Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Proposed Rules 22303

Dated: March 24, 2010 submitted by any of the following 110–314 (‘‘CPSIA’’) was enacted on Todd Stevenson, methods: August 14, 2008. Section 104(b) of the CPSIA requires the Commission to Secretary, U.S. Consumer Product Safety Electronic Submissions Commission. promulgate consumer product safety [FR Doc. 2010–6947 Filed 4–27–10; 8:45 am] Submit electronic comments in the standards for durable infant or toddler BILLING CODE 6355–01–P following way: products. These standards are to be Federal eRulemaking Portal: http:// ‘‘substantially the same as’’ applicable www.regulations.gov. Follow the voluntary standards or more stringent CONSUMER PRODUCT SAFETY instructions for submitting comments. than the voluntary standard if the COMMISSION To ensure timely processing of Commission concludes that more comments, the Commission is no longer stringent requirements would further 16 CFR Part 1218 accepting comments submitted by reduce the risk of injury associated with electronic mail (e-mail) except through [CPSC Docket No. CPSC–2010–0028] the product. In this document the http://www.regulations.gov. Commission proposes a safety standard Safety Standard for Bassinets and Written Submissions for bassinets and cradles. The proposed Cradles: Notice of Proposed Submit written submissions in the standard is more stringent in some Rulemaking following way: respects than the voluntary standard developed by ASTM International AGENCY: Consumer Product Safety Mail/Hand delivery/Courier (for (formerly the American Society for Commission. paper, disk, or CD–ROM submissions), preferably in five copies, to: Office of Testing and Materials), ASTM F 2194– ACTION: Notice of proposed rulemaking. ε1 the Secretary, Consumer Product Safety 07a , ‘‘Standard Consumer Safety SUMMARY: Section 104(b) of the Commission, Room 502, 4330 East-West Specification for Bassinets and Cradles.’’ Consumer Product Safety Improvement Highway, Bethesda, MD 20814; The proposed modifications, if Act of 2008 (‘‘CPSIA’’) requires the telephone (301) 504–7923. finalized, will further reduce the risk of United States Consumer Product Safety Instructions: All submissions received injury associated with bassinets and Commission (‘‘CPSC’’ or ‘‘Commission’’) must include the agency name and cradles. to promulgate consumer product safety docket number for this rulemaking. All B. The Product standards for durable infant or toddler comments received may be posted products. These standards are to be without change, including any personal A bassinet or cradle is a small bed for ‘‘substantially the same as’’ applicable identifiers, contact information, or other infants supported by free-standing legs, voluntary standards or more stringent personal information provided, to a wheeled base, a rocking base, or that than the voluntary standard if the http://www.regulations.gov. Do not can swing relative to a stationary base. Commission concludes that more submit confidential business A bassinet or cradle is not intended to stringent requirements would further information, trade secret information, or be used with children who are beyond reduce the risk of injury associated with other sensitive or protected information the age of approximately 5 months. the product. The Commission is electronically. Such information should Bassinet and cradle attachments for proposing a more stringent safety be submitted in writing. non-full-size cribs or play yards are standard for bassinets and cradles that Docket: For access to the docket to considered a part of this product will further reduce the risk of injury read background documents or category, as are bedside sleeper associated with these products. comments received, go to http:// bassinets that can be converted to a DATES: Written comments must be www.regulations.gov. four-sided bassinet not attached to a received by July 12, 2010. FOR FURTHER INFORMATION CONTACT: Han bed. ADDRESSES: Comments relating to the Lim, Project Manager, Directorate for Full-size cribs and infant swings are instructional literature and marking Engineering Sciences, Consumer not included under the definition of required by the proposed rule relating to Product Safety Commission, 4330 East- bassinet or cradle. Products used in the Paperwork Reduction Act should be West Highway, Bethesda, MD 20814; conjunction with infant swings or directed to the Office of Information and telephone (301) 504–7538; strollers or Moses baskets (hand- Regulatory Affairs, OMB, Attn: CPSC [email protected]. carrying baskets) are not included under Desk Officer, FAX: 202–395–6974, or SUPPLEMENTARY INFORMATION: the definition of bassinet or cradle. e-mailed to However, a Moses basket or a similar [email protected]. A. Background and Statutory Authority product used with infant swings or Other comments, identified by Docket The Consumer Product Safety strollers that can attach to a separate No. CPSC–2010–llll, may be Improvement Act of 2008, Public Law base which can convert it to a bassinet

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or cradle is considered a bassinet or for Disease Control and Prevention which sufficient information was cradle. (CDC) yields annual estimates of about available to describe the product failure While the current ASTM F 2194– 1.4 million bassinets, 333,000 cradles, modes or defects; (b) non-product- 07a ε1 standard does not explicitly state 596,000 portable play yards with related issues; (c) unknown issues that infant hammocks are within the bassinet attachments, and 749,000 full- (incidents that lacked specificity), (d) scope of the standard, the Juvenile size play yards with bassinet recalled product-related issues; and (e) Products Manufacturers Association, attachments. (The data collected for the miscellaneous other issues. (JPMA), historically has certified infant Baby Products Tracking Study does not a. Product-Related Issues. Eighty- hammocks under the bassinet/cradle represent an unbiased statistical seven of the 209 incidents, or standard. Two firms have hammocks sample.) This yields a total of approximately 42%, involved hardware certified by JPMA to the ASTM F approximately 3.1 million units sold per ε1 failures or design issues related to the 2194—07a standard. year. product. The reported problems are By nature of their design, most listed below, beginning with the most hammocks do not have a rigid sleep C. ASTM Voluntary Standard frequently reported problems: surface. The Commission believes that ASTM first approved and published • many of the current designs it has been the voluntary standard for bassinets and Inadequate structural integrity, studying result in uneven suspension of cradles in 2002 as ASTM F 2194, which included unstable bassinets or the product, which can cause the Standard Consumer Safety cradles, loose hardware, collapse of the hammock to tip to one side, trapping the Specification for Bassinets and Cradles. product, loose wheels, etc.; baby in a face down position and ASTM has revised the standard a • Locking or tilting issues with the increasing the risk of positional number of times since 2002, with the bassinets or cradles, which cause the asphyxia or suffocation. Because of this current version, ASTM F 2194–07a ε1, infant to roll or press up against the side hazard pattern, CPSC recently recalled published in November 2007. ASTM F or corner of the product, posing a an infant hammock. Since the sleeping 2194–07 ε1 contains requirements to suffocation hazard; environment of most hammocks differs address the following: • Problems with mattress flatness, from that of bassinets and cradles, the • Lead in paint; such as mattresses that would not Commission believes a separate • Hazardous sharp edges or points; remain horizontal because of metal rods standard for hammocks may be • Small parts; or other structures designed to be necessary. Most hammocks have • Wood parts; positioned underneath the mattress, mattresses that are flexible and conform • Scissoring, shearing, pinching; lack of rigid mattress support, and to the body contours of the infant, • Unintentional folding; failure of straps or hooks designed to whereas bassinets and cradles have flat • Openings; hold bassinets inside play yards. One mattresses with solid or fabric sides. In • Labeling; death was associated with a mattress a November 17, 2009 CPSC/ASTM • Fasteners; flatness issue; and teleconference, ASTM agreed to form a • Corner posts; • Problems with battery-powered subcommittee to develop requirements • Toy accessories; for a new hammock standard. Until a • bassinet mobiles which had components Bassinet/cradle attachments to play that overheated, smoked, or sparked. separate standard for hammocks is yards/non-full sized cribs; developed, the Commission believes it • Spacing of rigid sided bassinet/ b. Non-Product-Related Issues. Sixty is prudent to include hammocks under cradle components; of the 209 incident reports, or 29%, the proposed rule for bassinets and • Openings for mesh/fabric-sided were of deaths or injuries that could not cradles as an interim measure because bassinet/cradle; be attributed to a product defect or the proposed rule addresses the hazard • Static load; failure. Fifty-seven of the 60 incidents pattern which causes the infant to roll/ • Stability; were deaths where a determination of press up against the side or corner of the • Sleeping pad properties; and causation or association was product, posing a risk of positional • Protective components. complicated by the inappropriate use of asphyxia or suffocation. The JPMA operates a certification program pillows, blankets, or mattresses. Commission is aware that, by their to certify bassinets and cradles to the c. Unknown Issues. Twenty-six of the nature, most infant hammocks will voluntary standard. To obtain JPMA incidents, or 12%, had little or no likely be unable to meet the proposed certification, manufacturers submit their information. Twenty-five of these performance criteria of a 5° rest angle, ° ° products to an independent test reported a fall of the infant out of the 5 flatness angle, and a 20 maximum laboratory for conformance testing to the bassinet or cradle. rock/swing angle in this proposed most current voluntary standard. standard, and will thus be effectively d. Recalled Product-Related Issues. Currently, bassinets or cradles supplied banned. The Commission seeks There were 19 reports (9%) that by eight small manufacturers and four comment on whether such action is involved recalled products. Among small importers are JPMA certified to necessary given the risk of positional them were seven entrapments (three ASTM F 2194–07a ε1. asphyxia the rule attempts to address. deaths, two non-fatal injuries, and two The Commission may remove D. Incident Data non-injury incidents) between the metal hammocks from the scope of a rods of the bassinet. The remaining 12 1. Categories of Incidents bassinets/cradles standard in the future, reports were complaints or inquiries should ASTM develop an effective The CPSC Directorate for from consumers regarding a recalled voluntary standard for hammocks. The Epidemiology reports that there have product. Commission seeks information been 209 incidents related to bassinets e. Miscellaneous Other Issues. The regarding proposals for an infant and cradles since 2006, of which there remaining 17 incident reports involved hammock standard. were 61 fatalities, 38 non-fatal injuries, a host of miscellaneous problems, Applying American Baby Group and 110 non-injury incidents. The including a tear in the bassinet fabric, survey data from 2005 to the most incidents were grouped into five odors, and product assembly or quality recent U.S. birth data from the Centers categories: (a) Product-related issues, in issues.

