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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations and advises that the changes are either non-substantive, or an improvement in safety. We evaluate and discuss ASTM
F219416e1 in this preamble to the final rule, and CPSC will update the reference in part 1218 to ASTM F2194
16e1 as soon as feasible.
The more significant requirements of ASTM F2194 include:
Scopedescribes the types of products intended to be covered under the standard.
Spacing of rigid-side components is intended to prevent child entrapment between both uniformly and nonuniformly spaced components, such as slats.
Openings for mesh/fabricis intended to prevent the entrapment of childrens fingers and toes, as well as button ensnarement.
Static load testis intended to ensure structural integrity even when a child three times the recommended or 95th percentile weight uses the product.
Stability requirementsis intended to ensure that the product does not tip over when pulled on by a 2-year-old male.
Sleeping pad thickness and dimensionsis intended to minimize gaps and the possibility of suffocation due to excessive padding.
Tests of locking and latching mechanismsis intended to prevent unintentional folding while in use.
Suffocation warning labelis intended to help prevent soft bedding incidents.
Fabric-sided openings testis intended to prevent entrapments.
Rock/swing angle requirementis intended to address suffocation hazards that can occur when latch/lock problems and excessive rocking or swinging angles press children into the side of the bassinet/cradle.
Occupant restraintsis intended to prevent incidents where unused restraints have entrapped and strangled children.
Side height requirementis intended to prevent falls.
Segmented mattress flatnessis intended to address suffocation hazards associated with V shapes that can be created by the segmented mattress folds.
The voluntary standard also includes:
1 Torque and tension tests to prevent components from being removed; 2
requirements for several bassinet/cradle features to prevent entrapment and cuts minimum and maximum opening size, small parts, hazardous sharp edges or points, and edges that can scissor, shear, or pinch; 3 requirements for the permanency and adhesion of labels; 4
requirements for instructional literature;

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and 5 corner post extension requirements intended to prevent pacifier cords, ribbons, necklaces, or clothing that a child may be wearing from catching on a projection. 78 FR
63019, 6302021 Oct. 23, 2013.
2. CPSC Staffs Work Within the ASTM
Process CPSC has been working with ASTM
on the voluntary standard for bassinets and cradles since before publication of the original voluntary standard in 2002.
CPSC began rulemaking under section 104 of the CPSIA, to create a mandatory standard for bassinet and cradles based on the voluntary standard, in approximately 2009, following passage of the CPSIA. CPSC issued a notice of proposed rulemaking in 2010 75 FR
22303 Apr. 28, 2010, a supplemental notice of proposed rulemaking in 2012
77 FR 64055 Oct. 18, 2012, and a final rule in 2013 78 FR 63019 Oct. 28, 2013. The final rule is codified at 16
CFR part 1218, Safety Standard for Bassinets and Cradles. The final rule incorporated by reference the thencurrent voluntary standard, ASTM
F219413, with modifications to make the standard more stringent.
CPSC staff has continually participated in the ASTM process, including attending subcommittee meetings,27 participating in task groups,27 commenting and voting on ballots to revise the voluntary standard,28 and providing incident data, when requested. This has included ASTMs recent efforts to address hazards associated with currently unregulated flat sleep products, such as compact bassinets, baby boxes, and inbed sleepers, since approximately 2015.
ASTM has not yet been successful in adding any of these flat sleep products to the bassinet standard.
CPSC staffs correspondence with ASTM states that staff is opposed to removing or reducing the requirements of the bassinet and cradle voluntary standard to create new requirements specifically for these products, when such requirements are inconsistent with safe sleep principles already required in the bassinet standard. Accordingly, for example, in a December 12, 2019 letter to both the inclined sleep and bassinet 27 CPSC meeting logs associated with staffs work with ASTM can be found here: https
www.cpsc.gov/Newsroom/FOIA/ReportList?field_
nfr_date_value%5Bvalue%5D%5Bmonth%5D=&
field_nfr_date_value_1%5Bvalue%5D%5Byear %5D=&field_nfr_type_value=meeting&title=
bassinet&=Apply.
28 CPSC correspondence with the ASTM
Subcommittee for Bassinets and Cradles can be found here: https cpsc.gov/s3fs-public/Vote CommentToASTMBassinet_10162020.pdf ?NbTgq8p5FBJ12mr1IAQeG0weJUDh_6ZI.

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subcommittees, CPSC staff reiterated concerns with weakening the safe sleep requirements in the voluntary standard for bassinets and cradles in order to accommodate unregulated products, such as in-bed sleepers, compact bassinets, and baby boxes.29
Additionally, on October 16, 2020, staff voted negatively on an ASTM ballot to modify the bassinet standard to include less stringent stability and side height requirements for compact bassinets, versus traditional bassinets.30 To ensure safe sleep, staffs negative ballot vote urged ASTM to maintain the same side height and stability requirements for compact bassinets that are required of bassinets.
In June 2019, ASTM began to develop a separate in-bed sleeper voluntary standard. Staff provided data to ASTM
regarding in-bed sleepers in 2017, and has participated in ASTM meetings for in-bed sleepers since June 2019, as well as working with performance and labeling task groups.31 Task groups working on the in-bed sleeper standard have been unable to reach consensus on performance requirements for in-bed sleepers, and have been focusing on developing warning labels for these products. CPSC staff continues to participate in all of these ASTM efforts, and to urge ASTM members to retain safe sleep principles in standards development. For example, in a July 8, 2020 letter to the Subcommittee Chairman for ASTMs in-bed sleeper committee, CPSC staff stated:
We would like to be clear that based on our evaluation of incident data related to in-bed sleepers, we have great concerns regarding the safety of in-bed sleepers and the feasibility of developing any safety standard that fully addresses potential hazards. Based on the 12 deaths discussed with the In-bed Sleeper Data Task Group members, CPSC
staff cannot foresee how these products can be designed and regulated to ensure safe use for infants. Staff is not confident that an inbed sleeper voluntary standard that differs 29 Available at: https www.cpsc.gov/s3fs-public/
LetterToASTMBassinet_IISP_121219.pdf?uMq_
ImMYhtrDmFkoDH9I6vdwNI0hsm00.
30 Available at: https www.cpsc.gov/s3fs-public/
VoteCommentToASTMBassinet_10162020.pdf ?NbTgq8p5FBJ12mr1IAQeG0weJUDh_6ZI. CPSCs website, at https www.cpsc.gov/Regulations-Laws-Standards/Voluntary-Standards, contains information on staff activities as well as correspondence with voluntary standards organizations.
31 Meeting logs describing ASTM meetings are available on CPSC website: https www.cpsc.gov/
Newsroom/FOIA/ReportList?field_nfr_date_value %5Bvalue%5D%5Bmonth%5D=&field_nfr_date_
value_1%5Bvalue%5D%5Byear%5D=&field_nfr_
type_value=meeting&title=in-bed&=Apply.

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