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Proposed Rule2023-23322

Safety Standard for Infant and Infant/Toddler Rockers

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Published

October 26, 2023

Issuing agencies

Consumer Product Safety Commission

Abstract

The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the U.S. Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be substantially the same as applicable voluntary standards, or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for Infant and Infant/Toddler Rockers (rockers). The Commission is also proposing to amend CPSC's consumer registration requirements to add rockers as identified durable infant or toddler products and to amend CPSC's list of notice of requirements (NORs) to include rockers.

Full Text

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<title>Federal Register, Volume 88 Issue 206 (Thursday, October 26, 2023)</title>
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[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73551-73571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23322]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112, 1130, and 1240

[CPSC Docket No. 0046]

Safety Standard for Infant and Infant/Toddler Rockers

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Danny Keysar Child Product Safety Notification Act,
section 104 of the Consumer Product Safety Improvement Act of 2008
(CPSIA), requires the U.S. Consumer Product Safety Commission
(Commission or CPSC) to promulgate consumer product safety standards
for durable infant or toddler products. These standards are to be
substantially the same as applicable voluntary standards, or more
stringent than the voluntary standards if the Commission concludes that
more stringent requirements would further reduce the risk of injury
associated with the product. The Commission is proposing a safety
standard for Infant and Infant/Toddler Rockers (rockers). The
Commission is also proposing to amend CPSC's consumer registration
requirements to add rockers as identified durable infant or toddler
products and to amend CPSC's list of notice of requirements (NORs) to
include rockers.

DATES: Submit comments by December 26, 2023.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of
the marking, labeling, and instructional literature requirements of the
proposed rule should be directed to the Office of Information and
Regulatory Affairs, the Office of Management and Budget, Attn: CPSC
Desk Officer, FAX: 202-395-6974, or emailed to
<a href="/cdn-cgi/l/email-protection#9ef1f7ecffc1edebfcf3f7ededf7f1f0def1f3fcb0fbf1eeb0f9f1e8">[email&#160;protected]</a>.
Other comments, identified by Docket No. CPSC-0046, may be
submitted electronically or in writing:
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. CPSC typically does not accept
comments submitted by electronic mail (email), except through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. CPSC encourages you to submit electronic comments
by using the Federal eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier/Confidential Written Submissions: 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. 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#beddcecddd93d1cdfeddcecddd90d9d1c8">[email&#160;protected]</a>.
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>. 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. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
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-0046, into the ``Search'' box, and follow the
prompts.

FOR FURTHER INFORMATION CONTACT: Zachary S. Foster, Project Manager,
Division of Human Factors, Directorate for Engineering Sciences,
Consumer Product Safety Commission, 5 Research Place, Rockville, MD
20850; Telephone 301-987-2034; email: <a href="/cdn-cgi/l/email-protection#82f8e4edf1f6e7f0c2e1f2f1e1ace5edf4">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

I. Background

Section 104(b) of the CPSIA, 15 U.S.C. 2056a(b), requires the
Commission to: (1) examine and assess the effectiveness of voluntary
consumer product safety standards for durable infant or toddler
products in consultation with

[[Page 73552]]

representatives of consumer groups, juvenile product manufacturers, and
independent child product engineers and experts; and (2) promulgate
consumer product safety standards for durable infant or toddler
products. Standards issued under section 104 are to be ``substantially
the same as'' the applicable voluntary standards or more stringent than
the voluntary standards if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the product. 15 U.S.C. 2056a(b)(1)(B).
Currently, no mandatory safety standard exists for infant rockers
or infant/toddler rockers. There is a voluntary standard, however. In
July 2014, ASTM International's (ASTM) Committee F15 on Consumer
Products first published a voluntary standard for rockers--ASTM F3084-
14, Standard Consumer Safety Specification for Infant and Infant/
Toddler Rockers (ASTM F3084), to minimize the risk of injury or death
associated with children's use of rockers. The standard addressed
hazards associated with product disassembly and collapse, stability,
and falls from an elevated surface. Hazard mitigation strategies
included performance requirements, warnings, and instructional
literature. The ASTM standard has been revised four times since 2014,
in 2016, 2018, 2020, and 2022. The most current version of the ASTM
standard is ASTM F3084-22, published in May 2022.
Consistent with the consultation requirement in section 104(b)(1)
of the CPSIA, CPSC staff has worked with the ASTM F15.18 subcommittee
task group since 2013 to update the voluntary standard for rockers.\1\
This consultation, including staff's assessment of hazard patterns and
suggested additional performance and labeling requirements, continued
through publication and revision of ASTM F3084-22.
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\1\ Referred to together as ``rockers.'' Reference to ``Infant
Rockers'' alone refers to products intended for use by infants up to
approximately six months of age. Reference to ``Infant/Toddler
Rockers'' alone refers to products intended for use by children up
to approximately 2.5 years of age. See section II of the preamble
for the full definitions of Infant Rockers and Infant/Toddler
Rockers.
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Section 104(d) of the CPSIA requires manufacturers of durable
infant or toddler products to establish a product registration program
and comply with CPSC's requirements under 16 CFR part 1130. Any product
defined as a ``durable infant or toddler product'' in part 1130 must
comply with the product registration requirements, as well as testing
and certification requirements for children's products, as codified in
16 CFR parts 1107 and 1109. Section 104(f)(1) of the CPSIA defines a
``durable infant or toddler product'' as a ``durable product intended
for use, or that may be reasonably expected to be used, by children
under the age of 5 years.'' 15 U.S.C. 2056a(f)(1). Section 104(f)(2) of
the CPSIA includes a list of categories of products that are durable
infant or toddler products, including products similar to rockers, such
as various infant chairs (highchairs, booster chairs, and hook-on
chairs) and swings. 15 U.S.C. 2056a(f)(2).
Rockers are not included in the statutory list of durable infant or
toddler products. As set forth in section V of the preamble, the
statutory product list is not exhaustive. The Commission now proposes
to amend part 1130 to include ``Infant and Infant/Toddler Rockers'' as
durable infant or toddler products because they are intended for use,
and may be reasonably expected to be used, by children under the age of
5 years; are analogous to other statutory and Commission-defined
durable infant products, such as infant bouncers; and are commonly
available for resale or ``handed down'' for use by other children.\2\
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\2\ In a Commission meeting on October 11, 2023, the Commission
voted (4-0) to publish this proposed rule as amended by the
Commission. Meeting minutes describing the vote and the amendments
are available at: <a href="https://www.cpsc.gov/s3fs-public/Comm-Mtg-Min-Infant-Rockers-NPR-and-Gas-Furnaces-and-Boilers-NPR.pdf?VersionId=8Ct.NBI7RhSXyozTJBE65q3lCSyU_aMl">https://www.cpsc.gov/s3fs-public/Comm-Mtg-Min-Infant-Rockers-NPR-and-Gas-Furnaces-and-Boilers-NPR.pdf?VersionId=8Ct.NBI7RhSXyozTJBE65q3lCSyU_aMl</a>.
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II. The Product Category

A. Products Within the Scope

The scope of this notice of proposed rulemaking (NPR) includes all
infant rockers and all infant/toddler rockers within the scope of ASTM
F3084-22, including multi-mode products with a rocker mode, with the
addition of weight limits for each product and terminology to define
``rocking'' pursuant to the Commission's proposed modification to the
standard definitions addressed below. The ASTM standard F3084-22
defines an infant rocker as a ``freestanding product intended to
support an occupant who has not developed the ability to sit up
unassisted (approximately 0 to 6 months of age) in a seated, reclined
position greater than 10[deg] and to facilitate rocking by the occupant
with the aid of the caregiver or by other means.'' The ASTM standard
defines an infant/toddler rocker as ``a freestanding product intended
to support an occupant in a seated, reclined position greater than
10[deg] and to facilitate rocking by the occupant with the aid of the
caregiver or by other means until the occupant is approximately 2\1/2\
years.'' The Commission proposes to modify the ASTM definitions of
infant rockers and infant/toddler rockers by specifying a weight limit
for each product so as to reflect the manufacturers' maximum
recommended weight listed in the product warning, and thereby
clarifying which forward stability test is required for each
product.\3\ The Commission also proposes to add terminology to define
``rocking'' as forward and backward motion via a nonstationary base.
This clarification is intended to differentiate rockers from other
infant and toddler seated products and prevent improper product
classification. The Commission invites comments on the proposed
definition of ``rocking.'' \4\
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\3\ See Tab F of Staff's NPR Briefing Package for additional
information on the scope of ASTM F3084-22, and Tab G of Staff's NPR
Briefing Package for the proposed changes to the definition and
stability test.
\4\ See Briefing Memo and Tab G of Staff's NPR Briefing Package
for the proposed addition.
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Products within scope of the NPR include:
<bullet> Infant rockers, marketed for infants up to approximately
six months old,
<bullet> Infant/toddler rockers, marketed for children up to
approximately 2.5 years old,
<bullet> Combination rocker/bouncers (bouncers with curved rocker
legs),
<bullet> Combination swings/rockers (rockers that attach to a
stationary swing base), and
<bullet> Other combination products, such as rocker/bouncer/
stationary chair products.
Most rockers have a metal or plastic frame with a padded fabric
seat. A few products, primarily from foreign direct shippers and hand
crafters, have a wooden frame. Some products have a motorized rocking
function, a vibration function, or sound functions, which are powered
by batteries or an electrical cord with a plug. All rockers support a
child in an inclined position (greater than 10 degrees from vertical)
with certain infant/toddler rockers having adjustable seat backs to
facilitate upright sitting as the child grows. Many products also
feature an accessory bar with attached toys that are, or once the child
has grown larger will be, within the child's reach. Certain products
also have secondary use modes. For example, some products have a
kickstand that can be deployed to keep the product stationary, while
other products can be converted into a bouncer or swing. Many rockers
have three-point crotch restraints consisting of a wide cloth crotch
and short adjustable waist straps with plastic

[[Page 73553]]

buckles. Some infant/toddler rockers also utilize a shoulder restraint.
Some items marketed as ``rockers'' are subject to the swing
mandatory standard, 16 CFR part 1223, rather than the rocker standard,
based on how the product moves in relation to a base or stand. Rockers
are reclined seated products that move in their entirety, most commonly
on curved legs, so as to rock an occupant forward and backward, while
swings have a stationary base. Multi-mode items, such as rockers with
curved legs that attach to a swing base, are subject to both the swing
mandatory standard and the rocker voluntary standard. Some conventional
bouncer seats are advertised as ``rockers'' because they rock up and
down, but those products would not meet the definition of a ``rocker''
in either the ASTM standard or the NPR if the base is stationary.
Bouncer seats must meet the bouncer seat mandatory standard in 16 CFR
part 1229, while multi-mode items that are both rockers and bouncers
are subject to both standards.
Rocking horse toys and similar items are out of scope for this rule
because they do not meet the definition of a ``rocker'' in the ASTM
standard or the NPR; such toys do not support the occupant in a seated,
reclined position. Similarly, traditional children's rocking chairs
with a straight, non-reclining back are not within the scope of the
rule.

