner or shell) 

is either not used, or not secured 

properly. 

The Commission proposes additional 

language for the ASTM F2906 bedside 

sleeper standard 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. Unlike 

bassinet play yard accessories, bedside 

sleeper (or a bassinet that is converted 

into a bedside sleeper) play yard 

accessories could have fasteners left 

unclipped (through the detachment of 

snaps/Velcro) where the bedside sleeper 

with the lowered side does not 

completely collapse. Because the 

bedside sleeper could still appear 

functional, the Commission proposes to 

add language under Section 3 

(Terminology) of ASTM F2906–12. The 

new proposed section 3.1.8 would state: 

‘‘bedside sleeper accessory, n—an 

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 (nonrocking) position.’’ The Commission 

also proposes to add a new proposed 

section 5.7, stating: ‘‘a Bedside Sleeper 

Accessory Fabric-Sided Enclosed 

Openings—A bedside sleeper accessory 

shall meet the F2194 performance 

requirement ‘‘Fabric-Sided Enclosed 

Openings.’’ Under new proposed 

section 5.7.1, bedside sleeper 

accessories would be exempt from this 

requirement if either of the following 

two conditions were met after 

disengaging all fasteners between the 

accessory and the non-full-size crib or 

play yard base to which it is assembled: 

(1) The bedside sleeper accessory 

collapses under its own weight, such 

that any part of the mattress pad 

contacts the bottom floor of the non-fullsize crib or play yard (5.7.1.1); or (2) the 

bedside sleeper accessory’s sleep 

surface tilts by more 30 degrees 

(5.7.1.2). These requirements are also 

consistent with the proposed 

requirements in the NPR for the Safety 

Standard for Play Yards for play yard 

bassinet accessory misassembly 

provisions, which require all key 

structural elements to be attached 

permanently to the bassinet shell. The 

second method of compliance is to meet 

a catastrophic failure test, where a 

missing key structural element makes 

the product collapse completely or tilt 

more than 30 degrees. 77 FR 52273. 

2. Consumer Misassembly With Missing 

Components 

The Commission proposed a 

requirement to address consumer 

misassembly of key structural elements 

for bassinet accessories to play yards in 

the NPR for the Safety Standard for Play 

Yards, 77 FR 52272. However, the NPR 

for play yards did not include specific 

language for bedside sleeper play yard 

accessories. Although section 5 

(Performance Requirements) of ASTM 

2906–12 provides that bedside sleepers 

must be tested to ASTM F2194 

(bassinets), and multimode products 

must also be tested to each applicable 

standard, the Commission proposes to 

add language to ASTM 2906–12 

(bedside sleepers) to make explicit that 

the requirements for addressing 

consumer misassembly of key structural 

elements is required for bedside sleeper 

play yard accessories in addition to 

bassinet play yard accessories. 

As described at length in the NPR for 

the Safety Standard for Play Yards, 77 

FR 52272, omission of key structural 

elements of a bassinet assembly (such as 

rods, tubes, bars, and hooks that keep 

the sleep surface flat and level) could 

result in a tilt in the sleeping surface 

and put the infant in a position where 

he or she is unable to breathe and is at 

risk of suffocation. This hazard is 

magnified should these misassembled 

products be used as an unsupervised 

sleep environment, another reasonably 

foreseeable scenario. Similarly, a 

misassembled bedside sleeper play yard 

accessory may not be readily apparent 

or obvious 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 

misassembled accessory and 

inadvertently place a child in danger. 

Bedside sleeper accessories and bassinet 

accessories incorporate very similar 

designs and manufacturing processes 

(because many bedside sleepers also 

function as bassinets), and many of the 

same performance requirements are 

applicable to both products. 

Accordingly, in order to ensure that all 

of the hazards associated with bedside 

sleeper play yard accessories and 

bassinet play yard accessories that can 

be assembled missing key structural 

elements are addressed, the Commission 

proposes to add under section 5 

(Performance Requirements) to ASTM 

F2906–12, new proposed section 5.8 

Bedside Sleeper Play Yard Accessories 

Missing Key Structural Elements. The 

new section 5.8 will provide: A bedside 

sleeper accessory shall meet the F406 

general requirement, ‘‘Bassinet/Cradle 

Accessories Missing Key Structural 

Elements.’’ 

