Safety Standard for Carriages and Strollers, 13208-13216 [2014-05065]
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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations
(2) For airplanes identified in Group 2 of
Boeing Special Attention Service Bulletin
777–32–0083, Revision 2, dated May 2, 2013:
As of the effective date of this AD, no person
may install a retract actuator fuse pin having
part number 112W1769–1 on any airplane.
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effective date of AD 2012–12–08,
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25, 2012; corrected July 20, 2012 (77 FR
42625)), using Boeing Special Attention
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February 5, 2009, which is not incorporated
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(2) This paragraph provides credit for the
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Revision 1, dated February 17, 2011, which
is not incorporated by reference in this AD.
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send your request to your principal inspector
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(l) Related Information
(1) For more information about this AD,
contact Melanie Violette, Aerospace
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(2) You must use this service information
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(i) Boeing Special Attention Service
Bulletin 777–32–0083, Revision 2, dated May
2, 2013.
(ii) Reserved.
(3) For Boeing service information
identified in this AD, contact Boeing
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Issued in Renton, Washington, on February
18, 2014.
Ross Landes,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–04588 Filed 3–7–14; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112 and 1227
[Docket No. CPSC–2013–0019]
Safety Standard for Carriages and
Strollers
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
The Danny Keysar Child
Product Safety Notification Act, section
104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA),
requires the United States Consumer
Product Safety Commission
(Commission or CPSC) to promulgate
consumer product safety standards for
durable infant or toddler products.
These standards are to be ‘‘substantially
the same as’’ applicable voluntary
standards or more stringent than the
voluntary standards if the Commission
concludes that more stringent
requirements would further reduce the
risk of injury associated with the
products. The Commission is issuing a
safety standard for carriages and
strollers in response to the direction
under Section 104(b) of the CPSIA.
SUMMARY:
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The rule is effective on
September 10, 2015. The incorporation
by reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of September 10,
2015.
FOR FURTHER INFORMATION CONTACT:
Mike Lee, Compliance Officer,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814; telephone: 301–504–7737; email:
mlee@cpsc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
A. Background and Statutory Authority
The Consumer Product Safety
Improvement Act of 2008 (CPSIA, Pub.
L. 110–314) was enacted on August 14,
2008. Section 104(b) of the CPSIA, part
of the Danny Keysar Child Product
Safety Notification Act, requires the
Commission to: (1) Examine and assess
the effectiveness of voluntary consumer
product safety standards for durable
infant or toddler products, in
consultation with representatives of
consumer groups, juvenile product
manufacturers, and independent child
product engineers and experts; and (2)
promulgate consumer product safety
standards for durable infant and toddler
products. These standards are to be
‘‘substantially the same as’’ applicable
voluntary standards or more stringent
than the voluntary standards if the
Commission concludes that more
stringent requirements would further
reduce the risk of injury associated with
the products.
On May 20, 2013, the Commission
issued a notice of proposed rulemaking
(NPR) for carriages and strollers. 78 FR
29279. The NPR proposed to
incorporate by reference the voluntary
standard, ASTM 833–13, ‘‘Standard
Consumer Safety Performance
Specification for Carriages and
Strollers,’’ with certain changes to
provisions in the voluntary standard to
strengthen the ASTM standard.
In this document, the Commission is
issuing a safety standard for carriages
and strollers. As required by Section
104(b)(1)(A), the Commission consulted
with manufacturers, retailers, trade
organizations, laboratories, consumer
advocacy groups, consultants, and
members of the public in the
development of this proposed standard,
largely through the ASTM process. The
rule incorporates by reference the most
recent voluntary standard developed by
ASTM International (formerly the
American Society for Testing and
Materials), ASTM F833–13b, ‘‘Standard
Consumer Safety Performance
Specification for Carriages and
Strollers’’ (ASTM F833–13b), with a
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modification to address head
entrapment hazards associated with
multi-positional/adjustable grab bars.
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B. Product Description
The term ‘‘durable infant or toddler
product’’ is defined in section 104(f)(1)
of the CPSIA as a durable product
intended for use, or that may be
reasonably expected to be used, by
children under the age of 5 years.
‘‘Strollers’’ are specifically identified in
section 104(f)(2)(I) of the CPSIA as a
durable infant or toddler product.
ASTM F833–13b defines a ‘‘stroller’’ as
a wheeled vehicle to transport children
usually from infancy to 36 months of
age. Children are transported generally
in a sitting-up or semi-reclined position.
The motive power is supplied by a
person while pushing on a handle
attached to the stroller. Carriages, on the
other hand, are wheeled vehicles to
transport an infant, usually in a lying
down position. Thus, the principal
difference between strollers and
carriages is the position of the occupant.
Both carriages and strollers may be
capable of being folded for storage.
Umbrella strollers are lightweight,
compact when folded, and may lack
certain accessories, such as baskets
underneath the seat, or cup holders for
the caregiver. Strollers that fold in two
dimensions, the height and length, are
called ‘‘2D’’ strollers. Strollers that
collapse in all three dimensions—
height, length, and width—resulting in
a smaller folded package than 2D
strollers, are called ‘‘3D’’ strollers. Other
types of strollers include travel systems
that accommodate an infant car seat on
a stroller. Strollers intended to be used
at a jogging rate are called ‘‘jogging
strollers.’’ Some products can be used as
strollers and carriages (convertible
carriages/strollers). Convertible
carriages or strollers are intended to be
converted by the owner to be used as a
carriage or a stroller. Some strollers
incorporate automatic or assisted
folding and unfolding mechanisms. All
of these carriages and strollers fall
within the scope of ASTM F833–13b.
