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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations or less than 10 degrees from horizontal in all positions recommended for sleep.
Although the bassinet standard also requires a sleep surface equal to or less than 10 degrees, the bassinet standard does not have a test for the sleep surface angle. Accordingly, infant sleep products are required to test for the sleep surface angle, in addition to meeting the bassinet standard.
Add a new requirement that infant sleep products must meet 16 CFR part 1218, Safety Standard for Bassinets and Cradles, including conforming to the definition of bassinet/cradle. As the final rule analysis demonstrates, conforming to the requirements in the bassinet standard addresses the risk of injury associated with infant sleep products. Requiring products to meet the definition of a bassinet/cradle also ensures that the products meet the requirement to have a stand.
Remove all the performance requirements except for the above new or modified requirements.
Remove all test methods except for maximum seat back/sleep surface angle.
The name of CPSCs final rule does not include the term inclined, and will be codified as 16 CFR part 1236, Safety Standard for Infant Sleep Products. Finally, as proposed in the 2019 SNPR, because infant sleep products must meet the bassinet standard, infant sleep products must also meet the warning requirements in the bassinet and cradle standard, instead of those stated in ASTM F3118
17a. 84 FR at 6095657. An Appendix to Tab C of Staffs Final Rule Briefing Package contains a redline of the final rule changes, compared to the requirements in ASTM F311817a.

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IX. Amendment to 16 CFR Part 1112 To Include NOR for Infant Sleep Products The CPSA establishes certain requirements for product certification and testing. 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. 2063a. Certification of childrens products subject to a childrens product safety rule must be based on testing conducted by a CPSCaccepted third party conformity assessment body. Id. 2063a2. The Commission must publish an NOR for the accreditation of third party conformity assessment bodies to assess conformity with a childrens product safety rule to which a childrens product is subject. Id. 2063a3.

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The Commission published a final rule, Requirements Pertaining to Third Party Conformity Assessment Bodies, 78
FR 15836 March 12, 2013, codified at 16 CFR part 1112 part 1112 and effective on June 10, 2013, which establishes requirements for accreditation of third party conformity assessment bodies to test for conformity with a childrens product safety rule in accordance with section 14a2 of the CPSA. Part 1112 also codifies all of the NORs issued previously by the Commission.
All new NORs for new childrens product safety rules, such as the infant sleep products standard, require an amendment to part 1112. Accordingly, the 2019 SNPR proposed to amend the existing rule that codifies the list of all NORs issued by the Commission, 16
CFR part 1112, to add 16 CFR part 1236, Standard Consumer Safety Specification for Infant Sleep Products, to the list of childrens product safety rules for which CPSC has issued an NOR, because a final rule would be a childrens product safety rule that requires third party testing by a CPSCaccepted third party conformity assessment body. 84 FR at 60957. The Commission received no comment on the proposed amendment, and is finalizing the amendment as proposed in the SNPR.
Test laboratories applying for acceptance as a CPSC-accepted third party conformity assessment body to test to the new standard for infant sleep products are required to meet the third party conformity assessment body accreditation requirements in part 1112.
When a laboratory meets the requirements as a CPSC-accepted third party conformity assessment body, the laboratory can apply to CPSC to have 16
CFR part 1236, Standard Consumer Safety Specification for Infant Sleep Products, included in the laboratorys scope of accreditation of CPSC safety rules listed for the laboratory on CPSCs website at: www.cpsc.gov/labsearch.
Part 1236 includes one performance test to check for a seat back/sleep surface angle that is 10 degrees or less, and then requires infant sleep products to meet 16 CFR part 1218, Safety Standard for Bassinets and Cradles.
The new 16 CFR part 1236 for infant sleep products should have sufficient testing capacity by the effective date of the final rule. The test to check the sleep surface angle required in part 1236
involves use of the Hinged Weight GageInfant identified in F311817a.
Because the gage is also used for testing to the 16 CFR part 1223, Safety Standard for Infant Swings incorporating by reference ASTM F2088, labs
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conducting infant swing testing will already have the gage. Staff advises that 33 labs are currently CPSC-accepted to test to the bassinet and cradle standard.
Of these 33, 19 of the labs are also accredited to test to the infant swings standard, meaning these labs have all of the test equipment required to test to the new part 1236. These labs should be able to more easily become accredited to test to part 1236. Also, labs that already test to part 1218 bassinets, must only acquire the test gage, which staff advises is manufactured with readily available metal and is estimated to cost $800.
Moreover, labs that previously tested to the current ASTM F311817a for the JPMA certification program have the gage, because F3118 contains a test to measure the seat back angle using the gage. Finally, the effective date of this final rule is 12 months from publication in the Federal Register. Accordingly, labs seeking to become accredited to part 1236 have a full year to obtain the necessary test equipment, become ISO
accredited, and have CPSC-accept their accreditation to test to part 1236.
The Commission certified in the 2019
SNPR that the proposed NOR for infant sleep products would not have a significant impact on a substantial number of small laboratories. 84 FR
60959. CPSC expects that laboratories that are already accredited to test to the bassinet and cradle standard will find it relatively easy to become accredited to test to this standard, because the primary substantive requirement added by this standard is the sleep surface angle. Moreover, CPSC did not receive any comments regarding the NOR.
Therefore, for the final rule, the Commission continues to certify that amending part 1112 to include the NOR
for the infant sleep products final rule will not have a significant impact on a substantial number of small laboratories.
X. Amendment to Definitions in Consumer Registration Rule The statutory definition of durable infant or toddler product in section 104f applies to all of section 104 of the CPSIA. In addition to requiring the Commission to issue safety standards for durable infant or toddler products, section 104 of the CPSIA also directed the Commission to issue a rule requiring that manufacturers of durable infant or toddler products establish a program for consumer registration of those products.
Section 104d of the CPSIA.
In 2009, the Commission issued a rule implementing the consumer registration requirement. 16 CFR part 1130. As the CPSIA directs, the consumer registration rule requires each manufacturer of a
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