3. New Requirements for Bassinets 

ASTM F2906–12 already requires 

bedside sleepers to meet the 

requirements of the bassinet standard, 

ASTM F2194 ‘‘Standard Consumer 

Product Safety Specification for 

Bassinets and Cradles,’’ 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. The 

Commission’s proposed modifications 

to address bassinet hazards in ASTM 

F2194–12 have been discussed in great 

detail in the NPR and in the Bassinet 

NPR staff briefing package. Specifically, 

the Commission proposed four changes 

to the ASTM bassinet standard. Three of 

those proposed changes to the bassinet 

standard would also be applicable to 

bedside sleepers. The fourth proposed 

change would update the scope and 

corresponding terminology specific to 

bassinets under ASTM F2194, and it is 

not applicable to bedside sleepers. 

Three of the proposed requirements that 

would apply to bedside sleepers 

include: (1) Segmented Mattress 

Flatness Requirement and Test Method; 

(2) Removable Bassinet Bed Stability; 

and (3) Stability Test Dummy. Because 

bedside sleepers are already required to 

be tested to the bassinet standard, 

ASTM F2194, there is no need to add 

language to the bedside sleeper standard 

proposing these requirements and test 

methods. Accordingly, if the proposed 

changes to ASTM F2194 are finalized, 

bedside sleepers will also be required to 

meet the following requirements and 

test methods in addition to all other 

applicable requirements in ASTM 

F2194. The following proposed changes 

to the bassinet standard would also be 

applicable to bedside sleepers: 

A. Proposed Segmented Mattress 

Flatness Requirement and Test Method 

(Sections 6.9 and 7.10 of ASTM F2194– 

12a) 

In order to address the hazard of 

suffocation/positional asphyxia due to 

an excess mattress pad angle, the 

Commission proposed performance 

requirements and a test method for the 

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minimum flatness of mattress surfaces. 

This requirement would apply to 

segmented mattresses, such as those 

seen in a bassinet accessory to a play 

yard. The Commission proposed that 

the segmented mattresses commonly 

used in play yards shall not create an 

angle greater than 10 degrees when 

tested using a 17-pound cylinder to 

simulate the weight of a 6-month-old 

infant. This performance requirement 

and test method would also apply to a 

segmented mattress used in a bedside 

sleeper accessory to a play yard. 

B. Proposed New Performance 

Requirement and Associated Definitions 

To Address Hazards Associated With 

the Stability of Removable Bassinet 

Beds (Sections 3.1.3, 3.1.17, 3.1.18, 

3.1.19, 3.1.20, 6.10, 7.11 of ASTM 

F2194–12a) 

In order to address hazards associated 

with misassembly of removable bassinet 

beds, the Commission proposed 

performance requirements and a test 

method for products that have bassinet 

beds that attach to an elevated stand. 

The requirements would apply to 

removable bassinet beds that are 

designed to separate from the stand/base 

without the use of tools. The 

Commission proposed that if a 

removable bassinet bed is not properly 

attached or assembled to its base, it 

must meet one of the following 

requirements: 

• The base/stand shall not support 

the bassinet (i.e., the bassinet bed falls 

from the stand so that it is in contact 

with the floor); or 

• The lock/latch shall automatically 

engage under the weight of the bassinet 

bed (without any other force or action); 

or 

• The stand/base shall not be capable 

of supporting the bassinet bed within 20 

degrees of horizontal; or 

• The bassinet shall contain a visual 

indicator mechanism that shall be 

visible on both sides of the product; or 

• The bassinet bed shall not tip over 

and shall retain the CAMI newborn 

dummy when subjected to the stability 

test outlined in the standard. 

These requirements are equally 

applicable to removable bedside 

sleepers that are designed to separate 

from the stand/base without the use of 

tools. 

