Notice2023-26364
Agency Information Collection Activities; Proposed Collection; Comment Request; Investigation of Smart Toys and Additional Toys Through Child Observations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 30, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
Pursuant to the Paperwork Reduction Act of 1995 (PRA), this is the Consumer Product Safety Commission's (CPSC or Commission) second notice inviting public comment about a request for approval from the Office of Management and Budget (OMB) for a new information collection. The proposed collection is associated with CPSC's investigation, through child observations and caregiver questionnaires, of smart toys and additional toys (take-apart vehicles, musical instruments, figurines, plush toys with electronic components, and manipulatives) to consider children's ability to interact with toys as the manufacturer intended and assist in updating CPSC's age determination guidelines. We received one comment on the first notice, which we address in this notice, and again describe the proposed collection of information. By publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for approval of the collection of information, as proposed.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83533-83536]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26364]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 2023-0031]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Investigation of Smart Toys and Additional Toys
Through Child Observations
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Paperwork Reduction Act of 1995 (PRA), this is
the Consumer Product Safety Commission's (CPSC or Commission) second
notice inviting public comment about a request for approval from the
Office of Management and Budget (OMB) for a new information collection.
The proposed collection is associated with CPSC's investigation,
through child observations and caregiver questionnaires, of smart toys
and additional toys (take-apart vehicles, musical instruments,
figurines, plush toys with electronic components, and manipulatives) to
consider children's ability to interact with toys as the manufacturer
intended and assist in updating CPSC's age determination guidelines. We
received one comment on the first notice, which we address in this
notice, and again describe the proposed collection of information. By
publication of this notice, the Commission announces that CPSC has
submitted to the OMB a request for approval of the collection of
information, as proposed.
DATES: Submit written or electronic comments on the collection of
information by January 2, 2024.
ADDRESSES: Submit comments about this request by email:
<a href="/cdn-cgi/l/email-protection#fcb3b5aebda38f899e91958f8f959392bc93919ed299938cd29b938a"><span class="__cf_email__" data-cfemail="06494f5447597573646b6f75756f696846696b642863697628616970">[email protected]</span></a> or fax: 202-395-6881. Comments by mail
should be sent to the Office of Information and Regulatory Affairs,
Attn: OMB Desk Officer for the CPSC, Office of Management and Budget,
Room 10235, 725 17th Street NW, Washington, DC 20503. In addition,
written comments that are sent to OMB, also should be submitted
electronically at: <a href="http://www.regulations.gov">http://www.regulations.gov</a>, under Docket No. CPSC-
2023-0031, by any of the following methods:
Electronic Submissions: CPSC encourages you to 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 as described below.
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#5d3e2d2e3e70322e1d3e2d2e3e733a322b"><span class="__cf_email__" data-cfemail="13706360703e7c6053706360703d747c65">[email protected]</span></a>.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal
[[Page 83534]]
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>; insert the
docket number, CPSC-2023-0031, into the ``Search'' box; and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
(301)504-7791, or by email to: <a href="/cdn-cgi/l/email-protection#1350547a7f7f7b727e53706360703d747c65"><span class="__cf_email__" data-cfemail="6320240a0f0f0b020e23001310004d040c15">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3521), before an agency submits a proposed collection
of information to OMB for approval, it must first publish a document in
the Federal Register providing a 60-day comment period and otherwise
consult with members of the public and affected agencies concerning the
proposed collection of information. CPSC published notice of this
collection on August 7, 2023, and received one comment. 88 FR 52142.
CPSC has not made any changes in the study based on that comment.
I. Burden Description
Under the PRA, CPSC is publishing the following information: \1\
---------------------------------------------------------------------------
\1\ On November 21, 2023, the Commission voted (4-0) to publish
this notice.
---------------------------------------------------------------------------
[ssquf] A title for the collection of information;
[ssquf] A summary of the collection of information;
[ssquf] A brief description of the need for the information and the
proposed use of the information;
[ssquf] A description of the likely respondents and proposed
frequency of response to the collection of information;
[ssquf] An estimate of the burden that will result from the
collection of information; and
[ssquf] Notice that comments may be submitted to the agency and
OMB.
44 U.S.C. 3507(a)(1)(D). Specifically, the Commission provides the
following information:
Title: Investigation of Smart Toys and Additional Toys Through
Child Observations.
