Proposed Rule2024-18133
Safety Standard for Infant and Infant/Toddler Rockers; Supplemental Information; Notice of Availability and Request for Comment
Primary source
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Published
August 22, 2024
Issuing agencies
Consumer Product Safety Commission
Abstract
The U.S. Consumer Product Safety Commission (Commission or CPSC) published a notice of proposed rulemaking (NPR) in October 2023 to address risks of death and injury associated with infant suffocations, falls, and other hazards associated with infant and infant/toddler rockers (rockers). CPSC announces the availability of, and seeks comment on, details about incident data relevant to the rulemaking and associated with infant and toddler rocker use. CPSC also seeks comment on a standard tessellation language (STL) file (used in computer-aided design) for a firmness test fixture proposed in the NPR, and a updated version of the voluntary standard for rockers.
Full Text
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<title>Federal Register, Volume 89 Issue 163 (Thursday, August 22, 2024)</title>
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[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Proposed Rules]
[Pages 67917-67919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18133]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112, 1130, and 1240
[Docket No. CPSC-2023-0046]
Safety Standard for Infant and Infant/Toddler Rockers;
Supplemental Information; Notice of Availability and Request for
Comment
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed rule; availability of supplemental information;
request for comment.
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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) published a notice of proposed rulemaking (NPR) in October 2023
to address risks of death and injury associated with infant
suffocations, falls, and other hazards associated with infant and
infant/toddler rockers (rockers). CPSC announces the availability of,
and seeks comment on, details about incident data relevant to the
rulemaking and associated with infant and toddler rocker use. CPSC also
seeks comment on a standard tessellation language (STL) file (used in
computer-aided design) for a firmness test fixture proposed in the NPR,
and a updated version of the voluntary standard for rockers.
DATES: Submit comments by September 23, 2024.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2023-0046, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. CPSC does not accept comments
submitted by email, except as described below. CPSC encourages you to
submit electronic comments by using the Federal eRulemaking Portal.
Mail/Hand Delivery/Courier Written Submissions: Submit comments by
mail/hand delivery/courier to: Office of the Secretary, U.S. 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#37544744541a5844775447445419505841"><span class="__cf_email__" data-cfemail="3b584b48581654487b584b4858155c544d">[email protected]</span></a>.
Instructions: All submissions must include the agency name and
docket number for this notice. 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 electronically: 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 written submissions.
Docket: To read background documents or comments regarding this
proposed rulemaking, go to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert Docket
No. CPSC-2023-0046 in 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#c5bfa3aab6b1a0b785a6b5b6a6eba2aab3"><span class="__cf_email__" data-cfemail="146e727b6760716654776467773a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA) requires the Commission to promulgate
consumer product safety standards for durable infant or toddler
products. Under this statutory direction, in October 2023, the
Commission published an NPR, Safety Standard for Infant and Infant/
Toddler Rockers, to reduce the risk of death and injury associated with
rockers. 88 FR 73551 (Oct. 26, 2023).
The NPR defines an ``infant rocker'' as ``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
[[Page 67918]]
the aid of the caregiver or by other means,'' while an ``infant/toddler
rocker'' is ``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.'' 89 FR
2544.
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, 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 provisions included
performance requirements, warnings, and instructional literature. The
ASTM standard has been revised six times since 2014: in 2016, 2018,
2020, 2022, and twice after publication of the NPR (in January 2024 and
again in July 2024).
The January 2024 revision of ASTM's voluntary standard for rockers,
ASTM F3084-23, included: (1) revisions to the definitions to include an
upper weight limit for infant rockers and infant/toddler rockers; (2)
modification to restraint storage requirements; (3) clarification of
the forward stability test and modification to the static load
application location; and (4) addition of battery compartment
performance requirements and a battery leakage test. ASTM published its
latest revision on July 31, 2024--ASTM F3084-24. This revision includes
the January 2024 additions, while also establishing new elements
intended to address the tethered strap and/or cord hazards discussed in
the NPR. In relevant part, ASTM F3084-24 adds (1) definitions for
``cord,'' ``strap,'' and ``tethered strap and/or cord'' and (2)
performance requirements and test methods to address tethered strap
and/or cord hazards, including entrapment and entanglement, as well as
adds accompanying figures of test probes. CPSC intends to refer to the
July 2024 version of ASTM F3084 should it proceed to issuing a final
rule. CPSC will evaluate whether the NPR's recommended substantive
changes are addressed in ASTM's July 2024 version of the voluntary
standard. The Commission seeks comment on the proposed incorporation by
reference of ASTM F3084-24.