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2. Deaths and Injuries All six non-fatal injuries were 2. Proposed Changes to the ASTM reported through the National Electronic Standard’s Requirements All 61 fatalities reported to CPSC staff Injury Surveillance System (‘‘NEISS’’). Consistent with section 104(b) of the were asphyxiation deaths. The majority Five of the injuries were reported to of deaths (57 out of 61) were CPSIA, the Commission, through this have been falls out of hammocks, while proposed rule, would establish a new 16 asphyxiations where the incident report the sixth injury was sustained when a noted the presence of soft or extra CFR part 1218, ‘‘Safety Standard for broken component of the hammock Bassinets and Cradles.’’ The new part bedding in the bassinet, prone struck the infant. Little or no placement of the infant, or the infant would incorporate by reference the circumstantial information is available getting wedged between the side of the requirements for bassinets and cradles on how the falls occurred, except that ε1 bassinet and mattress or bedding. Soft or in ASTM F 2194–07a with certain three of the six infants were eight extra bedding and the prone placement changes to specific provisions and months or older. of an infant are associated with infant additions to the standard, as discussed mortality from asphyxiation, Two of the five non-injury reports below. The proposed modifications and independent of any design hazard. A involved infants (a seven-month old and additions to the standard will further few were reported as asphyxiation a 12-month old) in near-strangulation reduce the risk of injury associated with deaths, with no further information incidents where the hammock flipped bassinets and cradles. Therefore, the over with the infants dangling from proposed rule would adopt ASTM F available. Only four of these deaths ε1 were determined to have resulted from restraints. The remaining three reports 2194–07a as the mandatory safety design flaws of the product. Three of the involved near-suffocation incidents standard for bassinets and cradles with four deaths were due to entrapment of where the infant rolled into a position the following additions and the infant between the metal bars of a from which it was unable to move or modifications: • particular brand of bassinet. Of those free itself. All three infants were under Specify in the scope that the three deaths, two of the three infants five months of age. standard is a performance specification were six months old and should not for bassinets and cradles and that the E. Assessment of Voluntary Standard have been using the bassinet or cradle intended use is for infants who are not ASTM F 2194–07a ε1 and Description of because by definition they are only for able to push up on their hands and Proposed Changes and the Proposed use up to five months. The fourth death knees; Rule • resulted from an infant suffocating in Add terminology that defines what the corner of the bassinet when he 1. Assessment of Voluntary Standard constitutes a bassinet or cradle; • Add a performance requirement rolled into that position due to the ASTM F 2194–07a ε1 unlevel mattress pad. and test procedure for maximum Section 104(b) of the CPSIA requires allowable rocking angle, maximum Thirty-eight incidents reported an the Commission to assess the allowable rest angle of the sleep surface, injury to an infant. Twenty-three out of and maximum allowable flatness angle; the 38 incidents, or 61%, were effectiveness of the voluntary standard in consultation with representatives of • Add a performance requirement identified as falls out of the bassinets. and test procedure for fabric-sided Serious injuries included a skull consumer groups, juvenile product manufacturers, and other experts. This bassinets and cradles; fracture resulting from an infant falling • consultation process began in October Add a performance requirement out of the bassinet due to non-level and test procedure for locking mattress issues, an arm fracture 2009 during the ASTM International subcommittee meeting regarding the mechanisms intended to prevent resulting from a fall due to problems rocking or swinging cradles from with a bassinet’s rocking feature, and a ASTM bassinet and cradle voluntary standard. Consultations with members rocking or swinging the mattress bed; second-degree burn resulting from the • Add updated warnings to address bassinet’s overheated mobile. The of this subcommittee are still ongoing. ε1 proper use of bedding materials by remaining injuries were mostly limited ASTM F 2194–07a contains several providing more emphasis and to contusions and abrasions. labeling and performance criteria. The prominence to the warnings; and standard addresses many of the same 3. Hammock Incidents • Exclude strap restraints in bassinets hazards associated with other durable and cradles. The Commission is aware of three nursery products and includes Following is a more detailed fatalities, six non-fatal injuries, and five requirements for tip stability, discussion of these additions and non-injury incidents related to infant unintentional folding of the product, modifications. To best understand the hammocks that were reported to have lead in paints, sharp edges/sharp points, proposed standard, it is helpful to view occurred since 2006. All three fatalities small parts, wood part splinters, the current ASTM F 2194–07a ε1 reported to CPSC were asphyxiation scissoring/shearing/pinching, openings/ standard for bassinets and cradles and deaths. One five-month old infant was entrapments, warning labels, and toys the Commission’s proposed found rolled into a corner in a prone (which includes battery-powered modifications along with the position with the bed in an inclined mobiles). The Commission believes that explanations provided in section E.2 of position. A four-month old infant was updates and modifications in certain the preamble. The ASTM standard is found with her face flat against the foam areas also may address the hazards available for viewing for this purpose mattress. In the third case, the medical described in the incident data, such as during the comment period through this examiner reporting the fatality suffocation due to mattress tilting, link: http://www.astm.org/cpsc.htm. expressed concern about the safety of placing of inappropriate bedding the hammock as a sleeping materials (e.g., pillows, additional a. Scope (Proposed § 1218.2(b)(1)(i)) environment. However, the death of the blankets, etc.), and entrapment in the Bassinets and cradles should only be six-month old infant, who was found in frame structure. While overheating of used in the early stages of an infant’s a prone position, was officially ruled to battery-powered mobiles was identified development. Once an infant can push be asphyxiation due to respiratory in the incidents, those incidents were up by him/herself, a number of hazards infection. isolated to one company. are created, most notably falling