C. Market Description
The majority of carriages/strollers are
produced and/or marketed by juvenile
product manufacturers and distributors.
Currently, there are 85 known suppliers
of carriages/strollers to the U.S. market.
Thirty-four are domestic manufacturers,
36 are domestic importers, and four are
domestic firms with unknown supply
sources. In addition, 10 foreign firms
supply strollers to the U.S. market:
Seven foreign manufacturers, one firm
that imports products from foreign
companies and distributes them from
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outside of the United States, one foreign
retailer that ships directly to the United
States, and one firm with an unknown
supply source. There is an additional
manufacturer whose size and location
we could not determine.
According to a 2005 survey conducted
by the American Baby Group (2006
Baby Products Tracking Study), nearly
all new mothers (99 percent) own at
least one stroller. Applying this
information to Centers for Disease
Control and Prevention (CDC) birth data
indicates that nearly 4 million strollers
are owned by new mothers.
Approximately 26 percent of those
strollers were handed down or
purchased secondhand, according to the
2006 Baby Products Tracking Study.
Thus, about 74 percent of strollers were
acquired new, and approximately 3
million strollers are sold to households
annually (.99 × .74 × 4 million births per
year). Strollers can cost between $20 to
$700, depending upon the type and
brand of stroller. On average, umbrella
strollers tend to be the least expensive
(around $25–$50 for the least costly
versions); and most other strollers cost
around $150–$300, with many carriages,
travel systems, and jogging stroller costs
running in the $500–$700 range.
D. Incident Data
The preamble to the NPR summarized
the incident data reported to the
Commission from January 1, 2008
through December 31, 2012, involving
strollers. 78 FR 29281. In the NPR
CPSC’s Directorate for Epidemiology
staff identified four stroller-related
fatalities. In addition, 1,203 strollerrelated nonfatal incidents, 359 of which
resulted in injuries, were reported
during that time period.
The hazard patterns identified in the
NPR included issues with wheels,
parking brakes, lock mechanisms,
restraints, hinges, structural integrity,
stability/tip-over, clearance, car seat
attachment, canopies, handlebars, seats,
sharp points or edges, trays, and
unspecified or miscellaneous problems.
Since the NPR, 90 new incidents related
to carriages and strollers were reported
to the Commission between January 1,
2013 and June 30, 2013; these incidents
reportedly occurred between January 1,
2008 and June 30, 2013. There were no
new fatal incidents reported. Out of the
90 new incidents, 32 stroller-related,
nonfatal injuries were reported. Thus,
the total number of incidents reported
from January 1, 2008 through June 30,
2013, increased to 1,297 incidents,
including 4 fatalities, and 391 injuries.
The hazard patterns identified among
the 90 new incidents were similar to the
ones identified in the NPR. Wheel
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problems accounted for 25 of the 90
new incidents, which resulted in six
injuries. Lock mechanical failures
resulted in 11 incidents, causing five
injuries. Ten incidents, resulting in
three injuries, arose from stability
issues. Restraints were associated with
two injuries and eight noninjury
incidents.
Of the 90 new incidents, four
incidents required hospitalization. Two
incidents resulted in finger
amputations, one that occurred when a
child’s finger got caught in the folding
hinge; the second finger amputation
occurred when a stroller collapsed. The
third hospitalization involved a child
unbuckling the restraints, attempting to
leave the stroller, and getting caught on
the extended rivet used to latch the
folded stroller; this incident caused a
laceration to the crotch area. The fourth
hospitalization resulted from a stroller
rolling off a train platform and falling
onto the tracks with the child in the
stroller, causing a cut on the child’s
forehead.
The NPR also noted 78 reported
stroller incidents that involved children
older than 4 years of age and adults. Out
of the 78 incidents, 72 involved victims
between 17 and 64 years of age. Almost
all of the incidents (74 out of 78)
resulted in injuries, mostly to the
fingers. Six new incidents were reported
from January 1, 2013 to June 30, 2013,
for a total of 84 stroller incidents. Based
on the narratives provided, all six new
incidents involved children older than 4
years of age or adults, and the six
incidents each resulted in finger
injuries.
E. Overview of ASTM F833
ASTM first published a consumer
product safety standard for carriages
and strollers in 1983. ASTM F833,
‘‘Standard Consumer Safety
Performance Specification for Carriages
and Strollers,’’ established safety
performance requirements, test
methods, and labeling requirements to
minimize the hazards to children
presented by carriages and strollers.
ASTM F833 has been revised more than
20 times. The current standard, ASTM
F833–13b, was approved on November
1, 2013.
1. Proposed Rule
In the NPR, the Commission proposed
to incorporate ASTM F833–13, which
addressed many of the hazards patterns
identified for strollers. Among other
requirements, ASTM F833–13 provided:
• An improved test method for the
parking brake requirement;
• a new requirement and test method
to address head entrapment hazards
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associated with car seats on a stroller
(combination unit);
• a new requirement, test method,
and warnings to address wheel and
swivel assemblies’ detachments;
• an improved test method for
latching and locking mechanisms;
• a new requirement and test method
to address the scenario of the child
releasing the buckle of the restraint
system and a clarification on the buckle
closing system;
• a new requirement and test method
to address pinching, shearing, and
scissoring at the saddle hinge link on 3D
fold strollers;
• a new requirement and test method
to address pinching, shearing, and
scissoring at the canopy hinges;
• an improved requirement and test
method to address stability issues by
taking into account multiple seats facing
different directions, such as rotating
seats;
• a new requirement and test method
to address a strangulation hazard
associated with cords and straps within
the occupant space; and
• warning label clarifications.