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 material
the agency proposes to incorporate by reference is reasonably available
to interested persons or how the agency worked to make the material
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, this section summarizes the provisions of ASTM
F3084-24 that the Commission proposes to incorporate by reference. ASTM
F3084-24 is copyrighted. By permission of ASTM, the standard can be
viewed as a read-only document during the comment period of this
rulemaking, at: <a href="http://www.astm.org/cpsc.htm">www.astm.org/cpsc.htm</a>. To download or print the
standard, interested persons may purchase a copy from ASTM, through its
website (<a href="http://www.astm.org">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; phone: 301-504-7479; email: <a href="/cdn-cgi/l/email-protection#a6c5d6d5c58bc9d5e6c5d6d5c588c1c9d0"><span class="__cf_email__" data-cfemail="32514241511f5d4172514241511c555d44">[email protected]</span></a>. The Commission is now making available to the public
incident reports underlying the data discussed in the NPR, as described
below.\1\ The Commission's intent is to disclose all relied-upon
incidents, including reports submitted into <a href="http://SaferProducts.gov">SaferProducts.gov</a>, hospital
database reports, In-Depth Investigations (IDIs), and incidents
submitted to CPSC by manufacturers and retailers under section 15 of
the Consumer Product Safety Act (CPSA), subject to the limits in
section 6 of the CPSA (section 15 reports). 15 U.S.C. 2055.
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\1\ The Commission voted unanimously (5-0) on August 6, 2024, to
publish this document.
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These reports have been redacted to protect personal information,
confidential medical information, and other information protected from
disclosure by section 6 of the CPSA. In particular, section 6(a) of the
CPSA prohibits CPSC from disclosing trade secrets and commercial or
financial information obtained from a person that is privileged or
confidential, and it requires CPSC to offer such manufacturer or
private labeler an opportunity to mark such information as
confidential. 15 U.S.C. 2055(a). If the Commission determines that a
report marked as confidential by a manufacturer or private labeler may
be disclosed because it is not confidential information as provided by
section 6(a)(2), the Commission must notify the manufacturer or private
labeler within a specified time frame before any disclosure. Section
6(b) of the CPSA also imposes limitations on CPSC's public disclosure
of information that will permit the public to ascertain readily the
identity of a manufacturer or private labeler but contains specific
exceptions for disclosure of such information in the course of or
concerning a rulemaking proceeding. 15 U.S.C. 2055(b)(4). Section
6(b)(5) of the CPSA contains limitations on public disclosure of
information if the information was submitted to CPSC pursuant to
section 15(b) of the CPSA, 15 U.S.C. 2064(b). 15 U.S.C. 2055(b).
Section 6(b)(5)(c) also prohibits disclosure of information submitted
pursuant to CPSA section 15(b) unless the firm submitting the
information ``agrees to its public disclosure.'' 15 U.S.C.
2055(b)(5)(C). Thus, prior to disclosure, CPSC offers such a
manufacturer or private labeler an opportunity to mark such information
as confidential, and it asks for the firm's agreement to release the
documents.
CPSC notified all four submitters who provided incident information
underlying the NPR to CPSC under section 15(b), and it sought consent
to release the incident information pursuant to section 6. All four
submitters consented to disclosure with redactions. Two of those firms
consented to disclosure of one section 15 report each, the third firm
consented to disclosure of six section 15 reports, and the fourth firm
consented to disclosure of 1,010 section 15 reports.
The NPR contained information about incidents from two databases:
the Consumer Product Safety Risk Management System (CPSRMS) \2\ and the
National Electronic Injury Surveillance System (NEISS).\3\ CPSC
[[Page 67919]]
staff searched these databases for fatalities, incidents, and concerns
associated with rockers and involving infants and toddlers up to five
years old, reported to have occurred between January 1, 2011, and
November 7, 2022. This search revealed data pertaining to at least 11
fatalities and 88 injuries, with 1,088 total incidents reported to
CPSC. The NPR included information about the hazard patterns associated
with these fatal and nonfatal incidents, such as the child's age,
hazard scenarios, and product-design concerns.