C. Proposed Revised Test Procedure for 

Bassinet Stability (Sections 2.3 and 7.4.4 

of ASTM F2194–12a) 

During evaluations of the test 

methods for removable bassinet beds, 

CPSC staff made comparisons of the 

stability of products weighted with the 

newborn CAMI dummy (7.45 lbs) as 

opposed to the infant CAMI dummy 

(17.5 lbs). ASTM F 2194–12 contains a 

stability requirement that uses the 

heavier infant CAMI dummy. Use of the 

newborn CAMI, which is readily 

available to test labs and represents the 

50th percentile newborn, would result 

in a more conservative stability test. In 

addition, bassinets are intended for use 

with newborns. Accordingly, the 

Commission proposed a revised test 

procedure for bassinet stability that uses 

a newborn CAMI instead of an infant 

CAMI. This test procedure is equally 

applicable to removable beside sleepers 

that are designed to separate from the 

stand/base without the use of tools 

because they too are intended for use 

with newborns. 

F. 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). To allow time for 

bedside sleepers to come into 

compliance, the Commission proposes 

that the standard would become 

effective 6 months after publication of a 

final rule in the Federal Register. The 

Commission invites comment on how 

long it will take bedside sleeper 

manufacturers to come into compliance 

with the rule. 

G. 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 that the Commission prepare an 

initial regulatory flexibility analysis and 

make it available to the public for 

comment when the notice of proposed 

rulemaking is published. The initial 

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 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 

• An identification, to the extent 

possible, of all relevant federal rules 

that may duplicate, overlap, or conflict 

with the proposed rule. 

In addition, the initial regulatory 

flexibility analysis must contain a 

description of any 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. 

2. The Market 

Typically, bedside sleepers are 

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. 

Under U.S. Small Business 

Administration (SBA) guidelines, a 

manufacturer of bedside sleepers 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, all four domestic 

manufacturers known to be supplying 

the U.S. market are small. 

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 bedside sleeper voluntary 

standard. However, three firms supply 

multimode products where one mode is 

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. 

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National estimates of bedside sleeper 

product-related injuries are not 

available because the National 

Electronic Injury Surveillance System 

(NEISS) data does not allow for clear 

identification of bedside sleepers. 

Therefore, the risk of injury associated 

with the number of products in use 

cannot be calculated. 

3. Compliance Requirements of the 

Proposed Rule 

Although all bedside sleepers 

currently on the market will require 

some modification in order to meet the 

voluntary standard, several of these 

requirements would impose little to no 

burden on manufacturers because firms 

also must comply with similar 

requirements in existing voluntary 

standards. 

Several modifications of the product 

may be required. The lowered side of 

the bedside sleeper must be 4 inches. 

The height requirement for sides that 

cannot be lowered is identical to that of 

bassinets, 71⁄2 inches. This requirement 

is not expected to pose a substantial cost 

for firms. However, it is possible that a 

few firms will need to modify their 

product in order to comply. Some 

products will need to add a permanent 

fourth side, and some may need to raise 

the fourth side so that it meets the 

minimum 4-inch side height. 

ASTM F2906–12 requires that the gap 

between the bedside sleeper and adult 

bed should not be more than a 1⁄2 inch 

when the bedside sleeper is secured to 

the bed. Firms may need to modify the 

attachment system to meet the 

minimum requirement by adjusting the 

anchor and/or straps to reduce 

stretching and to limit slippage. 

Alternatively, firms may opt to redesign 

their attachment system. Cost should be 

minimal if no new materials are used. 

Some products will require some 

modification in order to meet the two 

proposed bedside sleeper accessory 

requirements. The Commission 

proposes that the bedside sleeper 

accessory would be required to meet the 

(1) fabric sided opening requirement 

and (2) consumer misassembly 

requirement. In order to comply with 

the fabric opening requirement, the 

bedside sleeper accessory must pass the 

torso probe test. Alternatively, when the 

fabric-sided liner is unsecured, the 

bedside sleeper accessory should either 

collapse under its own weight or the 

sleep surface should tilt by more than 

30 degrees. The proposed consumer 

misassembly requirement is identical to 

the play yard bassinet misassembly 

requirement proposed in the NPR for 

the Safety Standard for Play Yards. The 

Commission proposes that a bedside 

sleeper accessory that can be assembled 

and attached to the play yard with any 

of the key structural elements missing 

must either: (1) Have all key structural 

components permanently attached or (2) 

be obviously unusable when attached to 

the play yard with any key structural 

element removed. The bedside sleeper 

accessory, if misassembled, should 

provide visual cues, such as the 

mattress pad contacts the bottom floor 

of the non-full-size crib or play yard, or 

the sleep surface angle tilts by more 

than 30 degrees to indicate 

misassembly. The actual cost of meeting 

these proposed requirements to 

manufacturers is unknown, but it could 

be minimal, primarily involving 

additional stitching, rivets, and other 

methods of attachment. However, if 

product redesign is required, the costs 

could be significant. 