In the NPR, the Commission also
proposed a performance requirement
and test method to address scissoring,
shearing, and pinching hazards
associated with 2D fold strollers, which
were already required for 3D fold
strollers. The Commission noted that
hinge issues caused the highest injury
rate of any stroller hazard category (75
incidents, resulting in 72 injuries). Most
of the hinge-related injuries resulted
from scissoring, pinching, or shearing at
the hinge link of 2D and 3D fold
strollers. Most of the incidents occurred
when a caregiver was unfolding the
stroller for use and the child was
climbing into the stroller. Reported
injuries involved pinched, lacerated, or
amputated fingers or arms, including
one hospitalization for reattachment of
a finger. For testing of the 2D fold
stroller and convertible carriage/
strollers, the Commission proposed a
test within an access zone based on the
incident data and the anthropometric
dimensions of a child occupant. The
Commission also proposed a test
method to test the frame folding action
of a stroller while the stroller is moved
from the completely folded to the
completely erect position and from the
partially folded position to the fully
erect and locked position (travel
distance calculation).
2. Current ASTM Standard for Carriages
and Strollers (ASTM F833–13b)
ASTM adopted the performance
requirement and test method proposed
by the Commission in a subsequent
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version of the ASTM standard, ASTM
F833–13a, to address scissoring,
shearing, and pinching hazards
associated with 2D fold strollers. ASTM
approved ASTM F833–13a on
September 15, 2013. On November 1,
2013, ASTM approved the current
version of the standard, ASTM F833–
13b, which adopts the performance
requirement and test method for 2D fold
strollers, with a modification to the
travel distance calculation to test for
scissoring, shearing, and pinching.
In this rule, the Commission
incorporates by reference ASTM F833–
13b because the Commission’s proposed
modifications in the NPR have been
adopted in ASTM F833–13b, including
the requirements and test methods for
2D fold strollers to address hazards
associated with scissoring, shearing, and
pinching. Specifically, ASTM F833–13b
provides a definition of a ‘‘2D fold
stroller’’ as a stroller that folds the
handlebars and leg tubes only in the
front-to-back (or back-to-front) direction.
To address the 2D fold stroller hazards,
ASTM F833–13b requires the frame
folding action of a 2D fold stroller and
convertible carriage/stroller to be
designed and constructed to prevent
injury from scissoring, shearing, or
pinching. Scissoring, shearing, or
pinching that may cause injury exists
when the edges of the rigid parts admit
a 0.210-in (5.33-mm) diameter probe but
do not admit a 0.375-in (9.53-mm)
diameter probe when tested. However,
units with a removable seat that
prevents the complete folding of unit
when still attached are exempt from this
requirement.
ASTM F833–13b also provides a test
method for 2D frame strollers to address
folding scissoring, shearing, and
pinching. In the NPR, the Commission
proposed a test method for scissoring,
shearing, and pinching hazards that may
occur while moving the stroller from a
completely folded and partially folded
position to the fully erect and locked
position. The test proposed in the NPR
calculated the travel distance based on
the distance between front and rear
wheels in an open position and in a
closed position. ASTM F833–13b
modified the travel distance calculation
for the test. The modified test shows the
travel distance based on the distance
between front and rear wheels only in
an open position. ASTM’s rationale for
the test explains that products are
evaluated for the last 1/3 of travel for a
predefined access zone because the last
1/3 of travel is considered the most
hazardous condition, where a seated
child’s hand may be vulnerable to
scissoring, shearing, and pinching
within the access zone while the
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caregiver is preoccupied with the final
stages of erecting the stroller.
CPSC staff compared both methods of
the calculation, using various strollers,
including strollers involved in
incidents. Although in certain strollers
the total amount of travel distance to be
tested would be less than the travel
distance proposed in the NPR, CPSC
staff’s review showed that the revised
test method would be less burdensome
and would provide an equal degree of
safety as the travel distance calculation
proposed in the NPR. According to
CPSC staff, under the revised travel
distance calculation, the most critical
part of the frame folding associated with
the incidents will be tested for
scissoring, shearing, or pinching.
Because the revised test is simpler to
use, and because the reduction in travel
distance does not make the test less
effective, the Commission incorporates
by reference ASTM F833–13b with the
revised travel distance calculation.
F. Response to Comments
The Commission received six
comments from manufacturers,
consumer advocacy groups, and trade
associations in response to the NPR. A
summary of each comment topic and
response is provided. In general, all of
the commenters support the mandatory
standard for carriages and strollers.
1. 2D Fold Stroller Test
Comment: One manufacturer
recommended simplifying the test
method that was included in the NPR,
as outlined in section 7.18.2 for units
where the front and rear wheels move
toward each other during folding, to
address scissoring, shearing, and
pinching hazards for 2D frame fold
strollers. The commenter proposed
determining the starting point for the
stroller test by beginning at 2/3 the
distance between the front and rear
wheel axles in an open position of the
stroller. The commenter stated that the
ASTM subcommittee was working to
include this starting point definition in
the next revision and requested that the
Commission review and adopt the
change to the test method once the
requirement is approved by the ASTM
subcommittee.