B. Market Description

CPSC staff estimates that rocker sales reach 567,500 units per
year, although this estimate is uncertain due to the industry practice
of grouping rockers and combination products with non-rocker products
into a single survey category. In January 2023, staff found that 25
percent of the bestselling products within the ``infant bouncers and
rockers'' category of a major internet retailer website were rockers or
combination rocker/bouncer products within scope of this proposed rule.
See Tab F of Staff Briefing Package: Draft Notice of Proposed
Rulemaking for Infant and Infant/Toddler Rockers (Sept. 13, 2023)
(Staff's NPR Briefing Package), available at: <a href="https://www.cpsc.gov/s3fs-public/Notice-of-Proposed-Rulemaking-Safety-Standard-for-Infant-Rockers-and-Infant-and-Toddler-Rockers.pdf?VersionId=Z3cL72KKD_oN_BG5LcNEAdlDIDXyTrmt">https://www.cpsc.gov/s3fs-public/Notice-of-Proposed-Rulemaking-Safety-Standard-for-Infant-Rockers-and-Infant-and-Toddler-Rockers.pdf?VersionId=Z3cL72KKD_oN_BG5LcNEAdlDIDXyTrmt</a>.
While new rockers are available from online general retail sites,
brick and mortar baby specialty stores, and brick and mortar general
retail stores including ``big box'' stores, used items are widely
available on second-hand online sites, as well as in some thrift
stores. Rockers range in price from $35 to $250 with an average price
of about $110. The less expensive products tend to be smaller products
without powered functions, while the more expensive rockers tend to be
combination products (e.g., rocker-swings or rocker-bouncers) or
products with additional features. Using the estimate of approximately
567,500 units sold each year with the average price of $110, CPSC
estimates a $62 million market in terms of annual sales. Approximately
80 models of rockers are available for sale on the U.S. market, from
roughly 50 entities.

III. Incident Data

Rockers are part of a broader group of products (which includes
bouncers and swings) that provide support to infants who are initially
unable to sit independently. Compared to other postures, sitting can
provide infants an improved ability to explore objects with greater
visual access to their environment, as well as increased social
attention. While infants are sitting, as compared to other postures,
caregivers also demonstrate a wider variety of interactions that allow
infants to practice cognitive skills.\5\
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\5\ See Tab D of Staff's NPR Briefing Package for additional
information.
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However, incident data confirms that some caregivers use rockers
for brief or extended infant or toddler sleep, despite warnings that
these products should not be used for sleep. As Tab A of Staff's NPR
Briefing Package explains in greater detail, CPSC staff searched the
Consumer Product Safety Risk Management System (CPSRMS) \6\ and the
National Electronic Injury Surveillance System (NEISS) \7\ for
fatalities, incidents, and concerns associated with rockers reported to
have occurred between January 1, 2011 and November 7, 2022. Staff
identified 1,088 incidents from CPSRMS associated with rockers. Staff
found too few emergency department-treated injuries associated with
rockers to derive reportable national estimates. Therefore, staff was
unable to provide injury estimates based on NEISS data but included
NEISS injury cases in the total count of reported incidents.
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\6\ CPSRMS is the epidemiological database that houses all
anecdotal reports of incidents received by CPSC, ``external cause''-
based death certificates purchased by CPSC, all in-depth
investigations of these anecdotal reports, as well as investigations
of select NEISS injuries. Examples of documents in CPSRMS are:
hotline reports, internet reports, news reports, medical examiner's
reports, death certificates, retailer/manufacturer reports, and
documents sent by state/local authorities, among others.
\7\ NEISS is a statistically valid surveillance system for
collecting injury data. NEISS is based on a nationally
representative probability sample of hospitals in the U.S. and its
territories. Each participating NEISS hospital reports patient
information for every emergency department visit associated with a
consumer product or a poisoning to a child younger than five years
of age. The total number of product-related hospital emergency
department visits nationwide can be estimated from the sample of
cases reported in the NEISS. https://www.cpsc.gov/Research--
Statistics/NEISS-Injury-Data.
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Table 1 shows the number of incidents reported for each year during
the period. Incident reporting is ongoing and the number of incidents--
particularly for recent years--may change.

Table 1--Reported Infant Rocker Incidents
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Number of
Total number Number of reported
Incident year of reported reported nonfatal
incidents fatalities injuries
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2011............................................................ 164 1 29
2012............................................................ 200 1 23
2013............................................................ 158 1 11
2014............................................................ 97 1 3
2015............................................................ 82 1 3
2016............................................................ 137 0 4
2017............................................................ 86 1 5
2018............................................................ 67 0 2
2019............................................................ 42 2 4

[[Page 73554]]

2020............................................................ 42 1 3
2021 *.......................................................... 8 1 1
2022 *.......................................................... 6 1 0
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1Total...................................................... 1,088 11 88
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * Indicates data collection is ongoing.

Table 2 provides age information for the victims in the 1,088
incidents.

Table 2--Age Distribution in Infant Rocker-Related Incident Reports
[01/01/11-11/07/22]
------------------------------------------------------------------------
Total
Age -------------------------------
Frequency Percentage
------------------------------------------------------------------------
Unreported *............................ 316 29
0-6 Months.............................. 418 38
7 Months-Less Than 1 Year............... 241 22
1-Less Than 2 Years..................... 81 8
2-4 Years............................... 27 2
5 Years or Older........................ 5 <1
-------------------------------
Total............................... 1,088 100
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: Percentages may not sum to 100 due to rounding.
* In this table, age ``unreported'' implies age was unknown or age was
not reported because the incident involved no injury.

Table 3 presents the age distribution of children under five years
of age who suffered fatal or nonfatal injuries in the incidents from
January 1, 2011 to November 7, 2022. All 11 fatalities and 70 nonfatal
injuries involved victims less than one year old. Eight incidents
involved victims less than four months old, including five of the 11
total fatalities.

Table 3--Age Distribution in Infant Rocker-Related Incidents Reporting Fatalities and Nonfatal Injuries Among
Children Under Five Years of Age
[01/01/11-11/07/22]
----------------------------------------------------------------------------------------------------------------
Total Fatalities Injuries
Age of child -----------------------------------------------------------------------------
Frequency Percentage Frequency Percentage Frequency Percentage
----------------------------------------------------------------------------------------------------------------
Unreported *...................... 12 12 0 0 12 14
0-6 Months........................ 33 33 10 91 23 26
7-Less Than 1 Year................ 48 48 1 9 47 53
1-Less Than 2 Years............... 5 5 0 0 5 6
2-4 Years......................... 1 1 0 0 1 1
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Total......................... 99 100 11 100 88 100
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: Percentages may not sum to 100 due to rounding.
* In this table, age ``unreported'' implies age was unknown but victim is described as a child under five years
of age.

Of the 11 fatalities during the period, nine involved infants being
placed in the rocker for sleeping or napping. The incident reports
indicate that in two of these incidents the infants were placed on
their side in the rocker, and in one incident the rocker was damaged
and was being supported by a shoe box. One fatality involved an infant
being placed in a rocker with the seat back in the ``upright/toddler''
position for approximately four hours. One fatality involved an infant
being placed in a rocker on top of an adult bed without a caregiver
present for approximately 20-30 minutes. Six of the 11 fatalities
indicate that the restraints were not used. Six of the 11 fatalities
indicate that pillows and/or blankets were placed in the product with
the infant over the infant for warmth/comfort, under the infant for
comfort/support, or both. In one of these incidents a blanket was found
covering the infant's face.

[[Page 73555]]

Summaries of the fatalities are provided in Tab A of Staff's NPR
Briefing Package.
Staff identified hazard patterns for all 1,088 reported incidents
associated with rockers.
More than 700 of the incidents (64 percent) involved hardware-
related problems such as issues related to lock and latch hardware,
hinge hardware, seat mounting hardware, or other parts breaking.
Two hundred and seventy-five of the incidents (25 percent) cited
rockers wobbling, collapsing, or tipping over. Tipover-related
incidents comprised more than 64 percent of all reported injuries. At
least 49 of the tipover-related incidents involved a rocker tipping
forward. Sixty of the 275 stability-related incidents resulted in head
injury. Four of the 275 stability-related incidents resulted in other
upper body injuries.
Thirty-seven of the incidents (3 percent) cited rockers having
electrical issues, mostly batteries leaking. Thirty-six of the
incidents (3 percent), involving 17 injuries, cited issues related to
the rocker's design, such as toy bar positioning, slippery fabric seat
pads, misaligned screws, pinch points, defective battery compartments,
and seat back tubes not staying in sockets.
From January 1, 2011 through August 30, 2023, CPSC issued one
recall of two multi-mode products in which four fatalities were
reported and one issued warning regarding rockers. Incidents described
in the press releases for the multi-mode product recall and the warning
involved infants being placed to sleep on their backs and unrestrained
in inclined rocking products but found on their stomachs.\8\
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\8\ See Tab E of Staff's NPR Briefing Package for additional
information.
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IV. Overview of ASTM F3084 9
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\9\ See Tab C of Staff's NPR Briefing Package for additional
information.
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A. History of ASTM F3084

The ASTM F15.18 Subcommittee on Cribs, Toddler Beds, Play Yards,
Bassinets, Cradles, and Changing Tables first published the voluntary
standard for rockers in 2014, as ASTM F3084-14, Standard Consumer
Safety Specification for Infant and Infant/Toddler Rockers.\10\ The
first publication addressed issues including seat angles, stability,
structural integrity, other design issues, and marking and labeling.
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\10\ The Commission is not aware of any international voluntary
standards pertaining to rockers.
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Since 2014, ASTM has revised and updated the voluntary standard
four times to address safety issues. In 2016, ASTM modified the warning
requirements for use of shoulder straps provided as part of the
restraint system. In 2018, ASTM made miscellaneous changes. In 2020,
ASTM added language to the marking, labeling, and instructional
literature requirement that addressed battery operated products and
removed references to the CPSIA. In May 2022, ASTM modified warning
language to state that rockers are not intended for sleep or
unsupervised use, and to instruct consumers to move sleeping infants to
a firm, flat sleep surface.\11\
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\11\ See Briefing Memo of Staff's NPR Briefing Package for
additional detail on ASTM F3084.
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B. Assessment of the ASTM F3084-22 Standard

