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Rules and Regulations Federal Register

2581 

Vol. 79, No. 10 

Wednesday, January 15, 2014 

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 ‘‘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 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 


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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 sixmonth-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 sideheight 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®) 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 fabricsided, bounded-opening performance 

requirement exemption currently 

granted to play yard bassinet 

accessories. The definition proposed 

was: ‘‘bedside sleeper accessory, n—an 


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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.’’ 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 


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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 fabricsided 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 


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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°-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 fullsize 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 


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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. 


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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 JPMAcertified 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 CPSCaccepted 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 


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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 multimode 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

16 CFR 

section 

Number of 

respondents 

Frequency of 

responses 

Total 

annual 

responses 

Hours per 

response 

Total 

burden 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 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 

‘‘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 


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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 

■ 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). 

■ 2. Amend § 1112.15 by adding 

paragraph (b)(35) to read as follows: 

§ 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. 

* * * * * 

■ 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 F2906–13, 

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; 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_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 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9653] 

RIN 1545–BL28 

Bond Premium Carryforward 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations that provide guidance on the 

tax treatment of a debt instrument with 

a bond premium carryforward in the 

holder’s final accrual period. The 

regulations in this document provide 

guidance to holders of Treasury 

securities and other debt instruments 

acquired at a premium. 

DATES: Effective Date: These regulations 

are effective on January 15, 2014. 

Applicability Date: For the date of 

applicability, see § 1.171–2(a)(4)(i)(C)(2). 

FOR FURTHER INFORMATION CONTACT: 

William E. Blanchard, (202) 317–3900 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

On January 4, 2013, the IRS and the 

Treasury Department published 

temporary regulations (TD 9609) in the 

Federal Register (78 FR 666) relating to 

the federal income tax treatment of a 

debt instrument with a bond premium 

carryforward in the holder’s final 

accrual period, including a Treasury bill 

acquired at a premium. See § 1.171–2T. 

On the same day, the IRS and the 

Treasury Department published a notice 

of proposed rulemaking (REG–140437– 

12) cross-referencing the temporary 

regulations in the Federal Register (78 

FR 687). No comments were received on 

the notice of proposed rulemaking. No 

public hearing was requested or held. 

The proposed regulations are adopted 

without substantive change by this 


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