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hazards. Thus, the proposed rule would proposing to adopt the same definition trapped between the bassinet and side add objective criteria of an infant as used in the voluntary ASTM high of the play yard. capable of pushing up on hands and chair standard F 404–08. Specifically, To ensure a level sleeping knees to the scope of the standard to the proposed rule would define a environment for infants, the proposal clarify which products would be double action release mechanism as a would establish a performance considered bassinets or cradles. The ‘‘mechanism requiring either two requirement and test method for the proposed rule also would clarify that consecutive actions, the first of which maximum allowable rock/swing angle the bassinet or cradle should be used must be maintained while the second is and maximum allowable rest angle of only for infants up to approximately five carried out or two separate and the bassinet/cradle. CPSC staff worked months of age. independent single action locking with ASTM to develop these mechanisms that must be activated performance requirements and test b. Newborn Infant CAMI Dummy simultaneously to fully release.’’ procedures to reduce potential (Proposed § 1218.2(b)(2)(i)) suffocations and entrapments. The 20ß Because the proposed standard would f. Removable Cover (Proposed maximum rock/swing angle require testing with a 7 pound Newborn § 1218.2(b)(5)(ii)) recommendation is based on the CAMI Dummy in the Rock/Swing Angle Because the term removable cover is Canadian regulation for cribs and test and the Bassinet/Cradle Flatness referenced in the test procedure for cradles (SOR 86–962, available in its Angle test, proposed § 1218.2(b)(2) evaluating possible scenarios of entirety at http://www.canlii.org/en/ca/ would provide this reference and a entrapment hazards from bounded areas laws/regu/sor-86-962/latest/sor-86- photograph. of fabric and rigid sides of a bassinet or 962.html), as well as on observations cradle in proposed § 1218.2(b)(11)(iii), and measurements made by the c. Definition of Bassinet/Cradle the proposed rule would add a Commission on recent model bassinets (Proposed § 1218.2(b)(3)(i)) definition of ‘‘removable cover’’ to the and cradles. The Canadian crib and Proposed § 1218.2(b)(3)(i) would standard. cradle regulation is a widely accepted improve the definition of bassinet/ g. Maximum Deflection Angle and Rest standard. The Commission believes the cradle by identifying the products that ° Angle (Proposed § 1218.2(b)(5)(iii), 20 limit included in the Canadian are excluded from the standard. The 1218.2(b)(5)(iv), 1218.2(b)(10), and regulation allows sufficient rocking/ updated definition would clarify that 1218.2(b)(11)) swinging motion while maintaining full-size and non-full size cribs are not safety. The 5° recommendation for the covered. Also, because a bassinet or When a bassinet or cradle is not in a mattress rest angle is based on cradle is defined as a product that must swinging or rocking mode, it needs to be conclusions from the Australian study, be supported by a base, hand-carrying level to facilitate a safe sleeping ‘‘The Danger of Freely Rocking Cradles,’’ baskets would not be covered. environment for infants. There was one by S.M. Beal et al., Journal of Pediatric death and several close calls associated Child Health (1995) and the d. Bassinet/Cradle Accessory (Proposed with non-level bassinets/cradles. performance requirements from AS/NZS § 1218.2(b)(4)(i)) According to an in-depth investigation 4385:1996 the Australian/New Zealand The proposal would update the (IDI) report, a two month old male died standard for infant’s rocking cradles. definition of a bassinet/cradle accessory in a bassinet portion of a play yard. The The conclusions from the Australian to avoid confusion with accessories that infant rolled, causing his face to be study suggest that a maximum 5° rest can attach to products that are not placed in the corner of the bassinet. One angle from rocking cradles could intended exclusively for sleep, such as side was approximately five inches minimize the risk of an infant rolling strollers. higher than the other. The metal poles and getting trapped in a corner or other upon which the bassinet was seated e. Double Action Release Mechanism entrapment/asphyxiation scenario. The were too short to keep the sleep surface Commission seeks comment on the (Proposed § 1218.2(b)(5)(i)) level. In one non-fatal incident, a ε Australian study and any other Section 5.6.3 of ASTM F 2194–07a– 1 mother found her two-week old male literature that may be relevant to the requires that products with a ‘‘double infant with his face against the mattress, recommendation on the mattress rest action release mechanism’’ latching or covering his nose and mouth after he angle. locking device require two distinct and had slid down the side of the mattress. The test method for the maximum separate actions for release of the The product involved was a play yard- allowable rock/swing angle and rest mechanism. The voluntary standard swinging bassinet combination. The IDI angle performance requirements, the does not define ‘‘double action release report states that the locking mechanism ‘‘Rock/Swing Angle test,’’ is found in mechanism.’’ The Commission has to prevent the swinging motion proposed § 1218.2(b)(11)(i). The test observed various multi-use products disengaged when the mother placed her method is based on the procedure that can convert from a rocking bassinet son in the product. The infant was not developed by the Task Group of the to a stationary one. During this injured, and the mother returned the ASTM subcommittee for bassinets and conversion, there are dual-action product to the store. In another non-fatal cradles, with specific changes proposed locking mechanisms that require incident, a mother found her five- by the Commission. CPSC test data have rotating pop-out casters and then month-old daughter in a bassinet-play shown that some products have better engaging a ‘‘tab’’-lock to prevent the yard combination asleep up against the angle measurement results (i.e., a less casters from rolling. Despite back side of the bassinet portion. The steep angle) with the Newborn CAMI appearances, such dual-action locking infant was not injured when the strap Dummy, and others get better results mechanisms are not double action holding the bassinet insert to the side of with the CAMI Dummy, Mark II. Thus, release mechanisms. To avoid confusion her play yard ripped, causing the the proposal would require that the in what constitutes a double action bassinet to tip sideways. The testing be done with the Newborn Infant release mechanism and to ensure that photographs from the IDI report showed CAMI Dummy, in addition to the CAMI the locking mechanism works as the bassinet sleep surface at a Dummy, Mark II. Test data also showed intended in resisting collapse and/or substantial angle when the strap failure that the placement of the dummy in the movement, the Commission is occurred. The infant could have been sleep surface can affect the results. For

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example, placing the dummy next to the could contribute to a possible utilizing bassinets or cradles and cribs. wall in a rocking cradle may produce an strangulation hazard. Therefore, While the ASTM committee initially angle that is more severe compared to proposed § 1218.2(b)(7)(i) would add proposed a 35 lb force for the probe test, placing the dummy in the center. language to the standard to clarify that the Commission believes that 20 lbs Therefore, the proposed procedures bassinets should not include any appears to be consistent with the crib would describe how the dummy should restraint system that requires action on standard (16 CFR Part 1509.6) and is be placed in the sleep surface. The the part of the caregiver to secure the more realistic for infants in the age proposed rule would also provide restraint. range of less than five months. ASTM specific angle measurement procedures. k. Spacing of Rigid and Fabric-Sided subcommittee for bassinets and cradles, Finally, because some products can Bassinet/Cradle Components (Proposed with CPSC staff’s input, developed the swing along the head-to-toe axis, the § 1218.2(b)(8), 1218.2(b)(10)(iii) and proposed test procedures. proposed rule would require such 1218.2(b)(11)(iii)) products to be tested in that direction as k. Stability (Proposed § 1218.2(b)(9)(i)) well. Seven incidents (among them three Because at least three of the 87 deaths) involved recalled products product-related incidents involved a h. Flatness Angle (Proposed where infants were trapped between locking mechanism failure or § 1218.2(b)(5)(v), 1218.2(b)(10)(ii), and structural members of the bassinet. malfunction, proposed rule 1218.2(b)(11)(ii) Bassinets and cradles with fabric sides § 1218.2(b)(9)(i) would include test Incidents involving bassinet/play yard can present similar entrapment hazards scenarios where the bassinet or cradle is combinations suggest that a sloped from bounded areas of fabric and rigid tested with the locking mechanism(s) surface or a mattress with multiple sides of a bassinet or cradle. ASTM F engaged if it is equipped with a locking ε seams (mattresses that double as a play 2194—07a 1 contains performance mechanism to prevent swinging or yard cover) may have the potential for requirements and test methods for the rocking. This requirement would ensure an asphyxia suffocation hazard, as an spacing of rigid sided bassinet and the stability of the product in modes infant’s head may become entrapped cradle components, intended to where the locks are engaged to prevent between the sloped mattress and minimize torso and/or head swinging or rocking. bassinet wall surface. Proposed entrapments. Because similar hazards § 1218.2(b)(10)(ii) would require that the are presented by fabric-sided bassinets l. Marking and Labeling Section angle of the bassinet or cradle sleeping and cradles, the proposed rule would (Proposed §§ 1218.2(b)(12) Through support surface not be greater than 5° include performance requirements and (b)(14)) when tested in accordance with the test test methods for fabric-sided bassinets Because many deaths and non-fatal procedures in proposed and cradles as well. For some types of incidents involve suffocation due to § 1218.2(b)(11)(ii). This is to ensure that bassinets or cradles with fabric caregivers and parents using bedding the mattress does not deform and create removable covers, it is foreseeable that materials (such as pillows and blankets) a depression, sloped surface, or an a parent or caregiver will place fabric that are not specified by the appreciable gap between a bassinet wall back loosely onto a bassinet or cradle manufacturer, and because these surface and the mattress. after washing and forget to fasten the incidents cannot be addressed by the Proposed § 1218.2(b)(11)(ii) includes snaps, zippers, or other fasteners. If the design of the bassinet or cradle, it is testing with the CAMI Infant Dummy, fabric should slip and separate from the imperative to improve the warning Mark II and the Newborn CAMI structural members of the bassinet/ labels regarding padding and soft Dummy. The test is intended to ensure cradle wall, an infant’s torso may bedding in the standard. Consequently, that the sleep surface of the bassinet or become entrapped between two proposed §§ 1218.2(b)(12) through (14) cradle is flat and will not tilt when structural members of a bassinet/cradle. would require certain warning either CAMI dummy is placed in a Also, it is possible that an infant can statements or labeling information corner or edge of the sleeping surface. suffocate if he or she is trapped in a regarding a suffocation hazard. A dynamic test, which is a force applied bounded area between structural F. Request for Comments over a relatively short period of time, is members and fabric. Thus, the proposed needed because it will simulate children rule would require testing in this This proposed rule begins a turning themselves over in the mattress configuration, i.e., where the fabric rulemaking proceeding under section bed area, particularly in a bassinet/play cover is placed loosely on the bassinet 104(b) of the CPSIA to issue a consumer yard combination product with multiple or cradle but is unfastened, as well. product safety standard for bassinets segmented seams. The test method for this performance and cradles. We invite all interested requirement is found in proposed persons to submit comments on any i. Testing equipment (Proposed § 1218.2(b)(11)(iii). Proposed aspect of the proposed rule. Comments § 1218.2(b)(6)) § 1218.2(b)(11)(iii) would require that should be submitted in accordance with In the standardization and calibration fabric-sided bassinets or cradles comply the instructions in the ADDRESSES section, proposed § 1218.2(b)(6) would with the crib spacing requirements in 16 section at the beginning of this notice. specify the type of angle instrument and CFR Part 1509.4 when subjected to the G. Effective Date its measurement resolution to minimize 20 pound (lb) probe test. The fabric angle measurement variability. Also, must not fully release and form a The Administrative Procedure Act proposed § 1218.2(b)(6) would specify completely bounded opening which (‘‘APA’’) generally requires that the the tolerance and calibration interval for would allow complete passage of the effective date of a rule be at least 30 the force gauge required on several torso test probe. The bassinets and days after publication of the final rule. performance tests to minimize force cradles must comply both when the 5 U.S.C. 553(d). To allow time for measurement variability. fabric cover is fastened and when it is bassinets and cradles to come into unfastened. The Commission believes it compliance, the Commission intends j. Restraints (Proposed § 1218.2(b)(7)(i)) is reasonable to use the crib spacing that the standard would become Infants lying on a flat surface do not requirements in 16 CFR Part 1509.4, effective six months after publication of need restraints and the use of restraints given that infants of similar ages are a final rule. The Commission seeks

