[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52142-52145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16790]


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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.

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SUMMARY: Pursuant to the Paperwork Reduction Act of 1995 (PRA), the 
Consumer Product Safety Commission

[[Page 52143]]

(CPSC or Commission) invites 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. Before CPSC can collect this information from 
the public, we must solicit public comment on this proposed collection 
of information and receive OMB approval. This notice describes the 
collection of information for which CPSC intends to seek OMB approval.

DATES: Submit written or electronic comments on the collection of 
information by October 6, 2023.

ADDRESSES: You can submit comments, identified by 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: https://www.regulations.gov. 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: [email protected].
    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: https://www.regulations.gov. 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: https://www.regulations.gov; 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: [email protected].

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. In this notice we provide the 
estimated burden associated with a new information collection for 
CPSC's investigation, through child observations and caregiver 
questionnaires, of smart toys and additional toys to consider 
children's ability to interact with toys as the manufacturer intended, 
to inform CPSC's age determination guidelines.\1\ Under the PRA, an 
agency must publish the following information:
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    \1\ On August 1, 2023, the Commission voted (4-0) to publish 
this notice.
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    [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). In accordance with this requirement, 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 2-4 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 two 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 4-5 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 as the manufacturer intended. 
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., feeding 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

[[Page 52144]]

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 the 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.
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    \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: https://www.cpsc.gov/Research--Statistics/Toys-and-Childrens-Products.
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    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 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 
possess small parts. Additionally, since 2008, CPSC regulations require 
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. CPSC's Age Determination 
Guidelines: Relating Consumer Product Characteristics to the Skills, 
Play Behaviors, and Interests of Children (Guidelines), available at 
https://www.cpsc.gov/content/2020-Age-Determination-Guidelines, 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. 
Conversely, 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 2-4 years 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 two 
in-person sessions. The first session will last 80 minutes, and the 
second session will last 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).
    Once selected for the study, CPSC estimates that the total time for 
each 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. Each respondent pair will not incur any 
reporting costs from the information collection. The pair 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\
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    \3\ https://www.bls.gov/oes/current/oes_va.htm#00-0000.
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    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

[[Page 52145]]

related employees),\5\ for a total annual compensation per FTE of 
$186,690.
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    \4\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/DCB.pdf.
    \5\ https://www.bls.gov/news.release/archives/ecec_06162023.pdf.
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    Estimated Total Annual Burden Cost: $104,573.24 (Respondents: 
$11,228.24 (31.54/hr. x 356 hours) + Federal Government: $93,345).
    Comments: CPSC requests that interested parties submit comments 
regarding this proposed information collection (see the ADDRESSES 
section at the beginning of this notice). Pursuant to 44 U.S.C. 
3506(c)(2)(A), the Commission specifically invites comments on:
     Whether the proposed collection of information is 
necessary for the proper performance of CPSC's functions, including 
whether the information will have practical utility;
    [ssquf] The accuracy of CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    [ssquf] Ways to enhance the quality, utility, and clarity of the 
information the Commission proposes to collect;
    [ssquf] 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;
    [ssquf] The estimated burden hours associated with child toy 
observations and caregiver surveys, including any alternative 
estimates; and
    [ssquf] The estimated respondent cost other than burden hour cost.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-16790 Filed 8-4-23; 8:45 am]
BILLING CODE 6355-01-P