Response: ASTM has revised the
travel distance calculation in ASTM
F833–13b. CPSC staff compared the
travel distance calculation test proposed
in the NPR and the modified test in
ASTM F833–13b, using various
strollers, including certain incident
strollers. CPSC staff’s review showed
that the revised test is simpler, but the
revised test will still test the most
critical part of the frame folding
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associated with the incidents.
Accordingly, the Commission will adopt
ASTM F833–13b with the revised travel
distance calculation because the hazards
identified by CPSC staff (scissoring,
shearing, and pinching hazards in 2D
fold strollers) will be addressed
adequately by the test in ASTM F833–
13b.
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2. 2D Fold Stroller Access Zone
Comment: A commenter suggested an
exemption to the 2D fold stroller test
procedure, if there is a cover over the
hinge that is within the access zone; for
example, a stroller hinge that has a
cover over the top and sides of the
hinge, but the bottom is left open to
allow the frame members to rotate
during folding. The only way to access
the hinge would be to come up from
underneath or behind through the rear
of the stroller, which would not be
possible if a child is sitting in the
stroller or standing on the side of the
stroller. According to the commenter,
the ASTM subcommittee is currently
reviewing an additional requirement to
assess at what point a covering on a
hinge is sufficient protection from the
2D frame fold pinch hazard. The
commenter requested that the
Commission review and adopt the
additional requirement once the
additional requirement is approved by
the ASTM subcommittee.
Response: As discussed in the
preamble, ASTM 833–13b now
addresses hazards associated with frame
fold hinges for both 2D fold strollers and
3D fold strollers, regardless of the
direction of entry, to reduce the risk of
finger injury to a child who is sitting or
is about to sit in a stroller. CPSC staff
believes that there are many factors,
including the size, shape, and material
properties of the cover that may hinder
the cover’s effectiveness. Without more
information about protective covers and
how they would be used, the
Commission will not provide an
exemption for such covers without
further review and testing. However, if
ASTM subsequently publishes a
standard to include a protective cover
exemption, ASTM can notify the
Commission of the revision, and the
Commission would consider the
revision at that time.
3. Combined Braking and Stability Test
Comment: A commenter suggested
that the Commission adopt the
combined braking and stability test that
Consumer Reports uses in its testing.
The commenter stated that the test
evaluates both brake efficacy and
stability in various orientations on an
incline of 20°—as opposed to 12°. In
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addition, the commenter states that the
brake standard should assess how easy
it is to engage the brake, and reliably tell
if the brake is engaged.
Response: The parking brake
requirements were improved
significantly in the ASTM F833–13
version of the standard to approximate
the force that is applied to the parking
brake, if the 12° inclined plane was
increased to 20°. ASTM F833–13 also
included an improved requirement and
test method for multiple seats facing
different directions, such as rotating
seats, to address stability issues. These
requirements are included in ASTM
F833–13b. Therefore, the Commission
finds that the requirements in ASTM
F833–13b are adequate to address the
hazards associated with parking brakes
and stability issues and do not require
additional requirements at this time.
4. Irregular Surface Test
Comment: Two commenters suggested
that the Commission adopt the Irregular
Surface Test in EN 1888:2012. The
commenters stated that the irregular
surface test is a durability test that
evaluates the strollers for the expected
lifetime of the product.
Response: ASTM F833–13 included
improved parking brake, stability, wheel
detachment, and locking mechanism
requirements that address the hazards
associated with the structural issues
identified in the incident data. These
requirements are included in ASTM
F833–13b. CPSC staff’s review of fatigue
tests, such as the irregular surface test,
indicates that such tests are timeconsuming (and costly) and that tests
with lower repetitions and higher
weights/forces yield substantially
similar results. Accordingly, the
Commission will not require the
irregular surface test at this time.
5. Passive Containment/Clearance
Comment: One commenter
recommended that the standard’s
passive containment/foot opening test
method be augmented with a
requirement that any adjustable part,
such as an adjustable grab bar or a car
seat adapter that remains in the stroller,
be tested in all possible use positions.
Response: The Commission agrees
that the test for passive containment/
foot opening should be improved. An
adjustable (or multi-positional) grab bar
can adjust to suit the height of the child
to increase comfort while holding the
bar. However, adjustable grab bars may
be left in an unsafe position, resulting
in a potentially fatal head entrapment
between the grab bar and the seat
because the consumer may have
difficulty discerning visually the
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difference between certain positions of
the grab bar, such as the car seat
position and the occupant-use position.
CPSC staff is aware of earlier model year
strollers that had adjustable grab bars, as
described by the commenter. Of the four
stroller-related fatalities from January 1,
2008 through December 31, 2012, one
incident involved a 5-month-old infant
whose head became entrapped between
the seat and tray. Therefore, the
Commission believes that the opening
between the seat and the tray or the seat
and grab bar could lead to a potentially
fatal head entrapment hazard.
Currently, the test method for passive
containment/foot opening in ASTM
F833–13b provides under 7.12 Passive
Containment/Foot Opening Test Method
the following steps: Secure the front
wheels of the unit in their normal
standing position so that the unit cannot
move forward. Attach the tray(s) or grab
bar(s) in the position that creates the
bounded opening(s). Per the
manufacturer’s instructions, position
any adjustable features (that is, calf
supports, foot rests, etc.) that may affect
the bounded opening(s) to create the
minimum opening(s) size.
