Proposed Rule2025-06125
Petition Requesting a Mandatory Regulation for Child-Resistant Above-Ground and Portable Pool Ladders
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
April 10, 2025
Issuing agencies
Consumer Product Safety Commission
Abstract
The Consumer Product Safety Commission (Commission or CPSC) has received a petition requesting that the Commission establish a regulation for child-resistant above-ground and portable pool ladders to reduce the drowning deaths of children younger than 5 years of age, and particularly children between 1 and 3 years. The Commission invites written comments concerning the petition.
Full Text
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<title>Federal Register, Volume 90 Issue 68 (Thursday, April 10, 2025)</title>
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[Federal Register Volume 90, Number 68 (Thursday, April 10, 2025)]
[Proposed Rules]
[Pages 15324-15326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06125]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
[Docket No. CPSC-2025-0006]
Petition Requesting a Mandatory Regulation for Child-Resistant
Above-Ground and Portable Pool Ladders
AGENCY: Consumer Product Safety Commission.
ACTION: Request for comment on petition.
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SUMMARY: The Consumer Product Safety Commission (Commission or CPSC)
has received a petition requesting that the Commission establish a
regulation for child-resistant above-ground and portable pool ladders
to reduce the drowning deaths of children younger than 5 years of age,
and particularly children between 1 and 3 years. The Commission invites
written comments concerning the petition.
DATES: Submit comments by June 9, 2025.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2025-
0006, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at:
[[Page 15325]]
<a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the instructions for submitting comments.
Do not submit through this website: confidential business information,
trade secret information, or other sensitive or protected information
that you do not want to be available to the public. CPSC typically does
not accept comments submitted by email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479. If you wish to submit confidential business
information, trade secret information, or other sensitive or protected
information that you do not want available to the public, you may
submit such comments by mail, hand delivery, courier, or you may email
them to: <a href="/cdn-cgi/l/email-protection#0c6f7c7f6f21637f4c6f7c7f6f226b637a"><span class="__cf_email__" data-cfemail="6a091a19094705192a091a1909440d051c">[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 identifiers, contact information, or other personal
information provided, to: <a href="http://www.regulations.gov">www.regulations.gov</a>. Do not submit to 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="http://www.regulations.gov">www.regulations.gov</a>, and insert the docket
number, CPSC-2025-0006, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, Office of the
Secretary, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: 301-504-7479; email: <a href="/cdn-cgi/l/email-protection#b1d2c1c2d29cdec2f1d2c1c2d29fd6dec7"><span class="__cf_email__" data-cfemail="e083909383cd8f93a083909383ce878f96">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On January 22, 2025, Carol Pollack-Nelson,
Ph.D., of Independent Safety Consulting, LLC (Petitioner), submitted a
petition requesting that the Commission establish a mandatory
regulation for child-resistant above-ground and portable pool ladders
to reduce the drowning deaths of children younger than 5 years of age,
and particularly children between 1 and 3 years, the age group asserted
to be at greatest risk.
The Petitioner notes that two voluntary standards are relevant to
this petition: (1) ASTM Standard Specification for Aboveground Portable
Pools for Residential Use, ASTM F2666-16; and (2) ANSI/APSP/ICC-4 2012
American National Standard for Aboveground/Onground Residential Pools.
ASTM F2666-16 covers all types of portable pools with a water depth of
less than 36 inches (91 cm). ANSI/APSP-4 pertains to aboveground/on
ground residential swimming pools with a water depth of 36 inches (91
cm) or greater.