The proposed bassinet requirements 

that are also applicable to bedside 

sleepers—mattress and stability 

requirements—are expected to have 

little to no incremental impact on firms. 

These requirements are identical to 

requirements in the bassinet NPR for 

Safety Standard for Bassinets and 

Cradles and the cost of meeting those 

requirements was accounted for in the 

bassinet NPR. If these requirements are 

finalized as proposed, a manufacturer 

who produces a bedside sleeper and a 

bassinet combination product would 

already need to meet these requirements 

and would have incurred the associated 

costs under the bassinet standard. As a 

consequence, meeting the same 

requirements under a bedside sleeper 

standard would impose no additional 

burden. Most bedside sleeper 

manufacturers produce such a 

combination product. In addition, firms 

would need to revise current warning 

labels to include a description of correct 

assembly and conversion modes. This 

represents a minor modification. 

4. Other Federal or State Rules 

The Commission is in the process of 

implementing sections 14(a)(2) and 

14(i)(2) of the Consumer Product Safety 

Act (CPSA), as amended by the CPSIA. 

Section 14(a)(2) of the CPSA requires 

every manufacturer of a children’s 

product that is subject to a children’s 

product safety rule to certify, based on 

third party testing, that the product 

complies with all applicable safety 

rules. Section 14(i)(2) of the CPSA 

requires the Commission to establish 

protocols and standards (i) for ensuring 

that a children’s product is tested 

periodically and when there has been a 

material change in the product, (ii) for 

the testing of representative samples to 

ensure continued compliance, (iii) for 

verifying that a product tested by a 

conformity assessment body complies 

with applicable safety rules, and (iv) for 

safeguarding against the exercise of 

undue influence on a conformity 

assessment body by a manufacturer or 

private labeler. 

Because bedside sleepers will be 

subject to a mandatory standard, they 

will also be subject to the third party 

testing requirements of section 14(a)(2) 

of the CPSA when the mandatory 

standard and the notice of requirements 

become effective. 

5. Impact on Small Businesses 

There are five firms known to be 

marketing bedside sleepers in the 

United States. One is a foreign 

manufacturer. The analysis applies to 

the four domestic firms, all of which are 

small. The impact of the standard on 

manufacturers depends on two factors: 

(1) Whether their products are multiuse 

products and are already in compliance 

with one or more existing voluntary (or 

mandatory) 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 play 

yard or bassinet. These multiuse 

products are already in compliance with 

an existing standard, and there is 

significant overlap between standards. It 

is likely that manufacturers will need to 

make only slight, if any, modifications 

to comply with the bedside sleeper 

standard. The three producers of 

multiuse products are unlikely to 

experience a significant impact. 

Two of the domestic manufactures 

rely almost solely on the sales of 

bedside sleepers as their revenue 

source. One of the firms produces a 

multiuse product that is in compliance 

with an existing voluntary standard, as 

described above, and should not 

experience a significant impact. The 

other firm, however, produces a product 

that serves only as a bedside sleeper. 

The costs of compliance for this firm are 

unknown but could be significant if a 

complete product redesign is required. 

In addition, the impact could be 

magnified because most of this firm’s 

revenues are due to the sales of bedside 

sleepers. 

All manufacturers will need to modify 

existing warning labels. A new warning 

label poses a small burden because it 

represents a minor modification. Costs 

associated with the new warning label 

would be low because no new materials 

are used. Once the final rule and notice 

of requirements are in effect, all 

manufacturers will be subject to third 

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party testing and certification 

requirements. 

6. Alternatives 

Under the Danny Keysar Child 

Product Safety Notification Act, section 

104 of the CPSIA, one alternative that 

would reduce the impact on small 

entities is to make the voluntary 

standard mandatory with no 

modifications. Adopting the current 

voluntary standard without any changes 

potentially would reduce costs for 

manufacturers. Three of the four small 

manufacturers who are already 

compliant with a voluntary standard 

would have a reduced burden. However, 

all firms still require some product 

changes in order to meet the voluntary 

standard. Because the staff’s proposed 

changes add little to the overall burden, 

adopting the voluntary standard with no 

changes will not significantly offset the 

burden. 