Based on CPSC staff's Engineering and Human Factors assessments,
Tabs C and D of Staff's NPR Briefing Package, respectively, CPSC
concludes that several ASTM F3084-22 tests are adequate to address
rocker hazards, specifically: (1) the sideward and rearward stability
tests for infant and infant/toddler rockers to address product sideward
and rearward tipover; (2) the structural integrity test to address
hardware failures and collapse hazard; (3) the toy bar integrity test
to address toy bars snapping apart; and (4) the restraint system test
to ensure the heaviest intended occupant is safely secure. Therefore,
the Commission proposes in the NPR to adopt the following ASTM tests:
\12\
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\12\ See Tabs C and D of Staff NPR Briefing Package for
additional details.
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1. Sideward and Rearward Stability
Section 6.3.2 of ASTM F3084-22 specifies performance requirements
for rockers' sideward and rearward stability. In the test procedure, a
CAMI Infant Dummy is placed in the rocker, which is then positioned in
the most unfavorable sideward or rear position on a test surface
inclined at 20 degrees. To pass the test, the rocker must not tip over
in this position. CPSC testing indicates this test is adequate to
address the risk to occupants from sideways or backwards tip-over of
the rocker.
2. Structural Integrity
The ASTM standard includes a dynamic load test (see section 7.6.1),
a static load test (see section 7.6.2), and a disassembly/collapse test
(see section 6.6). Section 6.5 specifies that rockers shall not break
or create a hazardous condition after these tests are applied. CPSC
assess that these tests adequately test the structural strength of
rockers.
3. Toy Bars
To prevent caregivers from attempting to raise the rocker by the
toy bar, section 6.7 of ASTM F3084-22 requires that toy bars must
either be strong enough to not detach when used as a handle or must
break free from the rocker when a caregiver attempts to use the toy bar
as a handle. CPSC considers these requirements--which are identical to
the ASTM F2167-22 toy bar attachment test requirements for infant
bouncers, codified in 16 CFR part 1229--adequate to address the hazard
of toy bars snapping due to use as a handle.
4. Restraints
Section 6.2 of ASTM F3084-22 requires both a waist and crotch
restraint to secure a child in a rocker. The test requires that the
restraint system anchors shall not separate from the attachment points
when subjected to a force of 45 lb. that is maintained for 10 seconds.
The force of 45 lb. is approximately 25 percent greater than the 36 lb.
weight of a 2.5-year-old male child in the 95th percentile. These
requirements are identical to the restraint system test requirements
for infant bouncers under 16 CFR part 1229, and adequately ensure the
safety of the heaviest intended occupant.
5. Concavity and Firmness
While the foregoing tests in ASTM F3084-22 appear adequate to
address rocker hazards, CPSC finds, subject to public comment, that
several revisions to the current voluntary standard are necessary to
adequately address hazards to infants and toddlers associated with
rockers.
First, no provision in ASTM F3084-22 addresses the risk of
suffocation in rockers due to concavity or firmness issues. In 2022,
CPSC contracted with Boise State University (BSU) to research and
analyze the death or injury risks associated with infant seated
products and to recommend possible requirements to improve safety. A
research team led by Dr. Erin Mannen submitted their report (BSU
Report) to CPSC in June 2023. The BSU Report recommends that infant
seated products should have a firmness similar to that of a crib
mattress, should not envelop the infant's head or face, and should
provide sufficient space for the infant's head to rotate without
contacting the product side walls.\13\
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\13\ Mannen, E.M., Siegel, D., Goldrod, S., Bossart, A., Lujan,
T.J., Wilson, C., Whitaker, B., Carrol, J. (2023). Seated Products
Characterization and Testing. Report available at <a href="https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing">https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing</a> (BSU Report).

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[[Page 73556]]

(a) Concavity and Conformity
The BSU Report states that the concavity (i.e., curvature of the
seat back) and conformity (i.e., the product enveloping the infant due
to the infant's weight) of an infant rocker can affect the risk of
mouth and nose contact with the sides of the product and poses a
suffocation risk. The BSU research team found that rockers with a small
pillow or no pillow posed a low risk for suffocation from nose and
mouth contact, while products with larger and thicker pillows or
inserts were deemed to create a high risk for mouth and nose contact
and potential suffocation.
The BSU Report outlines a recommended concavity test. The test
consists of calculating the concavity (radius) formed at the intended
occupant's head position with a 7.65-pound newborn-sized test device in
the seat. With the device in place, the width of the seat is then
measured from side to side at the intended infant head position. The
depth is also measured from the midline of the infant's head position
to the seat back surface. With these measurements, the radius is then
calculated to determine the concavity.
The BSU Report states that a seated product with a concavity radius
greater than 22 cm (8.66 in.) would protect against mouth and nose
contact with sides of the products during a normal head rotation.
Therefore, the BSU Report recommends a concavity radius equal to or
greater than 22 cm (8.66 in.), which would make it easier for infants
to free their mouth and nose from face contact if they roll into a
prone position within the product. After conducting testing, CPSC staff
similarly found that a concavity radius of less than 22 cm (8.66 in)
would increase the risk of an infant's mouth or nose coming into
contact with the side of a product. The 22 cm (8.66 in) radius is three
times the head radius of a 95th percentile six-month-old male. The
minimum 22 cm (8.66 in) radius requirement therefore incorporates a
three times safety factor to prevent the infant's face from contacting
the side of the rocker. The Commission invites comment on the proposed
concavity requirement to address the suffocation hazard by adopting the
BSU Report's recommended concavity test for rockers.
(b) Firmness
The BSU Report states that all seated infant products should be
sufficiently firm and flat to prevent the infant's mouth and nose from
making contact with the product during supine lying with a normal head
rotation. The BSU Report recommends that infant rocker firmness should
be equivalent to the crib mattress firmness requirement, confirming
that the minimum displacement of 11mm (0.43 in) with a 2.25-pound load
would meet the crib mattress firmness requirement. Based on staff's own
testing as well as the BSU Report, CPSC staff advises that adopting the
BSU Report firmness test for rockers would address a suffocation risk.
Staff further found that inserting a foam backing between the fabric of
the rocker and the frame would allow the rocker to pass the firmness
test, suggesting the feasibility of complying with the BSU Report's
firmness recommendation. See Tab C of Staff's NPR Briefing Package for
more detail.
The firmness requirement and test method recommended in the BSU
Report addresses the hazards of soft surfaces designed into rockers,
such as pillows or hammock designs, that can envelope an infant's face
in the prone position or with the head turned to the side position.
Providing equivalent firmness around the occupant's head will help to
ensure that rockers have the same baseline safety as crib mattresses in
terms of preventing a child's nose and mouth from being obstructed by
the support surface. The Commission proposes to adopt the BSU Report's
recommended firmness test to strengthen the rockers standard to address
a suffocation hazard that ASTM F3084-22 currently does not address and
invites comment on this proposal.
6. Forward Stability
Section 6.3 of ASTM F3084-22 specifies performance requirements for
forward stability in infant rockers intended to support an occupant who
has not developed the ability to sit up unassisted. The test procedure
for forward stability applies a tipping moment to the product in its
most upright position to simulate a 21 lb. infant leaning forward in
the rocker.\14\ A test fixture is then attached to the seat of a
product with restraints that have been adjusted for a CAMI Infant
Dummy. A 21-lb. vertical static force is applied for 60 seconds to the
fixture five inches in front of the crotch post. To pass the test, the
infant rocker must not tip over. See Tab A, Appendix, and Tab C of
Staff NPR Briefing Package for additional details.
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\14\ The 21-lb load is equivalent to the weight of a 95th
percentile 6-month-old boy (Centers for Disease Control and
Prevention, National Center for Health Statistics. CDC growth
charts: United States, 2000. <a href="https://www.cdc.gov/growthcharts/">https://www.cdc.gov/growthcharts/</a>).
---------------------------------------------------------------------------

This forward stability requirement for infant rockers is not as
stringent as the forward stability requirements for infant bouncers in
16 CFR part 1229, which provides greater protection for larger infants
by applying the test weight one inch further from the crotch post
(i.e., six inches away instead of five inches away) and using the
manufacturer's maximum recommended weight if greater than the 21-lb.
weight application specified. Additionally, the infant rocker standard
does not clearly specify a maximum weight limit for infant rockers in
the product warnings and does not adequately indicate which forward
stability tests are to be applied to each product type, whether it be
an infant rocker or an infant/toddler rocker. To strengthen the
standard, the Commission proposes modifying the forward stability
requirement for infant rockers to match the more stringent test
conditions specified in the mandatory standard for infant bouncers,
revising the definitions for ``infant rocker'' and ``infant/toddler
rocker'' to list a maximum weight limit, and revising the forward
stability tests to offer additional clarification on which tests apply
to which product category.
In addition, it appears the forward stability test for infant/
toddler rockers in ASTM F3084-22 does not adequately address occupants
larger than six-months-old, as most of the incidents of infant/toddler
rockers tipping over involved an occupant that ranged from seven months
to 12 months of age. See Tab C of Staff NPR Briefing Package. The
Commission requests comments on this concern, and on methods to best
test forward stability hazards for occupants older than six months of
age.
7. Electrical--Battery Leakage
As noted, 36 of the 1,088 reported rocker incidents within the
study period involved leaking batteries. Twelve of the leaking battery
incidents reported corroded or rusty battery compartments. See Tab A,
Appendix, and Tab C of Staff's NPR Briefing Package for additional
information.
ASTM F3084-22 does not specify requirements to address battery or
electrical issues associated with rockers. CPSC's bouncer rule,
codified at 16 CFR part 1229, does include requirements to address such
electrical hazards. Specifically, the bouncer rule's electrical
requirements include: (1) each battery compartment or area around the
battery compartment is marked to show the correct battery polarity,
size, and voltage; (2) each battery compartment provides a means to
contain battery leaks; (3) design protection from the possibility of a
battery being charged when it is installed in the rocker; (4) the
surfaces of any accessible electrical

[[Page 73557]]

component do not reach temperatures exceeding 160 [deg]F (71[deg]C) at
any time while in ordinary use; and (5) the product is only operable
via an a/c power source and/or new batteries of the type recommended by
the manufacturer. To address the battery-related hazards reflected in
the reported incidents, the Commission proposes to add electrical
requirements based on requirements in the bouncer rule.
8. Drop Test
The bouncer rule in 16 CFR part 1229 includes a drop test to
evaluate the durability of infant bouncers in instances of an
inadvertent drop or the product impacting a hard surface. The test
drops a bouncer from a height of 36 inches once on each of six
different planes (top, bottom, front, rear, left side, and right side).
ASTM F3084-22 does not contain a similar test, which reduces the
protectiveness of its requirements. See Tab C of Staff's NPR Briefing
Package. Accordingly, the Commission proposes to apply the drop test
from the bouncer rule to rockers to ensure product durability.
9. Strangulation on Tethered Straps
CPSC staff identified one near-strangulation incident involving a
rocker in which an eight-month-old male crawled under the product, at
which time his neck became entangled in the tethered straps located
behind the rocker. See Tab A, Appendix, and Tab C of Staff's NPR
Briefing Package for additional information. Because ASTM F3084-22 does
not address a tethered strap strangulation hazard, the Commission
proposes to strengthen the rocker standard by adding a test in section
7.11 of the NPR to address tethered strap strangulation hazards.