The Petitioner asserts that since 2016, the ASTM voluntary standard
for portable pools, ASTM F2666-16, Safety Specification for Aboveground
Portable Pools for Residential Use,\1\ has included a ``general
requirement'' for child resistance on pool ladders. The requirement in
section 5.1 of ASTM F2666-16 states, ``Any ladders sold with or for use
with Type A \2\ or Type B \3\ pools shall meet all the applicable
requirements found in ANSI/APSP-4 and be child resistant to the degree
of preventing unauthorized access for children under the age of five
years.'' ANSI/APSP-4, American National Standard for Aboveground/
Onground Residential Swimming Pools, contains requirements for ladder
warnings and performance standards.\4\ However, the Petitioner states
that there is no protocol or metric required to verify that a ladder is
child-resistant. Rather, section 5.1 of the voluntary standard states:
``Verification can be satisfied by document review.'' The Petitioner
also asserts that above-ground pools (having a side height measuring at
least 36 inches) are much more likely to be involved in child drownings
than portable pools.
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\1\ ASTM F2666-16 defines a ``portable pool'' as ``any movable
structure with the intended purpose of being used for swimming or
other water recreation by consumers, and having a water depth (at
the fill line) less than 36 in. (91 cm).'' F2666-16, sec. 3.1.6. A
copy of ASTM F2666-16 may be purchased from ASTM through its
website, <a href="http://www.astm.org">www.astm.org</a>.
\2\ Section 4.1.1 of the standard defines Type A pools as
``Pools with no means of water circulation or water treatment during
or after use. Such pools include but are not limited to wading
pools, splash pools, and kiddy pools.''
\3\ Section 4.1.2 of the standard defines Type B pools as
``Pools that are provided with a means or connection provisions to
add equipment for circulation and filtration of water.''
\4\ A copy of ANSI/APSP-4 may be purchased from ANSI through its
website, <a href="http://webstore.ansi.org">webstore.ansi.org</a>.
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The Petitioner asserts, based on a review and analysis of CPSC In-
Depth Investigations and CPSC data regarding nonfatal drowning injuries
and deaths related to pools, that child-resistant ladders are necessary
to mitigate the risk of drowning from children's access to above-ground
and portable pools. Therefore, the Petitioner requests that CPSC
develop a regulation that will require child-resistance for all pool
ladders sold with, or for, above-ground or portable pools to mitigate
the risk of drowning. Specifically, the Petitioner requests the
Commission promulgate a mandatory regulation to establish: (1) a child-
resistance requirement for A-frame and other ladders intended for
above-ground and portable pools; and (2) an objective and measurable
definition of ``child-resistant.''
The Commission seeks comment from the public concerning this
petition as well as any studies or data pertaining to child-resistance
for ladders intended to be used with above-ground and portable
pools.\5\ To the extent possible, commenters should provide specific
information, including reference to known documentation, engineering
studies, technical studies, reports of injuries, medical findings,
legal analyses, economic analyses, and environmental impact analyses.
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\5\ The Commission voted 5-0 to approve publication of this
notice.
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The major factors the Commission considers in deciding whether to
grant or deny a petition regarding a product include:
(1) Whether the product presents an unreasonable risk of injury.
(2) Whether a rule is reasonably necessary to eliminate or reduce
the risk of injury.
(3) Whether failure to initiate the requested rulemaking proceeding
would unreasonably expose the petitioner or other consumers to the risk
of injury which the petitioner alleges is presented by the product.
16 CFR 1051.9(a).
In considering these factors, the Commission will consider the
relative priority of the risk of injury associated with the product at
issue and the Commission's available resources. 16 CFR 1051.9(b). The
CPSC Policy on Establishing Priorities for Commission Action, 16 CFR
1009.8, sets forth the criteria upon which Commission priorities are
based.
[[Page 15326]]
The petition is available at: <a href="http://www.regulations.gov">http://www.regulations.gov</a>, under
Docket No. CPSC-2025-0006, Supporting and Related Materials.
Alternatively, interested parties may obtain a copy of the petition by
writing or calling the Office of the Secretary, Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301)
504-7479; email: <a href="/cdn-cgi/l/email-protection#d9baa9aabaf4b6aa99baa9aabaf7beb6af"><span class="__cf_email__" data-cfemail="d2b1a2a1b1ffbda192b1a2a1b1fcb5bda4">[email protected]</span></a>.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2025-06125 Filed 4-9-25; 8:45 am]
BILLING CODE 6355-01-P
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