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comment on how long it would take the firms supplying infant hammocks to suffocation warnings, would only manufacturers of bassinets and cradles the United States market are believed to require changes to instructional to come into compliance with the rule. be small. Two of these small firms are literature and packaging. The domestic manufacturers, four are clarifications to what is included and H. Regulatory Flexibility Act domestic importers, six are foreign excluded from the definition of the The Regulatory Flexibility Act firms, and one is an unknown domestic product would effectively eliminate (‘‘RFA’’) generally requires that agencies firm. There are probably additional some products from the scope of the review proposed rules for their potential unknown small manufacturers and proposed standard. This would exclude economic impact on small entities, importers operating in the United States some firms from compliance including small businesses. 5 U.S.C. market. requirements entirely, while reducing 603. JPMA, the major United States trade the number of products for others. As 1. The Market association that represents juvenile discussed herein, however, the product manufacturers and importers, inclusion of infant hammocks will have Bassinets and cradles are typically operates a voluntary certification a substantial effect on many of these produced and/or marketed by juvenile program for several juvenile products. suppliers. The possible need to product manufacturers and distributors. Products voluntarily submitted by eliminate product restraints would only There are currently at least 48 known manufacturers are tested against the affect a few firms and the impact would manufacturers or importers supplying appropriate ASTM standard and only be minimal. (It is possible that the lack bassinets and/or cradles to the United passing products are allowed to display of restraints could reduce product States market. (These counts also JPMA’s Certification Seal. (See http:// desirability from the consumer’s include firms solely producing www.jpma.org/pdfs/certfacts08.pdf for perspective. However, this effect would hammocks for infants as well. However, more information.) Approximately 33 be felt equally across all firms and is not under the standard proposed by the percent of firms supply bassinets/ expected to cause a significant Commission, most hammock products cradles to the United States market that reduction in demand for these products will no longer be able to conform. have been JPMA certified as compliant as a whole. The Commission believes ASTM has started working on a new with the current ASTM voluntary that restraints are unnecessary for standard to cover these products.) Nine standard (16 firms). Two of these firms infants who are lying on a flat surface firms (19 percent) are domestic supply more than one relevant product and could pose a strangulation hazard.) importers, 28 firms (58 percent) are category, where one category of Double action release mechanisms are domestic manufacturers, and 10 firms products is JPMA certified and another typically used with multi-use products (21 percent) are foreign manufacturers. is not. (For example, one firm has JPMA to convert a rocking bassinet to a There is an additional domestic firm certified bassinets, but its play yards are stationary one. The expansion of locking whose status as a manufacturer or not JPMA certified.) Additionally, one and latching mechanism tests to cover importer could not be determined. firm claims compliance although its double action release mechanisms, as Thirteen firms, including the firm products have not been certified by well as the addition of stability testing whose means of supply could not be JPMA, and one firm has recently had its with these locks engaged, are intended determined, supply infant hammocks to product removed from JPMA’s list of to resist collapsing or movement. There the United States market. (There is an certified products. Of the small have been several cases where locking additional hammock on the United domestic businesses (this includes firms mechanisms have failed which caused States market whose supplier could not suspected of being small as well those the infant to roll and press up against be determined, as well as a small cottage known to be small), 38 percent of the side or corner of the product, posing industry in knitted and crocheted infant manufacturers (nine of 24 firms) and 44 a suffocation hazard. (See Memorandum hammocks.) The product lines for seven percent of importers (four of nine firms) from Risana Chowdhury, EPI, of these firms rely primarily or entirely have products that are ASTM Directorate for Epidemiology, dated on infant hammocks and related compliant. This includes the small February 3, 2010, Subject: Bassinets, merchandise. (These determinations manufacturer that claims compliance Cradles, and Infant Hammocks-Related were made using information from Dun with the ASTM standard, but is not part Deaths, Injuries and Potential Injuries; & Bradstreet and ReferenceUSAGov, as of the JPMA Certification Program, as 2006–Present. It should be noted that it well as firm Web sites. Manufacturers well as the firms with only some is unclear how many of these lock include traditional manufacturers, as product categories JPMA certified. (It failures were double action release well as firms that send out their designs should be noted that non-JPMA certified mechanisms.) This modification is not to be manufactured, and firms that products will not necessarily fail to expected to pose a substantial burden import as well but are primarily comply with the ASTM standard. on firms. However, it is possible that a manufacturers.) Although there is currently no testing to few firms might have to make product Under Small Business Administration support such an assumption for modifications to comply. This would (SBA) guidelines, a manufacturer of bassinets and cradles, testing of other most likely take the form of improved bassinets or cradles is small if it has 500 products has revealed a pattern of non- locking/latching mechanisms. or fewer employees, and an importer is correlation.) Expanding spacing requirements to considered small if it has 100 or fewer openings in soft-sided products could employees. Based on these guidelines, 2. Compliance Requirements of the have a substantial effect on a small 22 of the domestic manufacturers and Proposed Rule number of firms. Where products cannot five of the domestic importers known to Several of the recommended pass the new requirements, substantial be supplying the United States market modifications and new requirements to modifications and product are small. The sizes of the four the standard would be little to no redevelopment are likely. However, the remaining domestic importers and two burden on manufacturers or importers. Commission believes that the severity of additional domestic manufacturers are The developmental limit modification the incidents involving these types of unknown, but they are likely to be small (limiting the product use to when a products and the recalls that resulted as well, as is the firm whose supply child is able to push up on hands or strongly support adding this source could not be determined. All of knees), as well as the changes to requirement to the proposed standard.