If the head probe fails to pass
completely through the bounded
opening, the following steps are
required: If necessary, reattach/
reposition tray(s) grab bar(s) to the
manufacturer’s recommended use
position, then perform the torso probe
test per 7.12.4. Per the manufacturer’s
instructions, position any adjustable
features (that is, calf supports, foot rests,
etc.) that may affect the bounded
opening(s), to create the maximum
opening(s) size.
To prevent head entrapment hazards,
the current test under ASTM F833–13b
requires the trays or grab bar to be in the
manufacturer-recommended use
position. This requirement specifies a
minimum opening created by the grab
bar or tray and foot rest. However, this
test may not always capture a hazardous
head entrapment opening between an
adjustable grab bar and seat that could
occur if the grab bar were improperly
positioned. For example, a hazardous
opening that is larger than the minimum
opening may be created by the grab bar
and foot rest configuration.
Accordingly, the Commission revises
the test method for passive
containment/foot opening as follows:
Secure the front wheels of the unit in
their normal standing position so that
the unit cannot move forward. Attach
the tray(s) or grab bar(s) in the position
that creates the bounded opening(s).
Position any adjustable features (that is,
grab bar, calf supports, foot rests, etc.)
that may affect the bounded opening(s)
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to create an opening(s) size that is most
likely to cause failure.
If the head probe fails to pass
completely through the bounded
opening, the following steps are
required: If necessary, reattach/
reposition tray(s) grab bar(s), then
perform the torso probe test per 7.12.4.
Position any adjustable features (that is,
grab bar, calf supports, foot rests, etc.)
that may affect the bounded opening(s),
to create the opening(s) size that is most
likely to cause failure.
The revised wording: ‘‘most likely to
cause failure’’ requires the tester to
place the adjustable feature, such as a
grab bar, if possible, in a position that
creates a hazardous opening, thereby
causing the stroller to fail, irrespective
of the manufacturer’s instructions or the
manufacturer’s use position. The test is
based on an evaluation of the bounded
opening(s) that is/are most likely to
create an entrapment hazard and should
address the potential for entrapment
hazards for multi-positional or
adjustable grab bars in strollers.
The commenter also recommended
that a car seat adapter that can remain
in the stroller be tested for head
entrapment. Currently, the Commission
is not aware of a car seat adapter that
is intended to remain installed in the
stroller when the car seat is not used;
and the Commission does not have any
additional information or data to
recommend additional requirements for
car seat adapters at this time. However,
this issue may be raised in an ASTM
subcommittee meeting for further
review and discussion.
6. Effective Date
Comment: Several comments
addressed the effective date of the
proposed rule. One commenter
supported the proposed 18-month
effective date. A second commenter
asked the Commission to take a careful
look at how much time is needed to
bring carriages and strollers into
compliance and to make the new rule
effective on the earliest practicable date.
A third commenter suggested a 12month effective date. The commenter
stated that, given the extended length of
time that it took for both the voluntary
standard and the proposed rule to reach
this point, consumers should not have
to wait until late 2015 to see products
that meet the standard.
Response: In the NPR, the
Commission noted that there were
significant revisions to the ASTM
standard in ASTM F833–13 requiring
many modifications to carriages and
strollers. Due to the complexity of
stroller designs, and to allow time for
manufacturers to come into compliance,
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the Commission proposed an 18-month
effective date. The new performance
requirements and test methods adopted
in ASTM 833–13 and ASTM 833–13b
are extensive and require manufacturers
to make fundamental changes to
carriages and strollers (i.e., latching
mechanism, parking brakes, static load,
restraining system, passive
containment/foot openings, wheel and
swivel assemblies, hinges, and stability/
tip over.) Although these requirements
were approved in ASTM 833–13 in
April, 2013, after the NPR was
published, ASTM revised the standard,
ASTM 833–13b, on November 1, 2013,
to address the scissoring, shearing, and
pinching hazards in 2D fold strollers.
Now, in the final rule, the Commission
requires an additional modification to
address head entrapment issues. All of
these requirements warrant additional
time to allow manufacturers to come
into full compliance with the mandatory
standard. The Commission believes that
18 months is a reasonable amount of
time for manufacturers who will need to
redesign products, test new prototype
products, and then retool their
production processes to meet the
considerable modifications that were
made in ASTM F833–13 and ASTM
F833–13b, plus the additional
modification to the passive
containment/foot opening test method
in the final rule. Moreover, 18 months
will reduce the impact on the firms that
have product lines that largely or
exclusively focus on strollers and
stroller accessories. A longer effective
date reduces the impact on firms in two
ways. First, firms are less likely to
experience a lapse in production, which
could result if they are unable to comply
within the required timeframe. Second,
firms could spread costs over a longer
time period. For these reasons, the
standard for carriages and strollers will
become effective 18 months after
publication of the final rule.
7. Effective Date Marking
Comment: Two commenters stated
that products that are manufactured
after the effective date of the rule should
be marked clearly so that consumers can
easily identify products that meet the
mandatory standard.