C. Marking, Warning, and Labeling

Warning about a hazard is a less effective method of addressing the
hazard than either designing the hazard out of a product or guarding
consumers from the hazard. Therefore, when a standard relies on
warnings to address a hazard, it is particularly important that the
warning statements are noticeable, understandable, and motivational.
The primary U.S. voluntary consensus standard for product safety signs
and labels, ANSI Z535.4, American National Standard for Product Safety
Signs and Labels, recommends that on-product warnings include content
that addresses the following three elements:
<bullet> a description of the hazard;
<bullet> information about the consequences of exposure to the
hazard; and
<bullet> instructions regarding appropriate hazard-avoidance
behaviors.
CPSC staff analyzed literature, incident data, and consumer
feedback, concluding that the rocker warnings specified in ASTM F3084-
22 do not adequately address the identified product hazards because the
warning requirements insufficiently address the use of soft bedding in
rockers and the use of rockers for sleep, fail to address potential
hazards of prematurely born infants using rockers, do not sufficiently
outline label visibility and location requirements, and have
typographical errors. See Tab D of Staff's NPR Briefing Package. To
address these deficiencies, the Commission proposes inclusion of the
warnings shown in Figure 1:
[GRAPHIC] [TIFF OMITTED] TP26OC23.009

D. Instructional Literature

Adding these warnings to the product literature is also necessary
to address adequately the hazards associated with rockers. See Tab D of
Staff's NPR Briefing Package. Further, the instructional literature
language in the ASTM voluntary standard overbroadly states that
instructions shall include the warnings listed in section 8.7, which
contains four sets of warning statements with minor differences based
on whether the product is an infant rocker or an infant/toddler rocker,
and the type of restraint system used. The Commission proposes that the
instructional literature requirements specify that only the applicable
warning in section 8.7 needs to be included.

V. Overview of the NPR

A. Performance Requirements

In light of the substantial record of deaths and injuries with
infant rockers and infant/toddler rockers, as summarized in section III
above, the Commission issues the NPR under section 104 of the CPSIA to
propose a mandatory consumer product safety standard for rockers. The
Commission proposes to incorporate by reference ASTM F3084-22, with
modifications to make the standard more stringent to further reduce the
risk of injury associated with the use of rockers. The objective of
this proposed rule is to address the known hazards of infant rockers
and infant/toddler rockers, which include positional asphyxia,
disassembly and collapse, hardware failures such as screws coming out
and parts breaking off, and falls from elevated surfaces. The NPR
contains more stringent performance and labeling requirements than the
voluntary standard, improving the test

[[Page 73558]]

requirements based on CPSC's assessment of incident reports,
performance tests from the bouncer rule in 16 CFR part 1229, and the
BSU Report. Additionally, the NPR includes requirements for warning
content and formatting. Proposed modifications to ASTM F3084-22 in the
NPR address:
Suffocation risks posed by soft rocker surfaces and rocker features
that can envelop a child's face, by adding firmness and concavity
requirements as recommended in the BSU Report discussed in section IV
of the preamble; \15\
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\15\ Mannen, E.M., Siegel, D., Goldrod, S., Bossart, A., Lujan,
T.J., Wilson, C., Whitaker, B., Carrol, J. (2023). Seated Products
Characterization and Testing. Report available at <a href="https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing">https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing</a>. (BSU Report).
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Tipover risk, by modifying the terminology and forward stability
requirements for rockers to match the more stringent test conditions
listed in ASTM F2167-22, incorporated by reference into CPSC's Safety
Standard for Infant Bouncer Seats, codified in 16 CFR part 1229, and to
more clearly indicate which forward stability tests are to be performed
on each product type, i.e., the different testing for an infant rocker
versus an infant/toddler rocker;
Battery leakage risk, by adding the more stringent electrical
requirements from part 1229, including performance requirements and
test methods requiring battery compartments to provide a means of
containing battery leakage, preventing access to contained leakage,
avoiding hazardous charging of batteries when installed in the product,
and limiting the surface temperature of accessible electrical
components to 160 [deg]F (71[deg]C) or less at any time while in
ordinary use;
Strangulation risk posed by tethered straps that are exposed below
a product, by adding tethered straps accessibility requirements;
Mechanical injury risks associated with product design, by adding
drop test requirements from part 1229 to ensure product durability;
Warning and literature requirements to emphasize that rockers are
not intended for sleep and that soft bedding is not to be used in
rockers, and to ensure that on-product labels are prominently placed
and conspicuous to the consumer.

B. Certification

Section 14 of the CPSA establishes 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. 2063(a). Certification of children's products subject to a
children's product safety rule must be based on testing conducted by a
CPSC-accepted third party conformity assessment body. 15 U.S.C.
2063(a)(2). The Commission must publish a notice of requirements (NOR)
for the accreditation of third-party conformity assessment bodies to
assess conformity with a children's product safety rule to which a
children's product is subject. 15 U.S.C. 2063(a)(3). The proposed rule
for 16 CFR part 1240, Safety Standard for Infant and Infant/Toddler
Rockers, if issued as a final rule, would be a children's product
safety rule that requires the issuance of an NOR.
16 CFR part 1112 establishes requirements for accreditation of
third-party conformity assessment bodies to test for conformity with a
children's product safety rule in accordance with section 14(a)(2) of
the CPSA. Part 1112 also codifies all of the NORs issued previously by
the Commission. To meet the requirement that the Commission issue an
NOR for the rocker standard, the Commission proposes as part of the NPR
to add rockers to the list of children's product safety rules for which
CPSC has issued an NOR.
Testing laboratories applying for acceptance as a CPSC-accepted
third party conformity assessment body to test to the new standard for
rockers would be 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 1240, Safety
Standard for Infant and Infant/Toddler Rockers, included within the
laboratory's scope of accreditation of CPSC safety rules listed for the
laboratory on the CPSC website at: <a href="https://www.cpsc.gov/cgi-bin/labsearch/">https://www.cpsc.gov/cgi-bin/labsearch/</a>.

C. Product Registration

In addition to requiring the Commission to issue safety standards
for durable infant or toddler products, section 104 of the CPSIA
directs the Commission to issue a rule requiring that manufacturers of
durable infant or toddler products establish a program for consumer
registration of those products. 15 U.S.C. 2056a(d).
Section 104(f) of the CPSIA defines the term ``durable infant or
toddler product'' as ``a durable product intended for use, or that may
be reasonably expected to be used, by children under the age of 5
years,'' and lists 12 product categories. 15 U.S.C. 2056a(f). The
product categories listed in section 104(f)(2) of the CPSIA--which do
not include rockers--represent a non-exhaustive list of durable infant
or toddler product categories. 74 FR 68668, 68669 (Dec. 29, 2009).
As the CPSIA directs, CPSC's consumer registration rule at 16 CFR
part 1130 requires each manufacturer of a durable infant or toddler
product to provide a postage-paid consumer registration form with each
product; keep records of consumers who register their products with the
manufacturer; and permanently place the manufacturer's name and certain
other identifying information on the product. The Commission here
proposes to amend part 1130 to include ``Infant and Infant/Toddler
Rockers,'' as defined in ASTM F3084-22 with modifications, as durable
infant or toddler products because they are: (1) intended for use, and
may be reasonably expected to be used, by children under the age of 5
years; (2) similar to the other seated products listed in section
104(f)(2) of the CPSIA, such as swings, booster chairs, and activity
centers; and (3) durable, as reflected by the fact that they are
commonly available for resale or ``handed down'' for use by other
children.

VI. Incorporation by Reference

The Commission proposes incorporating ASTM F3084-22 by reference,
with modifications to further reduce the risk of injury associated with
rockers. The Office of the Federal Register (OFR) has regulations
concerning incorporation by reference. 1 CFR part 51. For a proposed
rule, agencies must discuss in the preamble of the NPR ways that the
materials the agency proposes to incorporate by reference are
reasonably available to interested persons or how the agency worked to
make the materials reasonably available. In addition, the preamble of
the proposed rule must summarize the material. 1 CFR 51.5(a).
In accordance with the OFR's requirements, section IV.B of the
preamble summarizes the provisions of ASTM F3084-22 that the Commission
proposes to incorporate by reference. ASTM F3084-22 is copyrighted. By
permission of ASTM, the standard can be viewed as a read-only document
during the comment period of the NPR, at: <a href="https://www.astm.org/cpsc.htm">https://www.astm.org/cpsc.htm</a>. To download or print the standard, interested persons may
purchase a copy

[[Page 73559]]

of ASTM F3084-22 from ASTM, through its website (<a href="https://www.astm.org">https://www.astm.org</a>),
or by mail from ASTM International, 100 Bar Harbor Drive, P.O. Box
0700, West Conshohocken, PA 19428. Alternatively, interested parties
may inspect a copy of the standard at CPSC's Office of the Secretary by
contacting Alberta E. Mills, Secretary, U.S. Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-
504-7479; email: <a href="/cdn-cgi/l/email-protection#27445754440a4854674457544409404851">[email&#160;protected]</a>.