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There are currently no maximum though it would be possible to entirely on bassinets/cradles and related requirements for rocking or rest angles inexpensively modify their products to products, such as bedding. on products intended to rock or swing. meet both the rock/rest angle and sleep The impact on most of the nine firms Tilting issues have resulted in surface angle requirements, such that comply with the current voluntary suffocation hazards similar to those of modifications would change their standard is expected to be less locking mechanism failures. It is products too extensively to remain in substantial. The majority of believed that adding maximum angle the market. A niche market exists modifications recommended by the requirements to the proposed standard among parents with colicky babies for Commission are expected to have only could reduce future incidents, while hammocks that curve around babies’ minor effects on small manufacturers. affecting only a small number of firms. bodies and rock naturally. The There are, however, three recommended The fact that these requirements are suppliers, both manufacturers and changes (rocking/rest angles, sleep already a part of non-United States importers, are unlikely to make even surface angle, and spacing requirements safety standards indicates that inexpensive modifications to meet the for soft-sided products) that could compliance has not proven difficult. requirements as proposed. Any known require product modifications. While However, it is possible that a few firms fix would eliminate their niche market, these requirements may affect only a might require product modifications to thereby eliminating demand for their few firms, they may require product achieve compliance with these new products, and may drive them out of redevelopment, which has the potential requirements. business. to impose unknown but substantial, The maximum sleep surface angle costs. The Commission seeks comment requirement and test is primarily aimed 3. Impact of the Proposal on Small on the cost associated with these at incidents involving bassinet/play Business product modifications. yard combination products. These There are approximately 48 firms Even though the proposed standard incidents suggest that products with currently known to be marketing could potentially affect a few small sloped surfaces or mattresses with bassinets, cradles, and/or infant firms significantly, the costs associated multiple seams could pose a suffocation hammocks in the United States. Four with compliance could be gradually hazard. (See Memorandum from Han are large domestic manufacturers and recouped over the sales of numerous units. Bassinets and cradles are unique Lim, ESME, Directorate for Engineering ten are foreign manufacturers or products designed to provide a sleeping Sciences, dated February 16, 2010, importers. The impact on the remaining environment for very young children Subject: Engineering Assessment of 34 small firms—24 small domestic ε1 that is smaller and more like the womb. ASTM F 2194–07 a , Standard manufacturers and 9 small domestic Therefore, other sleeping products are Consumer Safety Specification for importers (one of these firms produces unlikely to be suitable substitutes for Bassinets and Cradles; see also only hammocks, while another these products, allowing firms to pass at Memorandum from Risana Chowdhury, produces both hammocks and least some costs on to consumers and to EPI, Directorate for Epidemiology, dated bassinets)—is the focus of the remainder February 3, 2010, Subject: Bassinets, still compete effectively. (There is also of this analysis. Of these small firms, Cradles and Infant Hammocks-Related the possibility, however, that some two domestic manufacturers and four Deaths, Injuries and Potential Injuries; consumers may instead use unsuitable domestic importers (as well as the 2006–Present.) There are numerous sleeping environments, such as unknown domestic firm) supply infant such combination products on the bouncers, as substitutes.) hammocks. market, but only a few known suppliers; The scenario just described assumes therefore, this requirement could Small Manufacturers (Other than that only those firms that are JPMA- require product modifications (and Infant Hammock Manufacturers). The certified or claim ASTM compliance possibly product redesign) by a few impact of the proposed standard (if will meet the voluntary standard’s firms. finalized) on small manufacturers will requirements. This is not necessarily the The rock/rest angles and sleep surface differ based on whether they are case. CPSC has identified many cases angles are likely to disproportionately currently compliant with the voluntary where products not certified by JPMA affect most of the thirteen infant ASTM standard. For the 15 firms that do comply with the relevant ASTM hammock suppliers. Infant hammocks are not complaint with the current standard; however, there is insufficient typically hang from a standing base and voluntary standard, the proposed evidence of this for bassinets/cradles to rock naturally. Most have sleep surfaces standard could have substantial impact quantify this impact. Additionally, the that curve, molding to an infant’s body. because their products would most effect of the new and modified However, two infant hammock likely have to be redesigned. Product requirements may be less substantial suppliers have flat sleep surfaces. These development costs include product than just outlined to the extent that two firms are not expected to require design, development and marketing staff some products may already comply further modifications to comply with time, product testing, and focus group with non-United States standards with the recommended sleep surface angle expenses. These costs can be high, but some more rigorous requirements. For requirement, and it is likely that they they can be treated as new product example, a product that complies with will be able to meet the rock/rest angle expenses and amortized over time, as the Australian standard would pass the requirements inexpensively, with can other one-time costs such as the proposed rock angle requirement. known fixes running no more than $5 retooling of manufacturing equipment. However, there is insufficient per unit. For example, they could add There also may be increased costs of information to quantify this effect. a clipping mechanism that has been production, particularly if modifications Small Importers (Other than Infant recently developed to limit the swing to structural integrity are required, Hammock Importers). Four of the nine angle for hammocks involved in product which could include additional raw small importers are compliant with the recalls. Alternatively, they may be able materials. This could potentially current voluntary standard. Two of to change the number and placement of increase shipping costs as well. The these compliant importers supply infant the ties from which the hammock hangs. actual cost of such an effort is unknown, hammocks exclusively. Of the For the remaining eleven firms but could be substantial for some firms, remaining five non-compliant supplying infant hammocks, even particularly those that rely primarily or importers, two supply infant hammocks

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exclusively. Therefore, if their existing likely to have a substantial effect on its passed on to the consumer, and how supplier does not come into compliance sales revenue. The Commission seeks these costs will impact small with the proposed standard, these firms comment on the effect of the proposed businesses. will need to find an alternate source of modifications to the standard on small The small firms likely to be most bassinets and cradles. Manufacturers are hammock manufacturers and importers. significantly impacted by the staff- likely to pass at least some costs onto 3. Alternatives. Under section 104 of recommended rule, however, are those importers, making the bassinets/cradles the CPSIA, the primary alternative that supplying infant hammocks intended more expensive. (These products would would reduce the impact on small for colicky babies. The majority of these also be expected to be higher quality entities is to make the voluntary firms have focused their entire product given the additional safety standard mandatory with no additions line on these goods and the required requirements.) However, importers can or modifications. Adopting the current modifications would eliminate demand follow suit, passing some costs on to voluntary standard without any changes for their products, and may drive them consumers. Even if importers responded could potentially reduce the costs for out of business. to the rule by discontinuing the import nine of the 24 small manufacturers and of their non-complying bassinets and four of the nine small importers who I. Environmental Considerations cradles, either replacing them with a already comply with the voluntary The Commission’s regulations complying product or another juvenile standard. However, the actual reduction provide a categorical exemption for the product, deciding to import an in impact for these firms is likely to be Commission’s rules from any alternative product would be a smaller, since many would likely not requirement to prepare an reasonable and realistic way to offset require substantial changes even under environmental assessment or an any lost revenue given that most import the proposed standard. For the six small environmental impact statement as they a variety of products. To the extent that domestic firms supplying infant ‘‘have little or no potential for affecting some firms may comply with the hammocks to the United States market, the human environment.’’ 16 CFR current voluntary standard or one or making the current voluntary standard 1021.5(c)(2). This proposed rule falls more of the new/modified requirements mandatory with no modifications would within the categorical exemption. in the proposed standard, the impact of substantially reduce the impact. It J. Paperwork Reduction Act the proposed rule would be lower. would be likely to prevent five firms from going out of business, while the Small Hammock Manufacturers and This proposed rule contains sixth might be spared a substantial information collection requirements that Importers. The impact of the proposed decrease in sales revenue. It also should standard on small hammock are subject to public comment and be noted that eliminating the market for review by the Office of Management and manufacturers and importers depends potentially hazardous infant hammocks primarily on two factors: (1) Whether Budget (OMB) under the Paperwork intended to lull colicky babies may have Reduction Act of 1995 (44 U.S.C. 3501– their hammocks have a flat sleep the unintended consequence of leading surface; and (2) whether their product 3520). We describe the provisions in caregivers to use similar products this section of the document with an line consists (primarily or entirely) of intended for older children instead, infant hammocks and related products. estimate of the annual reporting burden. thereby creating a potentially new Our estimate includes the time for If a supplier’s hammocks already have hazard. a flat sleep surface (as is the case with reviewing instructions, searching one known small domestic 4. Conclusion of Initial Regulatory existing data sources, gathering and manufacturer), it is likely that it will Flexibility Analysis maintaining the data needed, and modify its existing infant hammocks. It is possible that the proposed completing and reviewing each This modification can be made standard, if finalized, could have a collection of information. inexpensively based upon a recent significant impact on a few small firms. We particularly invite comments on: product recall fix that minimized the Most firms supplying bassinets and/or (1) Whether the collection of rock/rest angle of these types of cradles to the United States market are information is necessary for the proper products. (The known fixes are unlikely not JPMA-certified as compliant with performance of the CPSC’s functions, to cost more than $5 per unit.) However, ASTM’s voluntary standard and may including whether the information will the remaining small infant hammock therefore require at least some product have practical utility; (2) the accuracy of suppliers, both manufacturers and modifications to achieve compliance. the CPSC’s estimate of the burden of the importers, are unlikely to make even (To the extent that some of the products proposed collection of information, inexpensive modifications to meet the not certified by JPMA may still comply, including the validity of the proposed requirements. Doing so would the impact will be reduced.) For these methodology and assumptions used; (3) eliminate their niche market for firms, as well as a few of those who are ways to enhance the quality, utility, and naturally-rocking, flexible-sleep-surface JPMA-certified, additional changes to clarity of the information to be products intended to calm colicky meet the more significant recommended collected; and (4) ways to minimize the babies. Among the six small domestic requirements of the proposed standard burden of the collection of information firms supplying this niche market, four may be required as well. The extent of on respondents, including through the small importers and one unknown firm these costs is unknown, but since use of automated collection techniques, rely entirely (or almost entirely) upon product redevelopment would likely be when appropriate, and other forms of infant hammocks and related products. necessary, it is possible that the costs information technology. Therefore, the proposed rule, if could be large for some of the firms. Title: Safety Standard for Bassinets finalized, may be likely to put these However, at least some of these costs are and Cradles. firms out of business. The remaining expected to be passed on to consumers Description: The proposed rule would small domestic manufacturer, however, without a reduction in the firms’ ability require each bassinet and cradle to does supply other products, and the to compete due to the unique features comply with ASTM F 2194–07a ε1, likely elimination of infant hammocks associated with these products. The ‘‘Standard Consumer Safety from its product line is not expected to Commission seeks comment on what Specification for Bassinets and Cradles.’’ drive it out of business, although it is these costs may be, whether they may be Sections 8 and 9 of ASTM F 2194–07aε1

