[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 [www.gpo.gov]
[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: https://www.regulations.gov. 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: [email protected].
    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: https://www.regulations.gov. 
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: https://www.regulations.gov, 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: [email protected].

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: www.astm.org/cpsc.htm. To download or print the 
standard, interested persons may purchase a copy from ASTM, through its 
website (www.astm.org), 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: [email protected]. 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 SaferProducts.gov, 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 https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing.
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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: https://forms.office.com/g/WwGfAvpwg0. 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: [email protected]. 
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