Notice2023-03262
Notice of Availability and Request for Comment: Revision to the Voluntary Standard for Bedside Sleepers
Primary source
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Published
February 17, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
The U.S. Consumer Product Safety Commission's (Commission or CPSC) mandatory rule, Safety Standard for Bedside Sleepers, incorporates by reference ASTM F2906-13, Standard Consumer Safety Specification for Bedside Sleepers. ASTM notified the Commission that it has revised this incorporated voluntary standard. CPSC seeks comment on whether the revision improves the safety of bedside sleepers.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10304-10305]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03262]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2012-0067]
Notice of Availability and Request for Comment: Revision to the
Voluntary Standard for Bedside Sleepers
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of availability and request for comment.
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SUMMARY: The U.S. Consumer Product Safety Commission's (Commission or
CPSC) mandatory rule, Safety Standard for Bedside Sleepers,
incorporates by reference ASTM F2906-13, Standard Consumer Safety
Specification for Bedside Sleepers. ASTM notified the Commission that
it has revised this incorporated voluntary standard. CPSC seeks comment
on whether the revision improves the safety of bedside sleepers.
DATES: Comments must be received by March 3, 2023.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2012-0067, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. Do not submit through this
website: confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to the public. CPSC typically does not accept comments
submitted by electronic mail (email), except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you wish to
submit confidential business information, trade secret information, or
other sensitive or protected information that you do not want to be
available to the public, you may submit such comments by mail, hand
delivery, or courier, or you may email them to: <a href="/cdn-cgi/l/email-protection#4e2d3e3d2d63213d0e2d3e3d2d60292138"><span class="__cf_email__" data-cfemail="33504340501e5c4073504340501d545c45">[email protected]</span></a>.
Docket: For access to the docket to read background documents or
comments received, go to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and insert the
docket number, CPSC-2012-0067, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Celestine Kish, Directorate for
Engineering Sciences, U.S. Consumer Product Safety Commission, 5
Research Place, Rockville, MD 20850; telephone: (301) 987-2547; email:
<a href="/cdn-cgi/l/email-protection#0e6d65677d664e6d7e7d6d20696178"><span class="__cf_email__" data-cfemail="b3d0d8dac0dbf3d0c3c0d09dd4dcc5">[email protected]</span></a>.
[[Page 10305]]
SUPPLEMENTARY INFORMATION: Section 104(b) of the Consumer Product
Safety Improvement Act of 2008 (CPSIA) requires the Commission to adopt
mandatory standards for durable infant or toddler products. 15 U.S.C.
2056a(b)(1). Mandatory standards must be ``substantially the same as''
voluntary standards, or may be ``more stringent'' than voluntary
standards, if the Commission determines that more stringent
requirements would further reduce the risk of injury associated with
the products. Id. Mandatory standards may be based, in whole or in
part, on a voluntary standard.
Pursuant to section 104(b)(4)(B) of the CPSIA, if a voluntary
standards organization revises a standard that has been adopted, in
whole or in part, as a consumer product safety standard under CPSIA
section 104, it must notify the Commission. The revised voluntary
standard then shall be considered to be a consumer product safety
standard issued by the Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058), effective 180 days after the date
on which the organization notifies the Commission (or a later date
specified by the Commission in the Federal Register) unless, within 90
days after receiving that notice, the Commission responds to the
organization that it has determined that the proposed revision does not
improve the safety of the consumer product covered by the standard, and
therefore the Commission is retaining its existing mandatory consumer
product safety standard. 15 U.S.C. 2056a(b)(4)(B).
Under this authority, on January 15, 2014, the Commission issued a
mandatory safety rule for children's bedside sleepers (79 FR 2589). The
rulemaking created 16 CFR part 1222, which incorporates by reference,
with modifications, ASTM F2906-13, Standard Consumer Safety
Specification for Bedside Sleepers. The modifications under Sec.
1222.2(b) require that bedside sleepers be tested to the mandatory
Safety Standard for Bassinets and Cradles, codified at 16 CFR part
1218.
ASTM F2906 describes bedside sleepers as products intended to
provide sleeping space for an infant up to approximately 5 months of
age (or when child begins to push up on hands and knees). The standard
states that these products are intended to be secured to the side of an
adult bed for the purpose of having a baby sleep in close proximity to
an adult. The minimum required side-height for beside sleepers
generally is the same as bassinets, 7.5 inches. However, for the side
of the sleeper that attaches to an adult bed, the minimum side-height
is 4 inches. The mandatory standard also includes performance
requirements and test methods, as well as requirements for warning
labels and instructions, to address hazards to children associated with
children's bedside sleepers.
Since publishing the 2013 version of ASTM F2906, ASTM published
revisions in 2022 and 2023. ASTM published ASTM F2906-22 on October 1,
2022, to clarify side-height and attachment requirements for bedside
sleepers. However, CPSC understands that ASTM discovered an error in
the publication allowing for an unintended side-height exemption for
the side of the product that attaches to an adult bed, for certain
products, and therefore did not notify the Commission of this revision.
On January 1, 2023, ASTM published a revised version of the
incorporated voluntary standard, ASTM F2906-23, that removes the
unintended exemption. On February 6, 2023, ASTM notified the Commission
that it had approved and published ASTM F2906-23. CPSC staff is
assessing the revised voluntary standard to determine, consistent with
section 104(b)(4)(B) of the CPSIA, its effect on the safety of consumer
products covered by the standard, namely bedside sleepers. The
Commission invites public comment on that question, to inform staff's
assessment and any subsequent Commission consideration of the revisions
in ASTM F2906-23.\1\
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\1\ On February 10, 2023, the Commission voted 4-0 to publish
this notification.
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The incorporated voluntary standard and the two revised voluntary
standards, ASTM F2906-22 and -23, are available for review in several
ways. ASTM has provided on its website (at <a href="https://www.astm.org/CPSC.htm">https://www.astm.org/CPSC.htm</a>), at no cost, a read-only copy of both the 2022 and 2023
revisions to ASTM F2906, including red-lined versions that identify the
changes made to ASTM F2906-13 and ASTM F2906-22. Likewise, a read-only
copy of the existing, incorporated standard (ASTM F2906-13) is
available for viewing, at no cost, on the ASTM website at: <a href="https://www.astm.org/READINGLIBRARY/">https://www.astm.org/READINGLIBRARY/</a>. Interested parties can also download
copies of the standards by purchasing them from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
phone: 610-832-9585; <a href="https://www.astm.org">https://www.astm.org</a>. Alternatively, interested
parties can schedule an appointment to inspect copies of the standards
at CPSC's Office of the Secretary, U.S. Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814, telephone: 301-
504-7479.
Comments must be received by March 3, 2023. Because of the short
statutory time frame Congress established for the Commission to
consider revised voluntary standards under section 104(b)(4) of the
CPSIA, CPSC will not consider comments received after this date.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-03262 Filed 2-16-23; 8:45 am]
BILLING CODE 6355-01-P
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