Response: A code mark or other
means that identifies the date (month
and year at a minimum) of manufacture
is already required to be on the product
under ASTM F833–13b. In addition, a
final rule implementing sections
14(a)(2) and 14(i)(2) of the Consumer
Product Safety Act (CPSA), as amended
by the CPSIA, Testing and Labeling
Pertaining to Product Certification, 16
CFR part 1107 (the 1107 rule), became
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effective on February 13, 2013. Under
the 1107 rule, a manufacturer or
importer may voluntarily label a
certified compliant product: ‘‘Meets
CPSC Safety Requirements.’’ At this
time, the Commission will not require
additional markings because ASTM
F833–13b already requires the date of
manufacture on each product and retail
package, and producers may label
compliant products as such under the
1107 rule.
8. Restraining System/Harness
Comment: One commenter suggested
that the Commission require a five-point
harness for all strollers and carriages for
improved protection to ensure that the
child does not move into an unsafe
position on his own or due to the
stroller being jarred. This commenter
also suggested that the Commission look
for feasible means of requiring an alert
mechanism to indicate whether the
harness restraint system is secured
properly.
Response: Although a five-point
harness system may provide extra
protection if a stroller tips over, CPSC
staff’s review of incident data did not
demonstrate that such a system would
result in a significant improvement in
occupant safety beyond a three-point
harness. Moreover, the recent changes to
prevent stroller tip over that have been
added to ASTM F833–13 and adopted
in ASTM F833–13b, such as the new
wheel-detachment requirements, should
mitigate the likelihood of tip-over
incidents. Accordingly, at this time, the
Commission will not require a fivepoint harness in the standard. In
addition, the Commission has
insufficient information regarding
whether an alert mechanism could be
implemented without significantly
raising the cost of a stroller, or whether
such a system would be effective in
reducing incidents involving restraints.
However, this issue may be raised for
further review and discussion in an
ASTM subcommittee meeting.
9. Warnings
Comment: To emphasize the risk of
entrapment or suffocation to children
falling asleep in strollers and other
infant products not intended for
overnight sleep (but where children
often fall asleep), one commenter
recommended changing the wording in
section 8.2.2 of the standard, which
currently states: ‘‘Do not leave child
unattended’’ to state instead: ‘‘Children
have become entrapped or suffocated
while sleeping in strollers. Never leave
a sleeping child unattended. Move to a
crib or safe sleep surface.’’
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Response: The current wording
advises the caregiver to attend to the
child whether or not he/she is sleeping,
thus providing a more generic warning.
In most of the incidents where children
were reportedly sleeping, the caregiver
was also present. CPSC staff’s review of
the incident data shows that in one of
the fatal incidents, a child was left
sleeping in the stroller and was later
found entrapped between the seat and
tray. In another fatal incident, a child
was left sleeping in the infant carrier
that was attached to the stroller and
found entrapped between the stroller
handlebar and foot end of the car seat.
The Commission reiterates that children
should not be left unattended whether
they are sleeping or not. However, the
Commission believes that products in
which children often fall asleep, such as
strollers and hand-held carriers, could
benefit from a harmonized and welldesigned warning label on the product
to educate consumers to take proper
action. Accordingly, the Commission
would support CPSC staff’s
participation in a cross-product ad hoc
working group; and should the need
arise, the Commission will consider
future action, once such a warning label
is developed.
Comment: Another commenter
recommended changing the current
wording in section 8.2.2 of ASTM F833–
13 from: ‘‘The product shall have the
following warning statements . . .’’ to:
‘‘The product shall have the following
warning statements that address . . .’’
to provide additional flexibility for
manufacturers to alter warnings.
Response: The warning statements in
sections 8.2.2.2, 8.2.2.3, and 8.2.2.4
already include a provision for
manufacturers to insert their own words
to describe their restraint system or
product-specific instructions. The
suggestion would only affect section
8.2.2.1, which includes the warning
statement: ‘‘Never leave child
unattended.’’ The commenter stated that
a simple change in wording to: ‘‘Never
leave your child unattended’’ would not
be allowed under 8.2.2. The
Commission does not believe that a
change to the warnings is warranted,
given that the requested word changes
would not necessarily increase the
effectiveness of the warning. However,
this issue may be raised for further
review and discussion in a future ASTM
subcommittee meeting.
G. Final Rule
The CPSC is incorporating by
reference ASTM F833–13b because the
Commission’s proposed modifications
in the NPR have been adopted in ASTM
F833–13b, including requirements and
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test methods to address scissoring,
shearing, and pinching hazards
associated with 2D fold strollers.
However, the Commission is requiring
an additional modification to the
passive containment/foot opening test
method in ASTM F833–13b, to address
head entrapment hazards associated
with multi-positional/adjustable grab
bars. Specifically, the test method for
passive containment/foot opening is
revised as follows:
(a) 7.12.1 Secure the front wheels of
the unit in their normal standing
position so that the unit cannot move
forward. Attach the tray(s) or grab bar(s)
in the position that creates the bounded
opening(s). Position any adjustable
features (that is, grab bar, calf supports,
foot rests, etc.) that may affect the
bounded opening(s) to create an
opening(s) size that is most likely to
cause failure; and
(b) 7.12.3 If necessary, reattach/
reposition tray(s) grab bar(s), then
perform the torso probe test per 7.12.4.
Position any adjustable features (that is,
grab bar, calf supports, foot rests, etc.)
that may affect the bounded opening(s),
to create the opening(s) size that is most
likely to cause failure.