OMB Control Number: New.
Type of Request: New information collection requirement.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 1 year from date of
approval.
Summary of the Collection of Information: CPSC proposes to conduct
individual in-person data collection sessions with up to 60 children
aged 2 to 4 years old and their caregivers, for a total of 120
participants. Caregivers will answer a series of screening questions to
determine if the caregiver and child meet the criteria for enrollment
in the study. CPSC will enroll in the data collection study children
and caregivers who meet the screening criteria and are willing to
participate.
Over 2 in-person sessions, researchers will collect data primarily
through direct human observations of children's interactions with toys
and caregivers' responses to questionnaires. In each session,
researchers will introduce children to 4 or 5 toys chosen from 6 toy
categories (smart toys, take-apart vehicles, musical instruments,
figurines, plush toys with electronic components, and manipulatives).
The researcher will demonstrate for the child how to use each toy and
then document the child's play patterns with the toy, noting the
child's ability to interact with each toy consistent with the
manufacturer's instructions. Researchers will use coding checklists to
document real-time observations of the child's interactions with the
toys, in the form of concrete behaviors across different modalities,
such as gross motor (e.g., turns figurines head), fine motor (e.g.,
slides switch on/off), and behavioral (e.g., feeds an animal, engages
in pretend play with one or multiple figurines), which demonstrate the
child's ability to use the toy as intended.
Caregivers will respond to researcher questions about the
caregiver's perception of their child's ability to interact with the
selected toys as intended, potential purchasing decisions for the
specific toys, and whether the caregiver would demonstrate how to play
with the toys or some of the components as the manufacturer intends.
Researchers will record on paper forms their observations of children's
interactions and caregiver's responses to questions about the toys.
Researchers will randomize the presentation order of the toys for
each caregiver/child pair to preclude any effects of sequence and
control for learning or fatigue that might take place. Also,
researchers will use video cameras to record each child's interaction
with a toy. Researchers will use the video as a backup reference for
real time coding.
Researchers will separate out all personally identifiable
information from data collected. Also, researchers will separate out
from collected information all identifying information from the initial
screening, as well as scheduling. This information will be kept on a
secure server in password protected files and discarded by researchers
when no longer needed. At the end of each session, researchers will
save the video data onto a secure server. Researchers will enter data
recorded on the paper forms into a secure database, which also will be
kept on a secure server. Researchers will limit access to this
information and will summarize all information collected during the
sessions using generic categories and summary statistics.
Description of the Need for the Information and Proposed Use of the
Information: Created in 1972, the CPSC is an independent federal
regulatory agency with a public health and safety mission to protect
the public from unreasonable risks of injury and death from consumer
products used in and around the home, in recreation, and in schools. As
part of this statutory mandate, CPSC is authorized to conduct research
on consumer products and behavior to identify and address product
safety hazards, as well as to develop efficient and effective means of
bringing about safety improvements. This information collection
supports the Commission's strategic goal of safety.
Age-appropriate toys are important for the physical, intellectual,
and socioemotional development of children. Age-appropriate toys can
help children learn, develop imaginative capacities, and refine motor
coordination. However, interacting with toys intended for older
children poses a potential risk for a child to be seriously or fatally
injured. In 2021, an estimated 206,400 toy-related injuries were
treated in U.S. hospital emergency rooms.\2\ Of the 206,400 toy-related
injuries, an estimated 74% happened to children 14 years of age or
younger; 69% occurred to children 12 years of age or younger; and 37%
happened to children 4 years of age or younger.
---------------------------------------------------------------------------
\2\ Consumer Product Safety Commission: Toy-Related Deaths and
Injuries, Calendar Year 2021. November, 2022: Toy-Related Deaths and
Injuries, Calendar Year 2021; available at: <a href="https://www.cpsc.gov/Research--Statistics/Toys-and-Childrens-Products">https://www.cpsc.gov/Research--Statistics/Toys-and-Childrens-Products</a>.
---------------------------------------------------------------------------
To identify a toy's safety hazards, the CPSC Division of Human
Factors first determines the intended age group of potential users.