A second alternative would be to set 

an effective date later than the staffrecommended 6 months. This would 

allow suppliers additional time to 

modify and/or develop compliant 

bedside sleepers and spread the 

associated costs over a longer period of 

time. 

H. Environmental Considerations 

The Commission’s regulations address 

whether we are required to prepare an 

environmental assessment or an 

environmental impact statement. If our 

rule has ‘‘little or no potential for 

affecting the human environment,’’ it 

will be categorically exempted from this 

requirement. 16 CFR 1021.5(c)(1). The 

proposed rule falls within the 

categorical exemption. 

I. Paperwork Reduction Act 

This proposed 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). In this document, pursuant to 44 

U.S.C. 3507(a)(1)(D), we set forth: 

• A title for the collection of 

information; 

• A summary of the collection of 

information; 

• A brief description of the need for 

the information and the proposed use of 

the information; 

• A description of the likely 

respondents and proposed frequency of 

response to the collection of 

information; 

• An estimate of the burden that shall 

result from the collection of 

information; and 

• Notice that comments may be 

submitted to the OMB. 

Title: Safety Standard for Bedside 

Sleepers. 

Description: The proposed rule would 

require each bedside sleeper to comply 

with ASTM F2906–12, Standard 

Consumer Safety Specification for 

Bedside Sleepers. Sections 7.1, 8.1, and 

8.2 of ASTM F2906–12 contain 

requirements for marking, labeling, and 

instructional literature that are 

disclosure requirements, thus falling 

within the definition of ‘‘collections of 

information’’ at 5 CFR 1320.3(c). Section 

7.1 of ASTM F2906–12 requires that all 

bedside sleeper products meet with the 

marking and labeling instructions of 

ASTM F2194, Standard Consumer 

Safety Specification for Bassinets and 

Cradles. Section 8.1 of ASTM F2194–12 

requires: 

• The name and the place of business 

(city, state, mailing address including 

Zip code) or telephone number of the 

manufacturer, importer distributor, or 

seller; and 

• A code mark or other means that 

identifies the date (month and year as a 

minimum) of manufacture. 

Section 8.1 of ASTM F2906–12 

requires that all bedside sleeper 

products comply with the instructional 

literature requirements of ASTM F2194, 

Standard Consumer Safety Specification 

for Bassinets and Cradles. Section 9.1 of 

ASTM F2194–12a requires all firms 

supplying bedside sleepers to provide 

easy-to-read and understand 

instructions regarding assembly, 

maintenance, cleaning, operating, and 

adjustments, where applicable. Section 

8 of ASTM F2906–12 also requires that 

the instructions cover correct assembly 

of product and use of attachment 

system, and conversion, as well as alert 

consumers that they should read all 

instructions and keep the instructions 

for future use. These requirements fall 

within the definition of ‘‘collection of 

information,’’ as defined in 44 U.S.C. 

3502(3). 

Description of Respondents: Persons 

who manufacture or import bedside 

sleepers. 

Estimated Burden: We estimate the 

burden of this collection of information 

as follows: 

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

16 CFR Section Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

1222 ..................................................................................... 5 2 10 1 10 

Our estimates are based on the 

following: 

There are five known firms supplying 

bedside sleepers to the U.S. market. All 

five firms are assumed to use labels on 

both their products and their packaging 

already, but they might need to make 

some modifications to their existing 

labels. The estimated time required to 

make these modifications is about 1 

hour per model. Each of these firms 

supplies an average of two different 

models of bedside sleepers; therefore, 

the estimated burden hours associated 

with labels is 1 hour × 5 firms × 2 

models per firm = 10 annual hours. 

Sections 8.1 and 8.2 of ASTM F2906– 

12 require instructions to be supplied 

with the product. This is a practice that 

is customary with bedside sleepers. 

Bedside sleepers are products that 

generally require some installation and 

maintenance instructions, and any 

products sold without such information 

would not be able to compete 

successfully with products that provide 

this information. Therefore, because the 

CPSC is unaware of bedside sleepers 

that: (a) Generally require some 

installation, but (b) lack any instructions 

to the user about such installation, there 

are no burden hours associated with the 

instruction requirement in sections 8.1 

and 8.2 because any burden associated 

with supplying instructions with 

bedside sleepers would be ‘‘usual and 

customary’’ and not within the 

definition of ‘‘burden’’ under the OMB’s 

regulations. 