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contain requirements for marking and Description of Respondents: Persons We estimate the burden of this instructional literature. who manufacture bassinets and cradles. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

Number of Frequency of Total annual Hours per Total burden 16 CFR section respondents responses responses response hours

1218.2(a) ...... 30 7 30 0.5 105

There are no capital costs or operating Commission recommended labeling applies to a product, no State or and maintenance costs associated with requirements is approximately $2,917 political subdivision of a State may this collection of information. ($27.78 per hour × 105 hours = either establish or continue in effect a Our estimates are based on the $2,916.90, which we have rounded up requirement dealing with the same risk following: to $2,917). of injury unless the State requirement is Proposed § 1218.2(a) would require Section 9.1 of ASTM F 2194–07a ε1 identical to the Federal standard. each bassinet and cradle to comply with requires instructions to be supplied (Section 26(c) of the CPSA also provides ASTM F 2194–07a ε1. Sections 8 and 9 with the product. Bassinets and cradles that States or political subdivisions of of ASTM F 2194–07a ε1 contain are products that generally require some States may apply to the Commission for requirements for marking and installation and maintenance, and an exemption from this preemption instructional literature that are products sold without such information under certain circumstances.) Section disclosure requirements, thus falling would not be able to successfully 104(b) of the CPSIA refers to the rules within the definition of ‘‘collections of compete with products supplying this to be issued under that section as information’’ at 5 CFR 1320.3(c). information. Under OMB’s regulations ‘‘consumer product safety rules,’’ thus Section 8.1.1 of ASTM F 2194–07aε1 (5 CFR 1320.3(b)(2)), the time, effort, implying that the preemptive effect of requires that the name and either the and financial resources necessary to section 26(a) of the CPSA would apply. place of business (city, State, and comply with a collection of information Furthermore, in Natural Resources mailing address, including zip code) or that would be incurred by persons in Defense Council v. CPSC, 597 F. Supp. telephone number, or both of the the ‘‘normal course of their activities’’ 2d 370 (S.D. NY 2009), the court held manufacturer, distributor, or seller be are excluded from a burden estimate that ‘‘[d]esignating the phthalate clearly and legibly marked on each where an agency demonstrates that the prohibitions [in section 108 of the product and its retail package. Section disclosure activities needed to comply CPSIA] as consumer product safety 8.1.2 of ASTM F 2194–07a ε1 requires are ‘‘usual and customary.’’ Therefore, standards brings them within a well that a code mark or other means that because the CPSC is unaware of established statutory preemption identifies the date (month and year as a bassinets and cradles that: (a) Generally scheme [of section 26(a) of the CPSA].’’ minimum) of manufacture’’ be clearly require some installation, but (b) lack Therefore, a rule issued under section and legibly marked on ‘‘each product any instructions to the user about such 104 of the CPSIA will invoke the and its retail package. In both cases, the installation, we tentatively estimate that preemptive effect of section 26(a) of the information must be placed on both the there are no burden hours associated CPSA when it becomes effective. product and the retail package. with the instruction requirement in L. Certification There are 48 known firms supplying section 9.1 of ASTM F 2194–07a ε1 bassinets and/or cradles to the United because any burden associated with Section 14(a) of the Consumer States market. Eighteen of the 48 firms supplying instructions with a bassinet Product Safety Act (‘‘CPSA’’) imposes are known to already produce labels or cradle would be ‘‘usual and the requirement that products subject to that comply with sections 8.1.1 and customary’’ and not within the a consumer product safety rule under 8.1.2 of the standard, so there would be definition of ‘‘burden’’ under OMB’s the CPSA, or to a similar rule, ban, no additional burden on these firms. regulations. standard, or regulation under any other The remaining 30 firms are assumed to Based on this analysis, the act enforced by the Commission, be already use labels on both their requirements of the Commission- certified as complying with all products and their packaging, but would recommended bassinet and cradle rule applicable CPSC-enforced requirements. need to make some modifications to would impose a burden to industry of 15 U.S.C. 2063(a). Such certification their existing labels. The estimated time 105 hours at a cost of $2,917 annually. must be based on a test of each product required to make these modification is In compliance with the Paperwork or on a reasonable testing program or, about 30 minutes per model. Each of Reduction Act of 1995 (44 U.S.C. for children’s products, on tests on a these firms supplies an average of 7 3507(d)), we have submitted the sufficient number of samples by a third- different models of bassinets/cradles, information collection requirements of party conformity assessment body therefore, the estimated burden hours this rule to OMB for review. Interested accredited by the Commission to test associated with labels is 30 minutes × persons are requested to fax comments according to the applicable 30 firms × 7 models per firm = 6,300 regarding information collection by May requirements. As discussed in Section minutes or 105 annual hours. 28, 2010, to the Office of Information K, section 104(b)(1)(B) of the CPSIA The Commission estimates that and Regulatory Affairs, OMB (see refers to standards issued under that hourly compensation for the time ADDRESSES). section, such as the rule for bassinets required to create and update labels is and cradles being proposed in this $27.78 (Bureau of Labor Statistics, K. Preemption notice, as ‘‘consumer product safety September 2009, all workers, goods- Section 26(a) of the CPSA, 15 U.S.C. standards.’’ Furthermore, the producing industries, Sales and office, 2075(a), provides that where a designation as consumer product safety Table 9). Therefore, the estimated ‘‘consumer product safety standard standards subjects such standards to annual cost associated with the under [the CPSA]’’ is in effect and certain sections of the CPSA, such as