VII. Effective Date

The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of the
final rule. 5 U.S.C. 553(d). The Commission proposes a 180-day
effective date for this rule. The rule would apply to all rockers
manufactured after the effective date. 15 U.S.C. 2058(g)(1). This
amount of time is typical for other CPSIA section 104 rules.\16\ Six
months is also the period that the Juvenile Products Manufacturers
Association (JPMA) typically allows for products in their certification
program to shift to a new standard once that new standard is published.
Therefore, juvenile product manufacturers are accustomed to adjusting
to new standards within this timeframe. Given that the proposed rule
largely uses test equipment that is already utilized to test rockers to
ASTM F3084-22 for JPMA's program, and that any additional required test
equipment is either already utilized for other regulated products (such
as infant bouncer seats) or can easily be procured or produced by a
testing laboratory, the Commission believes that additional time is
unnecessary for the production or procurement of new test equipment.
The Commission invites comments, particularly from small businesses,
regarding the amount of time needed to come into compliance with a
final rule.
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\16\ See, e.g., Safety Standard for Infant Swings, 87 FR 44,307
(July 26, 2022); Safety Standard for Crib Mattresses, 87 FR 8640
(Feb. 15, 2022).
---------------------------------------------------------------------------

VIII. Regulatory Flexibility Act (RFA)

The RFA requires that agencies review a proposed rule for its
potential economic impact on small entities, including small
businesses. Section 603 of the RFA generally requires that agencies
prepare an initial regulatory flexibility analysis (IRFA) and make the
analysis available to the public for comment when the agency publishes
an NPR. 5 U.S.C. 603. The IRFA must describe the impact of the proposed
rule on small entities and identify significant alternatives that
accomplish the statutory objectives and minimize any significant
economic impact of the proposed rule on small entities. CPSC staff has
addressed these issues in Tab F of Staff's NPR Briefing Package, and
they are presented briefly below.

A. Agency Action, NPR Objectives, Product Description, and Market
Description

Section I of the preamble explains why CPSC is considering issuing
a mandatory rule for rockers and provides a statement of the objectives
of, and legal basis for, the proposed rule. Section II of the preamble
describes the types of products within the scope of the NPR, the market
for rockers, and the use of rockers in the U.S.
The requirements in the NPR are more stringent than the ASTM
voluntary standard for rockers. Relatively few rockers for sale in the
U.S. are marketed as ASTM-compliant. Only two out of approximately 50
current suppliers to the U.S. market are members of the JPMA
certification testing program for rockers, which provides third party
testing for compliance with CPSC and ASTM standards. JPMA currently has
four member companies that are certified specifically for rockers, two
of which do not currently have a rocker for sale in the U.S. See Tab F
of Staff's NPR Briefing Package.

B. Small Entities to Which the NPR Would Apply

Of the 13 U.S. manufacturers and importers of rockers that
currently supply the U.S. market, four are small U.S. manufacturers and
five are small U.S. importers based on Small Business Administration
(SBA) size standards, for a total of nine small U.S. entities to which
the NPR would apply. The rest of the suppliers, about 37, are foreign-
based manufacturers and direct shippers.
The NPR would not mandate any requirements or have direct economic
impact on retailers of any size because products manufactured or
imported before the effective date of the final rule could still be
sold. Indirect impacts on retailers could occur in the longer term if
rockers are removed from the market rather than redesigned to meet the
requirements of this standard, or if an increased price of compliant
rockers reduces demand.

C. Impact of the Proposed Rule on Small Manufacturers and Importers

The NPR could have a significant impact on nine small U.S.
importers and manufacturers whose products may not be consistent with
the NPR requirements. CPSC considers one percent of annual revenue from
sales to be a potentially ``significant'' economic impact.
Most rocker products on the market would require redesign to meet
the proposed rule and would need new labeling. The extent of the
required modifications would depend on whether the products already
meet the ASTM standard for rockers or, for multi-mode products, the
similar mandatory standards for bouncer chairs or swings. Manufacturers
whose products do not meet the performance requirements in the NPR will
need to redesign the products at a cost that CPSC staff estimates to be
approximately $80,000 per model or remove the products from the market.
Staff anticipates that most models would require at least some
redesign to meet the requirements of the standard. However, some
redesigns could be relatively inexpensive, such as changing the seat
angle or modifying the restraints. Products that currently meet all
physical performance requirements might only need the new warning
sticker or a stamped-on label. Combination products that are compliant
with the mandatory bouncer chair standard or the swing standard and
have no hanging restraint straps may require minimal redesign or none
at all.
Staff estimates the total cost of redesign for the 17 models
supplied by U.S. small businesses to be $1.36 million (17 models x
$80,000), though the cost could be less if some models do not require
redesign, or only modest redesign. The cost of redesign could also be
spread across multiple models because models from the same manufacturer
can be similar in structural design and dimensions with different
fabrics or toy bars. Similarly, one model from a foreign manufacturer
may be sold by multiple direct shippers and small importers under
different brand names. The ongoing cost of compliance after the first
year that the rule is in effect is expected to be minimal for materials
and labor because the redesigned products would likely use the same
types of materials and production methods as current products.
Substitutes for rockers are available, so if the costs of
compliance were to raise the price of rockers above the price of what
parents perceive as reasonable substitutes, such as swings or bouncer
seats, there could be a decline in rocker sales as a result of this
rule. However, the impact on suppliers of reduced rocker sales could be
offset by an increase in sales of these competing products if sold by
the same companies.

[[Page 73560]]

The impact of the redesign cost could also be reduced if suppliers are
able to increase the retail price to cover some or all of the cost
without significantly impacting overall demand for rockers.
Based on staff's analysis, additional testing costs beyond what
suppliers are already spending to comply with other CPSC standards
would be less than $1,000 per year per model. Testing costs would
likely vary depending on where the testing takes place and whether
volume discounts apply. If products are sold to a global market, those
products would require testing to satisfy both U.S. and foreign
standards at the same time, for a bundled test price. Multi-mode
products that are already required to demonstrate compliance with the
bouncer or swing mandatory standard through third-party testing may
experience a smaller incremental cost for testing only the rocker mode.
Overall, staff estimates the testing costs for the industry as a whole,
including foreign and large businesses supplying the U.S. market, to be
$80,000 per year (80 models x $1,000 per model for testing).

D. Impact on Testing Labs

No adverse impact on testing laboratories should occur as a result
of a final rule for rockers. CPSC estimates the required testing
instruments and devices to cost in the range of $500 to $1,000. The
cost will be on the lower end of this range if the laboratory already
has devices such as force gauges, which are common. The 22 labs that
are currently accredited to test to the mandatory bouncer standard
would likely easily meet the accreditation requirements to test rockers
given the similarity of the requirements and test methods. Furthermore,
most laboratories are not small businesses. Companies in the lab
testing industry include companies with hundreds of locations,
including Asia and Europe, and thousands of employees.

E. Alternatives Considered To Reduce the Impact on Small Entities

The Commission considered several alternatives to reduce burden on
small entities. Exempting small entities from this rule or parts of
this rule would not be consistent with the applicable statutes; the
CPSA allows CPSC to provide ``small batch'' exemptions to testing
requirements or alternative requirements for some mandatory safety
standards, such as the standard for bicycle helmets (16 CFR part 1203),
but the CPSIA section 104 requirements for durable infant or toddler
products do not provide for such exemptions. Nevertheless, several
alternatives to the NPR could have a different impact on small
businesses. The Commission requests comment on these alternatives or
other alternatives that could reduce the potential burden on small
entities.
1. Not Establishing a Mandatory Standard
While not establishing a safety standard for rockers would minimize
the regulatory impact on small businesses, failing to establish a
mandatory standard would fail to reduce injuries and deaths from the
known hazards. Establishing a mandatory standard satisfies the mandate
in section 104 of the CPSIA requiring the Commission to create
mandatory safety standards for all durable infant or toddler products.
2. Only Including Infant Rockers in the Scope
The incident data for rockers, discussed in section III of the
preamble, reflect that all of the fatalities and most of the injuries
were to children less than one year old. While CPSC could consider
excluding from the scope of the rule those rockers that are marketed
for use only by children over one year old, this would not
significantly reduce the impact on small businesses, as there are very
few rockers on the market solely for toddlers. Such limitation in scope
also would not effectively address the hazards because rockers marketed
for older children foreseeably could still be used for infants.
Further, the incident data reflects some non-fatal injuries to children
over one year old.
3. Incorporating ASTM F3084-22 Without Modifications
The Commission considered proposing to incorporate by reference
ASTM F3084-22, without any modifications. While this would reduce the
impact on two U.S. small businesses that claim to be compliant with the
ASTM standard, the overall impact on U.S. small businesses, as compared
to the Commission's proposed rule, would not be significant. Further,
as discussed above, ASTM F3084-22 does not adequately address the
suffocation and fall hazards rockers present.
4. A Different Effective Date of the Requirements
An effective date earlier than 180 days after publication could
provide the benefits of the NPR more quickly but would increase the
burden on small businesses by requiring them to more quickly redesign
and test products. An earlier effective date could result in temporary
shortages of rockers because the testing labs would need to receive
accreditation before they could test for compliance to the new
performance requirements. A later effective date could reduce impact on
small businesses but would delay addressing the known hazards,
including life-threatening risks.

IX. Environmental Consideration

The Commission's regulations address whether the agency is required
to prepare an environmental assessment or an environmental impact
statement. Under these regulations, certain categories of CPSC actions
normally have ``little or no potential for affecting the human
environment,'' and therefore do not require an environmental assessment
or an environmental impact statement. Safety standards providing
requirements for products come under this categorical exclusion. 16 CFR
1021.5(c)(1). The NPR falls within the categorical exclusion.

X. Paperwork Reduction Act

This proposed rule for infant rockers contains information
collection requirements that are subject to public comment and review
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521). In this document, pursuant
to 44 U.S.C. 3507(a)(1)(D), we set forth:
<bullet> a title for the collection of information;
<bullet> a summary of the collection of information;
<bullet> a brief description of the need for the information and
the proposed use of the information;
<bullet> a description of the likely respondents and proposed
frequency of response to the collection of information;
<bullet> an estimate of the burden that shall result from the
collection of information; and
<bullet> notice that comments may be submitted to the OMB.
Title: Safety Standard for Infant and Infant/Toddler Rockers.
Description: The proposed rule would require each rocker within the
scope of the rule to comply with ASTM F3084-22, Standard Consumer
Safety Specification for Infant and Infant/Toddler Rockers, modified by
the proposed additional requirements summarized in the preamble.
Sections 8 and 9 of ASTM F3084-22 contain requirements for marking,
labeling, and instructional literature. These requirements fall within
the definition of ``collection of information,'' as defined in 44
U.S.C. 3502(3).
Description of Respondents: Persons who manufacture or import
rockers.