We estimate that hourly 

compensation for the time required to 

create and update labels is $27.64 (U.S. 

Bureau of Labor Statistics, ‘‘Employer 

Costs for Employee Compensation,’’ 

June 2012, Table 9, total compensation 

for all sales and office workers in goodsproducing private industries: http:// 

www.bls.gov/ncs/). Therefore, the 

estimated annual cost associated with 

the proposed requirements is $276 

($27.64 per hour × 10 hours = $276). 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

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3507(d)), we have submitted the 

information collection requirements of 

this rule to the OMB for review. 

Interested persons are requested to 

submit comments regarding information 

collection by January 9, 2013, to the 

Office of Information and Regulatory 

Affairs, OMB (see the ADDRESSES section 

at the beginning of this notice). 

Pursuant to 44 U.S.C. 3506(c)(2)(A), 

we invite comments on: 

• Whether the collection of 

information is necessary for the proper 

performance of the CPSC’s functions, 

including whether the information will 

have practical utility; 

• The accuracy of the CPSC’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

• Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; 

• Ways to reduce the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques, when 

appropriate, and other forms of 

information technology; and 

• The estimated burden hours 

associated with label modification, 

including any alternative estimates. 

J. 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. 

K. 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 CPSCaccepted 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 

proposed rule for 16 CFR part 1222, 

‘‘Safety Standard for Bedside Sleepers,’’ 

when issued as a final rule, will be a 

children’s product safety rule that 

requires the issuance of an NOR. 

On May 24, 2012, the Commission 

published a proposed rule in the 

Federal Register titled, ‘‘Requirements 

Pertaining to Third Party Conformity 

Assessment Bodies,’’ 77 FR 31086, 

which, when finalized, would establish 

the general requirements and criteria 

concerning testing laboratories under 16 

CFR part 1112. These include the 

requirements and procedures for CPSC 

acceptance of the accreditation of a 

laboratory to test children’s products in 

support of the certification required by 

section 14(a)(2) of the CPSA. The 

proposed rule lists the children’s 

product safety rules for which the CPSC 

has published NORs for laboratories. In 

this document, the Commission is 

proposing to amend the list in 16 CFR 

part 1112, once that rule becomes final, 

to include the bedside sleeper standard, 

once finalized, along 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 once that rule becomes final. 

When a laboratory meets the 

requirements as a CPSC-accepted third 

party conformity assessment body, it 

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 

prepared an Initial Regulatory 

Flexibility Analysis (IRFA). 

Requirements Pertaining to Third Party 

Conformity Assessment Bodies. 77 FR 

31086, 31123–26. The IRFA concluded 

that the requirements would not have a 

significant adverse impact on a 

substantial number of small laboratories 

because no requirements are imposed 

on laboratories that do not intend to 

provide third party testing services 

under Section 14(a)(2) of the CPSA. The 

only laboratories that are expected to 

provide such services are those that 

anticipate receiving sufficient revenue 

from providing the mandated testing to 

justify accepting the requirements as a 

business decision. Laboratories that do 

not expect to receive sufficient revenue 

from these services to justify accepting 

these requirements would likely not 

pursue accreditation for this purpose. 

Similarly, amending the rule to include 

the NOR for the bedside sleeper 

standard would not have a significant 

adverse impact on small laboratories. 

Moreover, 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, 

perhaps fewer than 6, 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 could 

certify that the proposed NOR for the 

bedside sleeper standard will not have 

a significant impact on a substantial 

number of small entities. 

The final NOR will base the CPSC 

laboratory accreditation requirements 

on the performance standard set forth in 

the final rule for the safety standard for 

bedside sleepers and the test methods 

incorporated within that standard. The 

Commission may recognize limited 

circumstances in which it will accept 

certification based on product testing 

conducted before the Commission’s 

acceptance of accreditation of 

laboratories for testing bedside sleepers 

(also known as retrospective testing) in 

the final NOR. The Commission seeks 

comments on any issues regarding the 

testing requirements of the proposed 

rule for bedside sleepers and the 

accompanying proposed NOR. 