13213
analysis, a summary of the assessment
of the agency of such issues, and a
statement of any changes made in the
proposed rule as a result of such
comments;
• a description of, and, where
feasible, an estimate of, the number of
small entities to which the rule will
apply;
• a description of the projected
reporting, recordkeeping, and other
compliance requirements of the rule,
including an estimate of the classes of
small entities subject to the
requirements and the type of
professional skills necessary for the
preparation of reports or records; and
• a description of the steps the agency
has taken to reduce the significant
economic impact on small entities,
consistent with the stated objectives of
applicable statutes, including a
statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the rule, and why each one
of the other significant alternatives to
the rule considered by the agency,
which affect the impact on small
entities, was rejected.
1. Introduction
2. Reason for Agency Action
The Danny Keysar Child Product
Safety Notification Act, section 104 of
the CPSIA, requires the CPSC to
promulgate mandatory standards that
are substantially the same as, or more
stringent than, the voluntary standard
for a durable infant or toddler product.
CPSC staff worked closely with ASTM
stakeholders to develop the new
requirements and test procedures that
have been incorporated into ASTM
F833–13b, which together form the basis
for the mandatory standard.
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601–612, requires agencies to
consider the impact of proposed and
final rules on small entities, including
small businesses. Section 604 of the
RFA requires that the Commission
prepare a final regulatory flexibility
analysis when promulgating final rules,
unless the head of the agency certifies
that the rule will not have a significant
impact on a substantial number of small
entities. The final regulatory flexibility
analysis must describe the impact of the
proposed rule on small entities and
identify any alternatives that may
reduce the impact. Specifically, the final
regulatory flexibility analysis must
contain:
• A succinct statement of the
objectives of, and legal basis for, the
rule;
• a summary of the significant issues
raised by public comments in response
to the initial regulatory flexibility
3. Other Federal Rules
There are two federal rules that would
impact the stroller mandatory standard:
(1) Testing and Labeling Pertaining to
Product Certification (16 CFR part
1107); and (2) Requirements Pertaining
to Third Party Conformity Assessment
Bodies (16 CFR part 1112).
The testing and labeling rule (16 CFR
part 1107) requires that manufacturers
of children’s products subject to product
safety rules, certify, based on third party
testing, that their children’s products
comply with all applicable safety rules.
Because strollers will be subject to a
mandatory rule, they will also be subject
to the third party testing requirements
when the stroller rule becomes effective.
In addition, the 1107 rule requires the
third party testing of children’s products
to be conducted by CPSC-accredited
laboratories. Section 14(a)(2) of the
Consumer Product Safety Act (CPSA)
requires the Commission to publish a
H. Effective Date
The Administrative Procedure Act
(APA) generally requires that the
effective date of the rule be at least 30
days after publication of the final rule.
5 U.S.C. 553(d). The safety standard for
carriages and strollers will become
effective 18 months after publication of
a final rule in the Federal Register.
I. Regulatory Flexibility Act
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notice of requirements (NOR) for the
accreditation of third party conformity
assessment bodies (i.e., testing
laboratories) to test for conformance
with each children’s product safety rule.
These NORs are set forth in 16 CFR part
1112.
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4. Impact on Small Business
There are approximately 85 firms that
currently supply carriages/strollers in
the United States. Under U.S. Small
Business Administration (SBA)
guidelines, a manufacturer of strollers is
considered small if the manufacturer
has 500 or fewer employees, and
importers and wholesalers are
considered small if they have 100 or
fewer employees. Based on these
guidelines, about 55 are small firms—26
domestic manufacturers, 26 domestic
importers, and three firms with
unknown supply sources. There may be
additional unknown small stroller
suppliers operating in the U.S. market.
Small Manufacturers
The expected impact of the final rule
will differ based on whether a firm’s
strollers are already compliant with
ASTM F833–11, the voluntary standard
in effect prior to ASTM F833–13. In
general, firms whose strollers meet the
requirements of ASTM F833–11 are
likely to continue to comply with the
voluntary standard as new versions are
published. Many of these firms are
active in the ASTM standard
development process, and compliance
with the voluntary standard is part of an
established business practice. Firms
supplying strollers that comply with
ASTM F833–11 likely would also
comply with F833–13b before the final
rule becomes effective.
ASTM F833–13b requirements could
require product redesign for at least
some strollers that are not compliant
with ASTM F833–11 (eight of 26 small
domestic manufacturers). Most of the
redesign and retooling costs are
associated with meeting the
requirements of the standard. A
redesign would be minor if most of the
changes involve adding straps and
fasteners or using different mesh or
fabric. However, a redesign could be
more significant if changes to the frame
are required. Due to the complexity of
carriages and strollers, a complete
redesign of these products, including
engineering time, prototype
development, tooling, and other
incidental costs, could exceed $1
million for the most complex stroller
models. Industry sources, including the
Juvenile Products Manufacturers
Association (JPMA) note that new
tooling alone could exceed $300,000 per
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product model. However, costs and
development time are likely to vary
widely across firms. Companies with
substantial experience in manufacturing
strollers should be able to complete
redesigns more cost effectively than
firms with less experience.
Additionally, firms with numerous
stroller models may experience lower
costs because stroller models could be
redesigned as a group.
The modification to the passive
containment/foot opening test method
may or may not have any impact on
small manufacturers because CPSC staff
could not identify any strollers on the
U.S. market that have adjustable grab
bars. Therefore, the direct impact on
manufacturers whose products are
expected to meet the requirements of
ASTM F833–13b (18 of 26 small
domestic manufacturers) is not expected
to be significant, although it is possible
that there are unknown stroller
suppliers with products that might be
affected.