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section 26(a), regarding preemption. By Children, Labeling, Law enforcement, accordance with 5 U.S.C. 552(a) and 1 the same reasoning, such standards and Toys. CFR part 51. You may obtain a copy would also be subject to section 14 of Therefore, the Commission proposes from ASTM International, 100 Bar the CPSA. Therefore, any such standard to amend Title 16 of the Code of Federal Harbor Drive, P.O. Box 0700, West would be considered to be a consumer Regulations by adding a new part 1218 Conshohocken, PA 19428; http:// product safety rule to which products to read as follows: www.astm.org. You may inspect a copy subject to the rule must be certified. at the Office of the Secretary, U.S. In addition, the CPSIA is another act PART 1218—SAFETY STANDARD FOR Consumer Product Safety Commission, enforced by the Commission, and the BASSINETS AND CRADLES Room 502, 4330 East West Highway, standards issued under section Bethesda, MD 20814, telephone 301– 104(b)(1)(B) of the CPSIA are similar to Sec. 1218.1 Scope, application and effective 504–7923, or at the National Archives consumer product safety rules. For this date. and Records Administration (NARA). reason also, bassinets and cradles will 1218.2 Requirements for bassinets and For information on the availability of need to be tested and certified as cradles. this material at NARA, call 202–741– complying with the safety standard 6030, or go to: http://www.archives.gov/ Authority: The Consumer Product Safety _ when it becomes effective. Because Improvement Act of 2008, Pub. L. 110–314, federal register/ bassinets and cradles are children’s § 104, 122 Stat. 3016 (August 14, 2008). code_of_federal_regulations/ products, they must be tested by a third- ibr_locations.html. party conformity assessment body § 1218.1 Scope, application and effective (b) Comply with the ASTM F 2194– date. accredited by the Commission. In the 07aε1 standard with the following future, the Commission will issue a This part establishes a consumer additions or exclusions: notice of requirements to explain how product safety standard for bassinets (1) Instead of complying with section laboratories can become accredited as a and cradles manufactured or imported 1.3 of ASTM F 2194–07a ε1, comply third-party conformity assessment body on or after (insert date 6 months after with the following: to test to the new safety standard. date of publication of a final rule in the (i) 1.3 This consumer safety (Bassinets and cradles also must comply Federal Register). with all other applicable CPSC performance specification covers requirements, such as the lead content § 1218.2 Requirements for bassinets and products intended to provide sleeping and phthalate content requirements in cradles. accommodations only for infants up to sections 101 and 108 of the CPSIA, and (a) Except as provided in paragraph approximately 5 months of age or when the tracking label requirement in section (b) of this section, each bassinet and the child begins to push up on hands 14(a)(5) of the CPSA, and the consumer cradle must comply with all applicable and knees, whichever comes first. ε registration form requirements in provisions of ASTM F 2194–07a 1, Products used in conjunction with an section 104 of the CPSIA.) Standard Consumer Safety Specification infant swing are not covered by this for Bassinets and Cradles, approved specification. List of Subjects in 16 CFR 1218 October 1, 2007. The Director of the (ii) [Reserved] Consumer protection, Imports, Federal Register approves this (2) Following section 2.3 of ASTM F Incorporation by reference, Infants and incorporation by reference in 2194–07aε1, use the following figure:

(ii) [Reserved] (3) Instead of complying with section (i) 3.1.1 Bassinet/cradle, n—small 3.1.1 of ASTM F 2194–07aε1, comply bed designed exclusively to provide with the following: sleeping accommodations for infants

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supported by free standing legs, a (iv) 3.1.15 Rest angle, n—the with 16 CFR Part 1509 Section 1509.4 wheeled base, a rocking base, or which resulting angle measurement of when tested according to 7.1 and 7.10. can swing relative to a stationary base. bassinet/cradle sleeping surface or tilt (ii) [Reserved] Products such as swings, full and non- angle of the bassinet/cradle bed after the (9) Instead of complying with section full size cribs, hand carrying baskets, maximum deflection angle is applied 6.4 of ASTM F 2194–07a ε1, comply and travel beds are not included, unless and released and the product has come with the following: the product is a bassinet/cradle to a complete rest when tested in (i) 6.4 Stability—A product in all attachment per the definition in Section accordance with 7.8. manufacturers’ recommended use 3.1.2. (v) 3.1.16 Flatness angle, n—the positions, including positions where the (ii) [Reserved] resulting angle measurement of the locks are engaged for preventing (4) Instead of complying with section sleep support surface or tilt angle of the ε rocking/swinging motion of the sleeping 3.1.2 of ASTM F 2194–07a 1, comply bassinet/cradle bed when a compression surface, shall not tip over and shall with the following: force is applied to the chest of the CAMI retain the CAMI Infant Dummy, Mark II, (i) 3.1.2 bassinet/cradle accessory, dummy in accordance with 7.9. when subjected to the test described in n—accessory with a rigid frame that (6) In addition to section 4.5 of ASTM 7.4. attaches to non-full size crib, play yard, F 2194–07a ε1 comply with the (ii) [Reserved] or other base unit designed to convert following: (10) In addition to section 6.6 of the accessory into a bassinet/cradle. (i) 4.6 Angle measurements shall be ASTM F 2194–07a ε1 comply with the (ii) [Reserved] obtained using a digital inclinometer (5) In addition to section 3.1.11 of following: capable of 0.1° minimum resolution. ASTM F 2194–07a ε1, comply with the (i) 6.7 Rock/Swing Angle—Bassinets following: (ii) 4.7 Equipment—Force gauge or cradles that incorporate a rocking/ with a range of 0 to 25 lbf (110N), with swinging feature shall meet the (i) 3.1.12 Double action release ± mechanism, n—mechanism requiring a maximum tolerance of 0.25 lbf following: (1.11N) or a range of 0 to 50 lbf (222N) (A) 6.7.1 Maximum deflection angle either two consecutive actions, the first ± of which must be maintained while the with a maximum tolerance of 0.25 lbf measurement on any reading shall not ° second is carried out or two separate (1.11N). A calibration interval shall be exceed 20 when tested in accordance and independent single action locking maintained for the force gauges which with 7.8. mechanisms that must be activated will ensure that the accuracy does not (B) 6.7.2 The arithmetic mean of the simultaneously to fully release. drift beyond the stated tolerances. rest angle measurements shall not (ii) 3.1.13 removable cover, n—a (7) In addition to section 5.12 of exceed 5° when tested in accordance ε fabric cover, containing snaps or other ASTM F 2194–07a 1 comply with the with 7.8. fasteners such as zippers, Velcro, or following: (ii) 6.8: Bassinet/Cradle Surface— buttons used to attach to a bassinet/ (i) 5.13 Restraints— The bassinet The angle of the bassinet or cradle cradle frame that requires consumer shall not include any restraints system sleeping support surface or the tilt angle action as a step for removal or which requires action on the part of the of the bassinet/cradle bed shall not be adjustment. caregiver to secure the restraint. greater than 5ß when tested in (iii) 3.1.14 Maximum deflection (ii) [Reserved] accordance with 7.9. angle, n—the maximum rock/swing (8) Instead of complying with section (iii) 6.9 Fabric-Sided Enclosed angle measurement allowed by the 6.1 of ASTM F 2194–07a ε1, comply Openings—For bassinets or cradles with product design in the manufacturer’s with the following: fabric sides, the fabric shall not release use position in the manner normally (i) 6.1 Spacing of Rigid and Fabric- and form a completely bounded opening associated with rocking/swinging and Sided Bassinet/Cradle Components or that allows the complete passage of the intended by the manufacturer when Bassinet/Cradle attachment torso probe (Figure 3A) when tested in tested in accordance with 7.8. Components—Spacing must comply accordance with Section 7.10.

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(11) In addition to section 7.7 of instructions and, if necessary, place the unit from rocking/swinging, per the ASTM F 2194–07aε1 comply with the bassinet/cradle in rocking/swinging manufacturer’s instructions. following: mode. (E) 7.8.1.4 Place the CAMI Infant (i) 7.8 Rock/Swing Angle Test: (C) 7.8.1.2 Place the bassinet/cradle Dummy, MARK II belly up, with both (A) 7.8.1 Side to Side Rock/Swing and the inclinometer on a flat level Test—for bassinets/cradles that have a horizontal plane (0° ± 0.5°) to establish arms contacting the torso, and the right side-to-side rocking/swinging feature. a reference plane. Zero the inclinometer. arm touching the left side wall in the (B) 7.8.1.1 Assemble bassinet/cradle (D) 7.8.1.3 Disengage any locking bassinet cradle. See Figure 4A. in accordance with manufacturer’s mechanisms designed to prevent the

(F) 7.8.1.5 Manually deflect and (G) 7.8.1.6 Release the bassinet/ the dummy. See Figure 4A. If a block hold the bassinet/cradle to the cradle and allow it to come to rest cannot be placed in the prescribed maximum side-to-side rock/swing angle unassisted. location inside the mattress bed area allowed by the product design in the (H) 7.8.1.7 Place the 6 in. x 6 in. due to mattress size constraints, dummy manufacturer’s use position in the wood block (ref. Section 7.3.2) less than position, or if the mattress is manner normally associated with 1 in. from the dummy, where the substantially curved, then mount a 1 in. rocking/swinging and intended by the horizontal center of the block is in line aluminum angle (ref. Section 7.4.2) on manufacturer. Record the maximum with the centerline of the mattress bed top of the rigid bassinet frame. See deflection angle. perpendicular to the head-to-toe axis of Figure 4B.