CPSC considers age determinations for toys to be of
[[Page 83535]]
paramount importance because age-grading and labeling can be used to
assist consumers in making purchasing decisions, and also serve as the
basis for the toy's regulatory requirements and the associated testing
parameters. For example, toys intended for children under 8 years of
age are required to undergo use and abuse tests based on actual use and
misuse by children of that age. Test specifications vary for different
age groups (i.e., children 18 months and younger, 19-36 months, and 37-
95 months). Toys intended for children younger than 3 years old cannot
contain small parts. Additionally, since 2008, CPSC regulations
establish lead and phthalates limitations for many products intended
for children 12 years of age.
CPSC staff consider numerous toy characteristics when determining
the intended age, including the physical characteristics of the toy
(e.g., size and weight of the toy and its components), the cognitive
requirements for using the toy as intended, the fine motor or other
physical skills required to use the toy as the manufacturer intended,
and the toy's theme and appearance. The CPSC's Age Determination
Guidelines: Relating Consumer Product Characteristics to the Skills,
Play Behaviors, and Interests of Children (Guidelines), available at
<a href="https://www.cpsc.gov/content/2020-Age-Determination-Guidelines">https://www.cpsc.gov/content/2020-Age-Determination-Guidelines</a>, provide
details and examples for each of these characteristics for different
age groups. Manufacturers can use the Guidelines to generate an
intended age during a toy's design phase. Manufacturers can also use
the Guidelines to accurately age label a product, which promotes safety
by informing consumer purchasing and toy-safety decisions (meaning
which toys are appropriate to allow a child to play with).
Although the Guidelines include extensive information about a large
variety of toys, some toy categories are not well covered in the
Guidelines because they include toys that are new to the U.S. market
since the research that went into the 2020 version of the Guidelines.
While smart toys are discussed in the Guidelines, this category of toys
evolves rapidly, so the Guidelines may not represent what is currently
in the market. Other toys such as figurines, interlocking building
sets, and musical toys are discussed in the Guidelines, though not
extensively. This data collection will add to the information about
selected toys in six toy categories (smart toys, take-apart vehicles,
musical instruments, figurines, plush toys with electronic components,
and manipulatives), and enrich CPSC's understanding regarding the ages
of children who are interested in these toys and who possess the skills
and cognitive ability to use them as intended. This data collection
will provide information to help CPSC determine the developmentally
appropriate ages for selected toys. Ultimately, the data collection
will inform the various stakeholders who use the information contained
in the Guidelines.
Affected Public: Children between 2 and 4 years of age and their
caregivers.
Estimated Number of Respondents: 60 children and 60 caregivers,
totaling 120 individuals.
Frequency: One-time data collection that will take place over 2 in-
person sessions. The first session will last up to 80 minutes, and the
second session will last up to 80 minutes.
Estimated Total Annual Burden Hours: CPSC plans to pilot test the
study with 4 participants (2 caregivers and 2 children) with a maximum
time burden of 2.67 hours per person (10.68 hours). CPSC also assumes a
15-minute completion time for the recruitment screener questionnaire to
be filled out by a maximum of 100 people, to select 60 adult
participants (25 hours).
CPSC estimates that the total time for each selected respondent
pair (caregiver/child) to participate in the data collection will
likely not be more than 160 minutes. Therefore, each participant has a
maximum time burden of 2.67 hours. Data collection duration for each
respondent will be 2.67 hours, or a total of 160 hours for 60
respondent pairs. Respondent pairs will not incur any reporting costs
from the information collection. The pairs also will not incur a record
keeping burden or record keeping costs from this information
collection. We will assume an hourly wage rate of $31.54 for each
respondent pair (caregiver and child).\3\
---------------------------------------------------------------------------
\3\ Average hourly wage across all occupations from <a href="https://www.bls.gov/oes/current/oes_va.htm#00-0000">https://www.bls.gov/oes/current/oes_va.htm#00-0000</a>. CPSC uses occupational
wage estimates for Virginia because the study will be conducted in
the area.
---------------------------------------------------------------------------
Accordingly, the total burden hours to recruit participants and for
selected respondents to participate is 356 hours (recruitment screening
time (25 hours), pilot study (10.68 hours), and the main study (2.67
hours x 120 participants)).