[[Page 73561]]

Estimated Burden: We estimate the burden of this collection of
information as follows:

Table 4--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Hours per Total burden
16 CFR section respondents responses responses response hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1240............................................................... 50 1.6 80 1 80
--------------------------------------------------------------------------------------------------------------------------------------------------------

Our estimate is based on the following:
ASTM F3084-22 requires that the name and the place of business
(city, state, and mailing address, including zip code) or telephone
number of the manufacturer, distributor, or seller be marked clearly
and legibly on each product and its retail package. It also requires a
code mark or other means that identifies the date (month and year, as a
minimum) of manufacture.
An estimated 13 U.S. firms supply rockers to the domestic market,
as well as seven foreign manufacturers and about 30 foreign direct
shippers, for a total of about 50 suppliers. We estimate the time
required to respond to the collection is about one hour per model.
Approximately 80 models of rockers were available for sale on the U.S.
market as of March 2023. Therefore, each supplier is estimated to
respond 1.6 times (80 models/50 suppliers = 1.6 responses). The
estimated annual burden associated with the collection is 50
respondents x 1.6 responses x 1 hour per response = 80 hours.
CPSC estimates that the hourly compensation for the time required
to respond to the collection is $37.41 (U.S. Bureau of Labor
Statistics, ``Employer Costs for Employee Compensation,'' March 2023,
total compensation for all sales and office workers in goods-producing
private industries: <a href="https://www.bls.gov/news.release/archives/ecec_06162023.pdf">https://www.bls.gov/news.release/archives/ecec_06162023.pdf</a>). The estimated annual cost to industry associated
with the collection accordingly is $2,993 ($37.41 per hour x 80 hours =
$2,992.80). No operating, maintenance, or capital costs are associated
with the collection.
The NPR requires instructions to be supplied with rockers. Under
the OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort, and
financial resources necessary to comply with a collection of
information that would be incurred by persons in the ``normal course of
their activities'' are excluded from a burden estimate, where an agency
demonstrates that the disclosure activities required to comply are
``usual and customary.'' Firms that supply rockers to the U.S. market
typically provide instructional literature to consumers. Therefore, we
tentatively estimate that no burden hours are associated with supplying
instructional literature because any burden associated with supplying
instructions would be ``usual and customary'' and not within the
definition of ``burden'' under the OMB's regulations.
Based on this analysis, the proposed standard for rockers would
impose a burden to industry of 80 hours at a cost of $2,993 annually.
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), CPSC has submitted the information collection requirements of
this rule to the OMB for review. Interested persons are requested to
submit comments (see the ADDRESSES section at the beginning of this
document).
Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
<bullet> whether the collection of information is necessary for the
proper performance of CPSC's functions, including whether the
information will have practical utility;
<bullet> the accuracy of CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
<bullet> ways to enhance the quality, utility, and clarity of the
information to be collected;
<bullet> ways to reduce the burden of the collection of information
on respondents, including the use of automated collection techniques,
when appropriate, and other forms of information technology; and
<bullet> the estimated burden hours associated with label
modification, including any alternative estimates.

XI. Preemption

Section 26(a) of the CPSA, 15 U.S.C. 2075(a), states that when a
consumer product safety standard is in effect and applies to a product,
no state or political subdivision of a state may either establish or
continue in effect a standard or regulation that prescribes
requirements for the performance, composition, contents, design,
finish, construction, packaging, or labeling of such product dealing
with the same risk of injury unless the state requirement is identical
to the federal standard. Section 26(c) of the CPSA also provides that
states or political subdivisions of states may apply to the Commission
for an exemption from this preemption under certain circumstances.
Section 104(b) of the CPSIA refers to the rules to be issued under that
section as ``consumer product safety rules.'' Therefore, the preemption
provision of section 26(a) of the CPSA would apply to a rule issued
under section 104.

XII. Request for Comments

The Commission proposes a rule under section 104(b) of the CPSIA to
issue a consumer product safety standard for Infant and Infant/Toddler
Rockers, to amend part 1112 to add Infant and Infant/Toddler Rockers to
the list of children's product safety rules for which CPSC has issued
an NOR, and to amend part 1130 to identify Infant and Infant/Toddler
Rockers as a durable infant or toddler product subject to CPSC consumer
registration requirements. The Commission requests comments on any
aspect of these proposals, including the proposed effective date and
the costs of compliance with, and testing to, the proposed Safety
Standard for Infant and Infant/Toddler Rockers. During the comment
period, the ASTM F3084-22, Standard Consumer Safety Specification for
Infant and Infant/Toddler Rockers, is available as a read-only document
at: <a href="https://www.astm.org/cpsc.htm">https://www.astm.org/cpsc.htm</a>.
In addition to the areas identified above, the Commission seeks
comment on the following matters:
A. What physical design characteristics, not already addressed in
this package, would best signal to adults that rockers are unsafe for
infant sleep? Should any such characteristics be required for rockers?
B. What benefits, if any, do younger infants (under 4 months)
derive from rockers in terms of motor development and visual
stimulation? Do the benefits change and/or increase as an infant
progresses from early infancy?

[[Page 73562]]

C. Should rockers be allowed to be marketed, intended, or designed
to accommodate babies that are too young to gain any physical
developmental benefit from using them?
D. Would any additional warnings be useful? If so, what messages
should be included?
E. The Commission invites comments on staff's recommendation that
the warning label specifically address premature infants: ``For babies
born prematurely, consult a doctor before use.'' (See discussion at OS-
125, page 68 in Tab B of Staff's NPR Briefing Package). Is a warning
appropriate for any other groups of infants, for instance, infants
under four months of age?
F. Should soothing features, like vibration or calming sounds, be
permitted on rockers?
G. Whether the NPR has identified the appropriate firmness test
points, or whether any other test points should be included, for
example, a third firmness test point in an area of the head space of
the product that is most likely to fail the test, comparable to the
additional test points proposed in the recent NPR for nursing pillows
at 88 FR 65865, 65883 (Sept. 26, 2023)?
H. Whether an anti-stockpiling provision should be included and, if
so, whether the Commission should include an anti-stockpiling provision
comparable to the one proposed in the recent SNPR for portable
generators at 88 FR 24346, 24372 (Apr. 20, 2023)?
I. Should torso angle restrictions be included? If so:
1. Should those restrictions set a maximum angle, under which sleep
is appropriately safe?;
2. Should those restrictions set a minimum angle, above which a
baby is sitting upright and unlikely to sleep?; or
3. Should those restrictions do both of the above (i.e., should
products be permitted to be below X degrees or above Y degrees, but not
any of the angles in between X and Y)?
J. The Commission requests comment on whether any rocker (with an
incline ``greater than 10 degrees'') in which infants are likely to
fall asleep is safe for infants under 5 months, or for infants under 6
months. And, if such products are not safe, what modifications to the
proposed rule--such as, for example, age grading--should be made to
ensure that those products are not available for children in that age
range?
K. The Commission invites comments on the proposed definitions of
infant rocker and infant/toddler rocker.
1. In addition to the staff's recommendations that the definitions
include a weight limit, should a minimum age be specified?
2. With respect to product angle, is the specification of ``greater
than 10 degrees'' in the proposed definition adequate to address
positional asphyxia risks?
L. According to the June 2023 report from Boise State University,
Seated Products Characterization and Testing, ``Future studies should
focus more on the biomechanical differences between younger and older
infants within infant products.'' (p. 173) The Commission requests
comments on the biomechanical differences that impact the risks of
injury and death associated with infant and infant/toddler rockers,
particularly for premature infants and infants under 4 months.
Submit comments in accordance with the instructions in the
ADDRESSES section at the beginning of this document.

List of Subjects

16 CFR Part 1112

Administrative practice and procedure, Audit, Consumer protection,
Reporting and recordkeeping requirements, Third party conformity
assessment body.

16 CFR Part 1130

Administrative practice and procedure, Business and industry,
Consumer protection, Reporting and recordkeeping requirements.

16 CFR Part 1240

Consumer protection, Incorporation by reference, Infants and
children, Labeling, Law enforcement, Seats, Toys.

For the reasons discussed in the preamble, the Commission proposes
to amend Title 16 of the Code of Federal Regulations as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

Authority: Pub. L. 110-314, section 3, 122 Stat. 3016, 3017
(2008); 15 U.S.C. 2063.

0
2. Amend Sec. 1112.15 by adding paragraph (b)(51) to read as follows:

Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule and/or test method?

* * * * *
(b) * * *
(51) 16 CFR part 1240, Safety Standard for Infant and Infant/
Toddler Rockers.
* * * * *
0
3. The authority citation for part 1130 continues to read as follows:

Authority: 15 U.S.C. 2056a, 2065(b).

0
4. Amend Sec. 1130.2 by adding paragraph (a)(20) to read as follows:

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT
OR TODDLER PRODUCTS

Sec. 1130.2 Definitions.

* * * * *
(a) * * *
(20) Infant and Infant/Toddler Rockers.
* * * * *
0
5. Add part 1240 to read as follows:

PART 1240--SAFETY STANDARD FOR INFANT AND INFANT/TODDLER ROCKERS

Sec.
1240.1 Scope.
1240.2 Requirements for infant and infant/toddler rockers.

Authority: 15 U.S.C. 2056a.

Sec. 1240.1 Scope.

This part establishes a consumer product safety standard for Infant
and Infant/Toddler Rockers.

Sec. 1240.2 Requirements for infant and infant/toddler rockers.