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(I) 7.8.1.8 Place the inclinometer on arm touching the right side wall in the horizontal plane (0° ± 0.5°) to establish the top center of the 6 in. x 6 in. wood bassinet/cradle. a test plane. Zero the inclinometer. block or aluminum angle and record the (L) 7.8.1.11 Repeat steps 7.8.1.2 to (P) 7.8.2.3 Disengage any locking resulting angle. 7.8.1.10 using a CAMI Newborn mechanisms designed to prevent the (J) 7.8.1.9 Repeat steps 7.8.1.2 to Dummy. unit from rocking/swinging, per the (M) 7.8.2 Front-to-Back Rock/Swing 7.8.1.8 four additional times. Record manufacturer’s instructions. Test—for bassinets/cradles that have a each side-to-side maximum deflection front-to-back (head-to-toe) rocking/ (Q) 7.8.2.4 Place the CAMI Infant angle and each resulting side-to-side swinging feature. Dummy, Mark II belly up, with both rest angle measurement. Calculate the (N) 7.8.2.1 Assemble bassinet/cradle arms contacting the torso, and the arithmetic mean of the five side-to-side in accordance with manufacturer’s crown of the dummy’s head touching rest angle measurements. instructions and, if necessary, place the the inside wall at one end of the sleep (K) 7.8.1.10 Repeat steps 7.8.1.2 to bassinet/cradle in the front-to-back surface and the dummy’s head-to-toe 7.8.1.9 except place the CAMI infant rocking/swinging mode. centerline is in line with the centerline Dummy, Mark II belly up, with both (O) 7.8.2.2 Place the bassinet/cradle perpendicular to the short dimension of arms contacting the torso, and the left and the inclinometer on a flat level the sleep surface. See Figure 4C.

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(R) 7.8.2.5 Manually deflect and (V) 7.8.2.9 Repeat steps 7.8.2.2 to with a force gauge. Discontinue hold the bassinet/cradle to the 7.8.2.8 four additional times. Record applying the force. maximum rock/swing angle in the front- each front-to-back maximum deflection (C) 7.9.3 Place the 6 in. x 6 in. wood to-back direction allowed by the angle and each resulting rest angle block (ref. Section 7.3.2) less than 1 in. product design in the manufacturer’s measurement. Calculate the arithmetic from the dummy, where the horizontal use position in the manner normally mean of the five rest angle center of the block is in line with the associated with rocking and intended by measurements. horizontal centerline of the dummy. If the manufacturer. Record the maximum (W) 7.8.2.10 Repeat 7.8.2.2 to 7.8.2.9 the wood block cannot be placed inside rock/swing angle. with the CAMI Dummy, Mark II feet the sleep surface of a rocking/swinging (S) 7.8.2.6 Release the bassinet/ touching the inside at one end of the product due to mattress size constraints, cradle and allow it to come to rest sleep surface and the dummy’s torso dummy position, or if the mattress is unassisted. centerline in line with the centerline substantially curved, then mount the (T) 7.8.2.7 Place the 6 in. x 6 in. perpendicular to the short dimension of 1 in. aluminum angle (ref. Section 7.4.2) wood block (ref. Section 7.3.2) where the sleep surface. on top of the rigid bassinet frame. the horizontal centerline of the wood (X) 7.8.2.11 Repeat 7.8.2.2 to (D) 7.9.4 Record the resulting block is in line with the horizontal 7.8.2.10 with the Newborn CAMI flatness angle along the dummy’s head- centerline of the sleep surface. See Dummy. to-toe axis and at 90° from the head-to- Figure 4. If the wood block cannot be (ii) 7.9 Bassinet/Cradle Flatness toe axis. placed in the prescribed location on the Angle Test mattress bed area due to mattress size (A) 7.9.1 Disable the rocking/ (E) 7.9.5 Repeat steps 7.9.1 to 7.9.4 constraints, dummy position, or if the swinging feature if the product is four additional times. Record each angle mattress is substantially curved, then equipped with such a feature. Place the measurement and calculate the mount a 1 in. aluminum angle (ref. CAMI Infant Dummy, Mark II belly up, arithmetic mean of the five angle Section 7.4.2) spanning the top of the on the sleep surface in the location most measurements in the head-to-toe ° rigid bassinet frame in a direction prone to creating a depression, slope, or direction and 90 from the head-to-toe parallel to the long dimension of the tilt (e.g., near a seam in the mattress, in axis. bassinet. a corner, etc.). (F) 7.9.6 If the dummy’s height is (U) 7.8.2.8 Place the inclinometer on (B) 7.9.2 Place the 6 in. x 6 in. wood equivalent to or less than the width of the top center of the 6 in. x 6 in. wood block (ref. Section 7.3.2) on the chest of the sleep surface then rotate the dummy block or aluminum angle. Record the the dummy and apply a 10.0 ± 0.5 lb 90° and repeat steps 7.9.1 to 7.9.5. See resulting rest angle. compression force within 2 seconds Figure 4D.

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(G) 7.9.7 Repeat 7.9.1 to 7.9.6 with (13) Instead of complying with section ACTION: Notice of regulatory review; the Newborn CAMI Dummy. 8.4.2.1 of ASTM F 2194–07a ε1, comply Request for comments. (iii) 7.10 Fabric Release Test with the following: SUMMARY: Methods for Enclosed Openings. (i) Infants have suffocated in gaps NHTSA seeks comments on the economic impact of its regulations (A) 7.10.1 Assemble and place the between extra padding and side of the on small entities. As required by section bassinet/cradle in the manufacturers use bassinet/cradle and on soft bedding. Use 610 of the Regulatory Flexibility Act, we position. only the pad provided by manufacturer. NEVER add a pillow, comforter, or are attempting to identify rules that may (B) 7.10.2 With the torso test probe have a significant economic impact on attached to a force gauge, place the another mattress for padding. (ii) [Reserved] a substantial number of small entities. small end of the probe against the fabric We also request comments on ways to inside wall of the product and any (14) In addition to the changes to ε make these regulations easier to read structural elements in any locations ASTM F 2194–07a 1 in paragraph (b)(13), comply with the following: and understand. The focus of this notice deemed most likely to fail. is rules that specifically relate to (C) 7.10.3 Apply a 20 lb force to the (i) 8.4.2.2 The words ‘‘SUFFOCATION HAZARD’’ shall be bold face type not passenger cars, multipurpose passenger probe over a period of 5 seconds and vehicles, trucks, buses, trailers, hold for an additional 5 seconds. less than 0.2 in. (5 mm) high. The words ‘‘Infants have incomplete vehicles, motorcycles, and (D) 7.10.4 Upon completion of motor vehicle equipment. 7.10.3, if an opening occurs in a suffocated’’ shall be in characters whose upper case is not less than 0.16 in. DATES: You should submit comments location, other than the location being early enough to ensure that Docket tested, release the probe from the (4 mm) high. The remainder of the warning statement shall be standard Management receives them not later original test location and repeat 7.10.3 than June 28, 2010. at this additional location without type style whose upper case shall be at ADDRESSES: You may submit comments adjusting the fabric. least 0.1 in. (2.5 mm) high. (ii) [Reserved] [identified by DOT Docket ID Number (E) 7.10.5 If the product has a NHTSA–2010–0054] by any of the removable cover, unfasten all fasteners Dated: March 30, 2010. following methods: and/or snaps and repeat 7.10.2 to 7.10.4. Alberta Mills, • Federal eRulemaking Portal: Go to (F) 7.10.6 Repeat 7.10.1 to 7.10.5 in Acting Secretary, U.S. Consumer Product http://www.regulations.gov. Follow the all manufacturers recommended use Safety Commission. online instructions for submitting positions. For multiple use products, [FR Doc. 2010–7667 Filed 4–27–10; 8:45 am] comments. the test shall be performed in all BILLING CODE 6355–01–P • Mail: Docket Management Facility: possible use modes. U.S. Department of Transportation, 1200 (12) Instead of complying with section New Jersey Avenue, SE., West Building ε 8.3.1 of ASTM F 2194–07a 1, comply DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, with the following: Washington, DC 20590–0001 (i) 8.3.1 In the warning statements, National Highway Traffic Safety • Hand Delivery or Courier: West the safety alert symbol Administration Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 23 CFR Parts 1200 and 1300 9 a.m. and 5 p.m. ET, Monday through [Docket No. NHTSA–2010–0054] Friday, except Federal holidays. and the word WARNING shall precede • Fax: 202–493–2251 the warning statements at each location Federal Motor Vehicle Safety Instructions: For detailed instructions where warnings are provided and shall Standards; Small Business Impacts of on submitting comments and additional not be less than 0.2 in. (5 mm) high. The Motor Vehicle Safety information see the Comments heading remainder of the text shall be in letters of the Supplementary Information not less than 0.1 in. (2.5 mm) high AGENCY: National Highway Traffic section of this document. Note that all except as specified in 8.4.2. Safety Administration (NHTSA), comments received will be posted (ii) [Reserved] Department of Transportation (DOT). without change to http://

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