L. Request for Comments 

This proposed rule begins a 

rulemaking proceeding under section 

104(b) of the CPSIA to issue a consumer 

product safety standard for bedside 

sleepers. We invite all interested 

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73354 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 

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. 

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 proposes to 

amend Title 16 of the Code of Federal 

Regulations as follows: 

PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

1. The authority citation for part 1112 

continues to read as follows: 

Authority: Pub. L. 110–314, section 3, 122 

Stat. 3016, 3017 (2008); 15 U.S.C. 2063. 

2. Amend Part 1112.15 by adding 

paragraph (b)(34) to read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

and/or test method? 

* * * * * 

(b) The CPSC has published 

previously, or in the cases of 16 CFR 

parts 1221, 1223, and 1224, and ASTM 

F 963–11 for the first time, the 

requirements for accreditation for third 

party conformity assessment bodies to 

assess conformity with the following 

CPSC rules and/or test methods: 

* * * * * 

(34) 16 CFR part 1222, Safety 

Standard for Bedside Sleepers. 

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, 

§ 104, 122 Stat. 3016 (August 14, 2008); Pub. 

L. 112–28, 125 Stat. 273 (August 12, 2011). 

§ 1222.1 Scope. 

This part establishes a consumer 

product safety standard for bedside 

sleepers. 

§ 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 F2906–12, 

Standard Consumer Safety Specification 

for Bedside Sleepers, approved on June 

1, 2012. The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. You may 

obtain a copy from ASTM International, 

100 Bar Harbor Drive, P.O. Box 0700, 

West Conshohocken, PA 19428; http:// 

www.astm.org/cpsc.htm. 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: http://www.archives.gov/ 

federal_register/ 

code_of_federalregulations/ 

ibr_locations.html. 

(b) Comply with the ASTM F2906–12 

standard with the following additions: 

(1) In addition to complying with 

section 3.1.7 of ASTM F2906–12, 

comply with the following: 

(i) 3.1.8 ‘‘bedside sleeper accessory, 

n—an 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.’’ 

(ii) [Reserved] 

(2) In addition to complying with 

section 5.6 of ASTM F2906–12, comply 

with the following: 

(i) 5.7 Bedside Sleeper Accessory 

Fabric-Sided Enclosed Openings—A 

bedside sleeper accessory shall meet the 

F2194 performance requirement, 

‘‘Fabric-Sided Enclosed Openings.’’ 

(A) 5.7.1 Bedside sleeper accessories 

are exempt from this requirement if 

either of the following two conditions is 

met after disengaging all fasteners 

between the accessory and the non-fullsize crib or play yard base to which it 

is assembled: 

(B) 5.7.1.1 The bedside sleeper 

accessory collapses under its own 

weight, such that any part of the 

mattress pad contacts the bottom floor 

of the non-full-size crib or play yard. 

(C) 5.7.1.2 The bedside sleeper 

accessory’s sleep surface tilts by more 

than 30 degrees. 

(ii) 5.8 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.’’ 

Dated: December 3, 2012. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission . 

[FR Doc. 2012–29583 Filed 12–7–12; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112 and 1225 

[CPSC Docket No. CPSC–2012–0068] 

RIN 3041–AD16 

Safety Standard for Hand-Held Infant 

Carriers 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Danny Keysar Child 

Product Safety Notification Act, Section 

104(b) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA) 

requires the United States Consumer 

Product Safety Commission 

(Commission, CPSC, or we) 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 

proposing a safety standard for 

handheld infant carriers in response to 

the direction under Section 104(b) of the 

CPSIA. The proposed rule would 

incorporate ASTM F2050–12 by 

reference, with two modifications. 

DATES: Submit comments by February 

25, 2013. 

ADDRESSES: Comments related to the 

Paperwork Reduction Act aspects of the 

marking, labeling, and instructional 

literature of the proposed rule should be 

directed to the Office of Information and 

Regulatory Affairs, OMB, Attn: CPSC 

Desk Officer, Fax: 202–395–6974, or 

emailed to mailed to: 

oira_submission@omb.eop.gov. 

Other comments, identified by Docket 

No. CPSC-2012-0068, may be submitted 

electronically or in writing: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

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