(a) Except as provided in paragraph (b) of this section, each
infant and infant/toddler rocker must comply with all applicable
provisions of ASTM F3084-22, Standard Consumer Safety Specification for
Infant and Infant/Toddler Rockers (approved May 1, 2022). The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is
available for inspection at the U.S. Consumer Product Safety Commission
and at the National Archives and Records Administration (NARA). Contact
the U.S. Consumer Product Safety Commission at: the Office of the
Secretary, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, telephone (301) 504-7479, email: <a href="/cdn-cgi/l/email-protection#294a595a4a04465a694a595a4a074e465f">[email&#160;protected]</a>. For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#395f4b1750574a495c5a4d5056577957584b58175e564f">[email&#160;protected]</a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>. A free, read-only copy of the standard
is available for viewing on the ASTM website at <a href="https://www.astm.org/READINGLIBRARY/">https://www.astm.org/READINGLIBRARY/</a>. You may also obtain a copy from ASTM International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
phone: (610) 832-9585; <a href="http://www.astm.org">www.astm.org</a>.

[[Page 73563]]

(b) Comply with the ASTM F3084-22 standard with the following
additions or exclusions:
(1) Instead of complying with section 3.1.6 and 3.1.7 of ASTM
F3084-22, comply with the following:
(i) 3.1.6 infant rocker, n--a freestanding product intended to
support an occupant who has not developed the ability to sit up
unassisted, up to 20 lb. (approximately 0 through 6 months of age), in
a seated, reclined position greater than 10[deg] and to facilitate
rocking by the occupant with the aid of the caregiver or by other
means.
(ii) 3.1.7 infant/toddler rocker, n--a freestanding product
intended to support an occupant in a seated, reclined position greater
than 10[deg] and to facilitate rocking by the occupant with the aid of
the caregiver or by other means until the occupant is approximately age
2.5 years, up to 40 lb.
(2) In addition to complying with sections 3.1.1 through 3.1.17 of
ASTM F3084-22, comply with the following:
(i) 3.1.18 tethered strap, n--an exposed strap underneath or behind
the occupant support surface with both ends secured to the product (see
6.8).
(ii) 3.1.18.1 Discussion--This specifically excludes straps that
are loose or hanging from a product that are not intended to be
attached to another component according to the manufacturer's
instructions.
(iii) 3.1.18.2 Discussion--The strap may consist of monofilaments,
rope, woven and twisted cord, plastic and textile tapes, or ribbon.
(3) Add section 3.1.19 to ASTM F3084-22:
3.1.19 rocking, v--forward and backward motion via a nonstationary
base.
(4) Instead of complying with sections 6.3.1 and 6.3.1.1 of ASTM
F3084-22, comply with the following:
(i) 6.3.1 Forward Stability--The rocker shall not tip over when
tested in accordance with 7.4.1. This shall be for all infant rockers
and infant/toddler rockers in the infant rocker use, mode, or position.
(ii) 6.3.1.1 Forward Stability Infant/Toddler Rockers--If the
product is intended for use after the occupant can sit upright
unassisted with a manufacturer's recommended weight above 20 lb., the
rocker shall not tip over when tested in accordance with 7.4.2.
(5) Add sections 6.8, 6.8.1, and 6.8.2 to ASTM F3084-22:
(i) 6.8 Tethered Strap Accessibility for Non-Occupants--Any
products that have a tethered strap (see 3.1.18) shall meet either
6.8.1 or 6.8.2 when tested in accordance with 7.11.
(ii) 6.8.1 A bounded opening formed by tethered strap(s), alone or
in conjunction with the product, shall not allow the passage of the
small head probe (Figure 2 to paragraph (b)(9)(ix)) when tested in
accordance with 7.11.
(iii) 6.8.2 A bounded opening formed by tethered strap(s), alone or
in conjunction with the product, shall allow the passage of the large
head probe (Figure 3 to Paragraph (b)(9)(xii)), and the tethered strap
portion of the bounded opening shall not be greater than 7.4 in. (188
mm) long when tested in accordance with 7.11.
(6) Add section 6.9 to ASTM F3084-22:
6.9 Drop Test--The rocker shall not create a hazardous condition as
defined in section 5 when tested in accordance with 7.12.
(7) Add sections 6.10, 6.11, and 6.12 to ASTM F3084-22:
(i) 6.10 Battery Compartments (remote control devices are exempt
from these requirements):
(ii) 6.10.1 Each battery compartment shall provide a means to
contain the electrolytic material in the event of a battery leakage.
This containment means shall not be accessible to the occupant.
(iii) 6.10.2 Positive protection from the possibility of charging
any primary (non-rechargeable) battery shall be achieved either through
physical design of the battery compartment or through the use of
appropriate electrical circuit design. This applies to situations in
which a battery may be installed incorrectly (reversed), and in which a
battery charger may be applied to a product containing primary
batteries. This section does not apply to a circuit having one or two
batteries as the only source of power.
(iv) 6.10.3 The surfaces of any accessible electrical component,
including batteries, shall not achieve temperatures exceeding 160
[deg]F (71 [deg]C) when tested in accordance with 7.13. At the
conclusion of the test, there shall be no battery leakage or, explosion
or a fire to any electrical component. This test shall be performed
prior to conducting any other testing within the performance
requirements section.
(v) 6.11 Firmness--The surface of the rocker that supports the
infants head shall displace less than 11mm (0.43 in.) for a 10N (2.25
lb.) force when tested in accordance with 7.14.
(vi) 6.12 Concavity--The radius of surface of the rocker that
supports the infant's head shall be greater than 22 cm (8.66 in.) when
tested in accordance with 7.15.
(8) Instead of complying with section 7.4.1.6 of ASTM F3084-22,
comply with the following:
7.4.1.6 Apply a static load of 21 lbf. (93 N) vertically downward
on the stability test fixture in the location designated in Figure 15
to paragraph (b)(17) (6-in. (152.4-mm) in front of the crotch post)
within a period of 5 s and maintain for an additional 60 s (Figure 9 to
section 7 of ASTM F3084-22). If the stability test fixture touches the
test surface and prevents the product from tipping over, retest the
product near the edge of an elevated test surface to allow the product
to tip.
(9) Add section 7.11 to ASTM F3084-22:
(i) 7.11 Tethered Strap Accessibility Testing:
(ii) 7.11.1 Assemble the product in one of the manufacturer's
recommended use positions.
(iii) 7.11.2 Adjust any strap underneath or behind the occupant
support surface to its full-length configuration. This includes
adjusting any sliding buckle and/or other hardware.
(iv) 7.11.3 For straps that are part of the restraint system,
unbuckle the restraint system to allow for the maximum strap length
underneath or behind the occupant support surface.
(v) 7.11.4 Where applicable, orient any fasteners, buckles, clips,
or other hardware in the position most likely to prevent them from
being pulled through any opening.
(vi) 7.11.5 Using a \3/4\ in. (19 mm) diameter clamping surface
(Figure 1 to paragraph (b)(9)(vi)), gradually pull on the tethered
strap from underneath or behind the occupant support surface in the
most onerous direction most likely to release the strap through the
opening with a force of 5 lbf. (22 N). Apply the force over a period of
5 s and maintain for an additional 10 s or until the strap releases,
whichever comes first.

[[Page 73564]]

Figure 1 to Paragraph (b)(9)(vi)--A \3/4\-in. (19-mm) Diameter Clamp
[GRAPHIC] [TIFF OMITTED] TP26OC23.010

Note 1 to Figure 1 to paragraph (b)(9)(vi): Reprinted, with
permission, from ASTM F406-22 Standard Consumer Safety Specification
for Non-Full-Size Cribs/Play Yards, copyright ASTM International,
100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the
complete standard may be obtained from ASTM International,
<a href="http://www.astm.org">www.astm.org</a>.

(vii) 7.11.5.1 If during the test procedure in 7.11.5, the strap
remains does not release at a force of 5 lbf. (22 N) or less, proceed
to 7.11.6.
(viii) 7.11.5.2 If during the test procedure in 7.11.5, the
tethered strap releases, replace the strap through the opening into its
original test position described in 7.11.3 and 7.11.4. Repeat the force
application in 7.11.5 four more times for a total of five times. If the
strap releases during every one of the five individual tests, this
strap is exempt from 7.11.6, 7.11.7, and 7.11.8. If the strap remains
attached during any of the five force applications, proceed to 7.11.6.
(ix) 7.11.6 Rotate the small head probe (Figure 2 to paragraph
(b)(9)(ix)) to the orientation most likely to fail and gradually apply
a force of 25 lb. (111 N) in the bounded opening. Apply the force
perpendicular to the base of the probe in the direction most likely to
fail within a period of 5 s and maintain it for an additional 10 s.

Figure 2 to Paragraph (b)(9)(ix)--Small Head Test Probe
[GRAPHIC] [TIFF OMITTED] TP26OC23.011

Note 2 to Figure 2 to paragraph (b)(9)(ix): Reprinted, with
permission, from ASTM F406-22 Standard Consumer Safety Specification
for Non-Full-Size Cribs/Play Yards, copyright ASTM International,
100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the
complete standard may be obtained from ASTM International,
<a href="http://www.astm.org">www.astm.org</a>.

(x) 7.11.6.1 If the small head probe (Figure 2 to paragraph
(b)(9)(ix)) cannot pass entirely through the opening in any
orientation, this bounded opening passes 6.8.1.
(xi) 7.11.6.2 If the small head probe (Figure 2 to paragraph
(b)(9)(ix)) can pass entirely through the opening in any orientation,
proceed to 7.11.7.
(xii) 7.11.7 Determine if the large head probe (Figure 3 to
paragraph (b)(9)(xii)) can be freely inserted through the bounded
opening.

Figure 3 to Paragraph (b)(9)(xii)--Large Head Test Probe

[[Page 73565]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.012

Note 3 to Figure 3 to paragraph (b)(9)(xii): Reprinted, with
permission, from ASTM F406-22 Standard Consumer Safety Specification
for Non-Full-Size Cribs/Play Yards, copyright ASTM International,
100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the
complete standard may be obtained from ASTM International,
<a href="http://www.astm.org">www.astm.org</a>.