The total cost of this collection to the federal government is
$93,345 annually. This represents 6 months of staff time. This amount
includes federal employee salaries and benefits. No travel costs are
associated with the collection. This estimate uses an annual salary of
$126,949 (the equivalent of a GS-13, Step 5 employee, in the Washington
DC area in 2023) \4\ which represents 68.0 percent of the employer
costs for employee compensation. The remaining 32.0 percent of employer
costs are added for benefits (U.S. Bureau of Labor Statistics,
``Employer Costs for Employee Compensation,'' March 2023, percentage of
wages and salaries for all civilian management, professional, and
related employees),\5\ for a total annual compensation per FTE of
$186,690.
---------------------------------------------------------------------------
\4\ <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/DCB.pdf">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/DCB.pdf</a>.
\5\ <a href="https://www.bls.gov/news.release/archives/ecec_06162023.pdf">https://www.bls.gov/news.release/archives/ecec_06162023.pdf</a>.
---------------------------------------------------------------------------
Estimated Total Annual Burden Cost: $104,573.24 (Respondents:
$11,228.24 (31.54/hr. x 356 hours) + Federal Government: $93,345).
II. Comment Response
Comment Summary: The National Center for Health Research submitted
a comment on the proposal, supporting CPSC's research but concerned
that the study design will not provide the needed information. The
commenter suggests that CPSC may need at least twice as many as the 60
children and 60 caregivers in the study to determine products
appropriate for children ages 2 to 4. The commenter believes that the
study should include more children to represent the diversity of U.S.
children in the 3-year age group for cognitive and social development,
socio-economic status, and social and cultural differences, because
these differences could influence the ability to use toys safely and
effectively. The commenter states that even 120 children may not be an
adequate sample size because each child would only be evaluated
regarding 4 of the 6 different toy categories, opining that more
children are necessary to study appropriate labeling for children under
3 years old, and that increasing the number and diversity of children
and caregivers that engage with each toy category is essential to
provide information that will be reliable and generalizable for
families across the country.
CPSC's Response: The proposed data collection is not intended to
provide nationally representative data; this research is exploratory.
Further, as this is largely a descriptive study, CPSC does not plan on
conducting inferential statistics and doing hypothesis testing.
Researchers will gather information by documenting children's play
patterns with selected toys from each of six toy categories that are
not addressed in CPSC's Guidelines (i.e., smart toys, take-apart
vehicles, musical instruments, figurines, plush toys with electronic
components, and manipulatives). Given
[[Page 83536]]
that children's play behaviors with these toy categories have not been
thoroughly examined, this research is an initial exploration of the
types of play behaviors children of different age groups exhibit when
interacting with the selected toys. Researchers will gather information
by observing children's play patterns in a laboratory setting and
noting how they interact with selected toys. The controlled laboratory
setting will allow researchers to explore developmental differences in
play patterns among the age groups.
Additionally, the duration of each session provides the researchers
an opportunity to observe naturalistic play behaviors without rushing
the child through interacting with the toy. Researchers will code and
summarize observation data while the child is interacting with the toy.
Researchers will tabulate descriptive statistics to identify the
universe of behaviors for each age group and toy, and, when possible,
compare children's play with toys that are intended for their age,
versus toys that are intended for children either older or younger.
Collecting this data will add to the available information about toys
in six toy categories and inform potential next steps in the age-
grading process.
Because pilot testing per pair could be up to a maximum of 80
minutes for each session, CPSC is calculating the overall possible
information collection participant burden based upon a 160-minute
maximum burden. Researchers determined the duration of sessions to
balance adequate time for observation, needed breaks for the child, and
not overburdening the child.
The commenter expressed concern that ``Each child would only be
evaluated regarding 4 of the 6 different toy categories.'' In fact, the
researchers will introduce children to selected toys from 6 toy
categories (smart toys, take-apart vehicles, musical instruments,
figurines, plush toys with electronic components, and manipulatives) in
each of the sessions. During the first session they will be introduced
to 4 toys and during the second session they will be introduced to 5
toys, for a total of 9 toys. The order in which the toys are presented
will be randomized to preclude the effects of fatigue and learning from
one toy to the next.
Elina Lingappa,
Paralegal Specialist, Consumer Product Safety Commission.
[FR Doc. 2023-26364 Filed 11-29-23; 8:45 am]
BILLING CODE 6355-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.