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\2\ CPSRMS includes data primarily from three groups of sources:
incident reports, death certificates, and in-depth follow-up
investigation reports. A large portion of CPSRMS consists of
incident reports from consumer complaints, media reports, medical
examiner or coroner reports, retailer or manufacturer reports
(incident reports received from a retailer or manufacturer involving
a product they sell or make), safety advocacy groups, law firms, and
federal, state, or local authorities, among others. It also contains
death certificates that CPSC purchases from all 50 states, based on
selected external cause of death codes (ICD-10). The third major
component of CPSRMS is the collection of in-depth follow-up
investigation reports. Based on the incident reports, death
certificates, or NEISS injury reports, CPSC Field staff conduct IDIs
(on-site, via telephone, or online) of incidents, deaths, and
injuries, which are then stored in CPSRMS.
\3\ NEISS is the source of the injury estimates; it is a
statistically valid injury surveillance system. NEISS injury data
are gathered from emergency departments of a representative sample
of U.S. hospitals, with 24-hour emergency departments and at least
six beds. The surveillance data gathered from the sample hospitals
enable CPSC staff to make timely national estimates of the number of
injuries associated with specific consumer products.
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Relevant data from CPSRMS for the 11-year period include records of
fatal and nonfatal incidents, such as incident reports from medical
examiners, consumers, death certificates, and manufacturers. Some of
the incident data relied on for the rulemaking were obtained from 47
IDIs conducted by CPSC. Among these IDIs, 11 were fatal incidents and
36 were nonfatal incidents. Incident data have been redacted for
personally identifiable information or confidential medical
information, as required by law and any applicable confidentiality
agreements.
Data available from NEISS for the 11-year period contain too few
emergency department-treated injuries associated with rockers to derive
reportable national estimates based on the NEISS-participating sample
hospitals. Although CPSC was unable to provide national injury
estimates based on NEISS data, one NEISS injury case is included in the
total count of reported incidents.
The Commission is also making available an STL file for the handle
of the firmness test fixture proposed in the NPR. Commenters on the NPR
indicated that the drawing of the fixture in the NPR was incomplete and
did not include enough detail to allow development and testing of the
proposed fixture.\4\ The STL file can be used to examine the handle
geometry, or to 3D print a handle similar to that used in the seated
product report referenced in the NPR \5\ and used by CPSC staff in
testing rockers. The Commission seeks comment on which design features
of the handle should be considered critical to the performance of the
firmness test; which features should be customizable by users based on
the test equipment that is attached to the handle; and whether any
changes should be made to the drawing of the handle based on the
assessment.
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\4\ Safety Standard for Infant and Infant/Toddler Rockers,
Notice of Proposed Rulemaking, published Oct. 26, 2023, Figure 4 to
Paragraph (b)(10)(x)--Hand-Held Firmness Test Device; 88 FR 73566.
\5\ 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>.
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The Commission invites comments on the incident data and analysis
of this data in the NPR, the STL file and its proposed use in the NPR,
and incorporation by reference of the updated ASTM standard, F3084-24.
Upon publication of this document in the Federal Register, CPSC will
make available for review and comment the incident reports relied upon
and discussed in the NPR, to the extent allowed by applicable law,
along with the associated IDIs. The data will be made available by
submitting a request at: <a href="https://forms.office.com/g/WwGfAvpwg0">https://forms.office.com/g/WwGfAvpwg0</a>. You
will then receive a website link to access the data at the email
address you provide. If you do not receive a link within two business
days, please contact Zachary S. Foster, email: <a href="/cdn-cgi/l/email-protection#3e4458514d4a5b4c7e5d4e4d5d10595148"><span class="__cf_email__" data-cfemail="b7cdd1d8c4c3d2c5f7d4c7c4d499d0d8c1">[email protected]</span></a>.
Information on how to submit comments and contact information for
CPSC's Office of the Secretary are in the ADDRESSES section of this
notice.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-18133 Filed 8-21-24; 8:45 am]
BILLING CODE 6355-01-P
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