(xiii) 7.11.7.1 If the large head probe (Figure 3 to paragraph
(b)(9)(xii)) cannot pass entirely through the opening in any
orientation, this bounded opening fails 6.8.2.
(xiv) 7.11.7.2 If the large head probe (Figure 3 to paragraph
(b)(9)(xii)) can pass entirely through the opening in any orientation,
proceed to 7.11.8.
(xv) 7.11.8 Measure the available length of the tethered strap from
its two attachment points on the product under a load of 5 lb. (2.27
kg).
(xvi) 7.11.8.1 If the tethered strap is greater than 7.4 in. (188
mm), this tethered strap fails 6.8.2.
(xvii) 7.11.8.2 If the tethered strap is less than or equal to 7.4
in. (188 mm), this tethered strap passes 6.8.2.
(xviii) 7.11.9 Repeat for each bounded opening formed with tethered
strap(s), in all manufacturer's recommended use positions.
(10) Add section 7.12 through 7.16 to ASTM F3084-22:
(i) 7.12 Drop Test:
(ii) 7.12.1 The rocker shall be dropped from a height of 36 in.
(910 mm).
(iii) 7.12.1.1 If the rocker does not fold, drop the rocker once on
each of six different planes (top, bottom, front, rear, left side, and
right side).
(iv) 7.12.1.2 If the rocker does fold, drop the rocker once on each
of six different planes, both in the folded and erect configurations.
(v) 7.13 Battery Compartment Test
(vi) 7.13.1 The battery compartment shall be tested using fresh
alkaline batteries or an a/c power source. If the function powered by
the compartment can be operated using both, then both batteries and a/c
power must be tested separately. If another battery chemistry is
specifically recommended for use in the rocker by the manufacturer,
repeat the test using the batteries specified by the manufacturer. If
the rocker will not operate using alkaline batteries, then test with
the type of battery recommended by the manufacturer at the specified
voltage. The test is to be carried out in a draft-free location, at an
ambient temperature of 68 <plus-minus> 9 [deg]F (20 <plus-minus> 5
[deg]C).
(vii) 7.13.1.1 Operate the function powered by the battery
compartment at the maximum speed or highest intensity. Do not disable
any mechanical or electrical protective device, such as clutches or
fuses. Operate the function powered by the battery compartment
continuously, and record peak temperature. The test shall be
discontinued 60 min after the peak temperature is recorded. If the
function shuts off automatically or must be kept ``on'' by hand or
foot, monitor temperatures for 30 s, resetting the function as many
times as necessary to complete the 30 s of operation. If the function
shuts off automatically after an operating time of greater than 30 s,
continue the test until the function shuts off.
(viii) 7.14 Firmness Test
(ix) 7.14.1 Hand-Held Firmness Test Device:
(x) 7.14.1.1 The test device (Figure 4 to paragraph (b)(10)(x))
shall consist of a 7.5 cm (2.95 in.) diameter hemisphere (made of a
rigid material such as wood, metal, or plastic) attached to a
compression force gauge with a range of 0 to 50 N; <plus-minus>0.2%
accuracy and a depth gauge with sufficient travel to measure
displacement of the hemisphere relative to the footprint ring.
BILLING CODE 6355-01-P

Figure 4 to Paragraph (b)(10)(x)--Hand-Held Firmness Test Device

[[Page 73566]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.013

(xi) 7.14.2 Test Point Location.
(xii) 7.14.2.1 Place the Hinged Weight Gauge-Infant in the rocker
with the hinged edge into the seat bight.
(xiii) 7.14.2.2 Mark a line on the seat back 4 in. (10.2 cm) from
the top of the gauge (Figure 5 to paragraph (b)(10)(xiii)).

Figure 5 to Paragraph (b)(10)(xiii)--Location of Head Support Line
[GRAPHIC] [TIFF OMITTED] TP26OC23.014

(xiv) 7.14.2.3 Remove the hinged weight gauge and mark the test
points at the center line and 8 in. (20.3 cm) to the either side of the
center line (Figure 6 to paragraph (b)(10)(xiv)).

Figure 6 to Paragraph (b)(10)(xiv)--Test Point Location
[GRAPHIC] [TIFF OMITTED] TP26OC23.015

(xv) 7.14.3 Position the Hand-Held Test Device (Figure 4 to
paragraph (b)(10)(x)) on a test location, with the footprint ring of
the fixture centered on the location.
(xvi) 7.14.4 Apply a 10N (2.25 lb.) force for at least 30 seconds
and record the peak deflection. The product meets the requirements if
the deflection is less than 11 mm (0.43 in.).
(xvii) 7.14.5 Repeat the test on the remaining location.
(xviii) 7.15 Concavity Measurement
(xiv) 7.15.1 Configure the rocker with the Hinged Weight Gauge-
Infant installed and locate the head support line as shown in Figure 7
to paragraph (b)(10)(xiv).

[[Page 73567]]

Figure 7 to Paragraph (b)(10)(xiv)--Width L Measurement
[GRAPHIC] [TIFF OMITTED] TP26OC23.016

(xx) 17.15.2 Measure the width L, along the head support line and
the interior of the side supports as shown in Figure 7 to paragraph
(b)(10)(xiv).
(xxi) 7.15.3 Place a rigid bar between the side support and over
the head support line. Measure the maximum vertical distance d, from
the bottom of the bar to the hinged weight gauge (Figure 8 to paragraph
(b)(10)(xxi)). Calculate the depth D by adding the thickness of the
Hinged Weight Gauge-Infant to the vertical distance from the bottom of
the bar to the top of the Hinged Weight Gauge-Infant.

Figure 8 to Paragraph (b)(10)(xxi)--Depth D = d + Thickness of the
Gauge
[GRAPHIC] [TIFF OMITTED] TP26OC23.017

(xxii) 7.15.4 Using the equation shown in Figure 9 to this
paragraph (b)(10)(xxii), calculate the concavity r by inputting the
width L and depth D into the equation below. r values greater than 22
cm (8.66 in.) meet the concavity requirement.

Figure 9 to Paragraph (b)(10)(xxii)--Concavity Equation
[GRAPHIC] [TIFF OMITTED] TP26OC23.018

(The larger the radius, the flatter the product, and vice versa).
(xxiii) 7.16 Warning Label Visibility Test:
(xxiv) 7.16.1 Place rocker on the floor.
(xxv) 7.16.2 Place and secure the Newborn CAMI dummy (Figure 2 to
section 2 of ASTM F3084-22) in the rocker.
(xxvi) 7.16.3 Visibility Tests with and Without Accessories and Toy
Bars:
(xxvii) 7.16.3.1 Visibility with CAMI Dummy Restrained in Seat--
Place the CAMI Newborn Dummy in the product with the restraint system
engaged according to the manufacturer's instructions. While standing in
front of the product with the Newborn CAMI dummy installed, verify that
the required warnings are visible and placed above an imaginary
horizontal line that crosses through the junctions of under arm and
side of the torso armpits on both left and right sides and not obscured
by any part of the dummy (Figure 10 to paragraph (b)(10)(xxvii)).

Figure 10 to Paragraph (b)(10)(xxvii)--Allowable Area for Warning Label
Placement Starts From the Dotted Line That Crosses the Junctions of
Underarm and Both Sides of the Torso

[[Page 73568]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.019

Note 4 to Figure 10 to paragraph (b)(10)(xxvii): The placement
of the warnings is only applicable to the English language portions
of the warning label.

(xxviii) 7.16.3.2 Visibility with Accessories (Excluding Toy
Bars)-- Rockers that include any accessory(ies) that could potentially
obscure the warnings shall comply with visibility requirements of 7.16
both with such accessory(ies) in place (in all configurations and
combinations) and with the accessory(ies) removed.
(xxix) 7.16.3.3 Visibility with Toy Bar--If any part of the
required warnings is obscured by a toy bar or its attached toys but is
visible with a shift of the observer's head position, then this is
considered acceptable.
(11) Remove section 8.6.7, with Figure 14 and Figure 15 in ASTM
F3084-22, from ASTM F3084-22.
(12) Add section 8.6.8 to ASTM F3084-22:
8.6.8 Warning Location--The applicable warnings as specified in 8.7
shall be on the front surface of the rocker seat back so as to comply
with the visibility requirements in 7.16.
(13) Instead of complying with section 8.7.1 of ASTM F3084-22,
comply with the following:
Warning Statements--Each product shall have warning statements. The
text must address the warnings as shown in Figure 11 to paragraph
(b)(13).

Note 5 to paragraphs 13, 14, and 15: ``Address'' means that
verbiage other than what is shown can be used as long as the meaning
is the same or information that is product-specific is presented.

Figure 11 to Paragraph (b)(13)
[GRAPHIC] [TIFF OMITTED] TP26OC23.020

(14) Instead of complying with section 8.7.2 of ASTM F3084-22,
comply with the following:
Warning Statements--Each product shall have warning statements. The
text must address the warnings as shown in Figure 12 to paragraph
(b)(14):

Figure 12 to Paragraph (b)(14)

[[Page 73569]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.021

(15) Instead of complying with section 8.7.3 of ASTM F3084-22,
comply with the following:
(i) Warning Statements--Each product shall have warning statements.
The text must address the warnings as shown in Figure 13 to paragraph
(b)(15)(ii) or Figure 14 to paragraph (b)(15)(ii):
(ii) 8.7.3 Infant/toddler Rockers with Shoulder Straps as Part of
the Restraint System may use either 8.7.3.1 or 8.7.3.2.

Figure 13 to Paragraph (b)(15)(ii)
[GRAPHIC] [TIFF OMITTED] TP26OC23.022

Figure 14 to Paragraph (b)(15)(ii)

[[Page 73570]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.023

(16) In addition to complying with section 8.8 of ASTM F3084-22,
comply with the following:
8.8 Manufacturers may present the SUFFOCATION & ASPHYXIA HAZARD and
FALL HAZARD warning information on separate labels. If presented
separately, both labels shall still meet the requirements set forth in
sections 7.16 and 8.6.
(17) Instead of complying with section X1.2 of ASTM F3084-22,
comply with the following:
X1.2 Subsection 6.3.1.1--The forward stability test is required if
the rocker is to be used after a child can sit up unassisted due to
incident data showing injuries because of occupants leaning forward
between the ages of 6 and 9 months.
(18) Replace Figure 8 in ASTM F3084-22 with the following:

Figure 15 to Paragraph (b)(18)--Forward Stability Test Fixture
[GRAPHIC] [TIFF OMITTED] TP26OC23.024

[[Page 73571]]

Note 6 to Figure 15 to paragraph (b)(18): Reprinted, with
permission, from ASTM F2167-22 Standard Consumer Safety
Specification for Infant Bouncer Seats, copyright ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. A
copy of the complete standard may be obtained from ASTM
International, <a href="http://www.astm.org">www.astm.org</a>.

Sarah Bock,
Paralegal Specialist, Consumer Product Safety Commission.
[FR Doc. 2023-23322 Filed 10-25-23; 8:45 am]
BILLING CODE 6355-01-C

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