The 18-month effective date may
mitigate the impact on small
manufacturers because such firms are
less likely to experience a lapse in
production, which could result if these
firms are unable to comply within the
required timeframe, and costs may be
spread over a longer period.
In addition, there are indirect
impacts. Once the new requirements
become effective, all manufacturers will
be subject to the additional costs
associated with third party testing and
certification requirements triggered by
the final rule. Those additional third
party testing costs will pertain to any
physical and mechanical test
requirements specified in the stroller
final rule; lead and phthalates testing is
already required. Third party testing
costs could as much as $800–$1,000 per
model sample.
On average, each small domestic
manufacturer supplies seven different
models of strollers to the U.S. market
annually. Therefore, if third party
testing were conducted every year on a
single sample for each model, third
party testing costs for each manufacturer
would be about $5,600–$7,000 annually.
Based on a review of firm revenues, the
impact of third party testing to ASTM
F833–13b is unlikely to be significant if
only one stroller sample per model is
required. However, the economic
impact could be significant for some
small firms, if as few as two or three
samples per model are required to meet
the testing requirements.
Small Importers
In the absence of regulation, small
importers of strollers currently in
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compliance with F833–11 (13 of 26
small domestic importers) would likely
continue to comply with the standard as
it evolves, including the final
mandatory standard. Any increase in
production costs experienced by their
suppliers may be passed on to them.
However, these costs are not likely to be
significant, given that CPSC staff could
not identify any strollers on the U.S.
market that have adjustable grab bars
requiring modification.
Small importers of strollers would
need to find an alternate source if their
existing supplier does not come into
compliance with the requirements of
ASTM F833–13b. Thirteen importers of
strollers currently may not be in
compliance with ASTM F833–11. Some
importers may discontinue the carriage/
stroller product line altogether. The
impact of such a decision could be
mitigated by replacing the
noncompliant stroller with a compliant
stroller or by deciding to import an
alternative product. However, some of
these firms have few or no other
products in their product line. Because
many of these firms have low sales
revenues and limited product lines
apart from strollers and stroller
accessories, it is possible that the final
rule could have a significant impact on
one or more importers. The 18-month
effective date may mitigate the impact
because such firms are less likely to
experience a lapse in obtaining
compliant strollers, which could result
if they are unable to comply within the
required timeframe; and costs may be
spread over a longer time period.
All importers are also subject to third
party testing and certification
requirements. Consequently, importers
will experience costs similar to those for
manufacturers, if their supplying foreign
firm(s) does not perform third party
testing. The resulting costs could have
a significant impact on a few small
importers who must perform the testing
themselves, even if only one sample per
model were required.
5. Alternatives
One alternative that could reduce the
impact on small entities would be to
make the voluntary standard mandatory,
with no further modifications. However,
given that CPSC staff could not identify
any strollers on the U.S. market that
currently would be impacted by the
modification to the passive
containment/foot opening test method,
this reduction may be insignificant. In
addition, incorporating the voluntary
standard without modifications would
not substantially benefit firms with
noncompliant products because their
strollers might still require redesign.
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The 18-month effective date may
mitigate the impact because suppliers
will have additional time to modify
and/or develop compliant strollers and
spread the associated costs over a longer
period of time. However, the
Commission could opt to set a later
effective date, which may reduce further
the impact on affected firms. A third
alternative would be to set an earlier
effective date. However, setting an
earlier effective date could increase the
impact of the rule on small entities,
particularly those with limited product
lines and low sales revenues.
J. Environmental Considerations
The Commission’s regulations address
whether we are required to prepare an
environmental assessment or an
environmental impact statement. These
regulations provide a categorical
exclusion for certain CPSC actions that
normally have ‘‘little or no potential for
affecting the human environment.’’
Among those actions are rules or safety
standards for consumer products. 16
CFR 1021.5(c)(1). The rule falls within
the categorical exclusion.
K. Paperwork Reduction Act
This rule contains information
collection requirements that are subject
to public comment and review by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3521). The
preamble to the proposed rule (77 FR
29286) discussed the information
collection burden of the proposed rule
and specifically requested comments on
the accuracy of our estimates. Sections
8 and 9 of ASTM F833–13b contain
requirements for marking, labeling, and
instructional literature. These
requirements fall within the definition
13215
of ‘‘collection of information,’’ as
defined in 44 U.S.C. 3502(3).
OMB has assigned control number
3041–0164 to this information
collection. The Commission did not
receive any comments regarding the
information collection burden of this
proposal. However, the final rule makes
modifications regarding the information
collection burden because the number
of estimated manufacturers subject to
the information collection burden is
now estimated at 85 manufacturers
rather than the 86 manufacturers
initially estimated in the proposed rule
due to firms entering and exiting the
U.S. stroller market. Additionally, the
average number of stroller models
supplied by all of the firms has
increased from six to eight models.
Accordingly, the estimated burden of
this collection of information is
modified, as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN
16 CFR Section
Number of
respondents
Frequency of
responses
Total annual
responses
Hours per
response
Total burden
hours
1227 .....................................................................................
85
8
680
1
680
L. Preemption
Section 26(a) of the CPSA, 15 U.S.C.
2075(a), provides that where a consumer
product safety standard is in effect and
applies to a product, no state or political
subdivision of a state may either
establish or continue in effect a
requirement dealing with the same risk
of injury unless the state requirement is
identical to the federal standard. Section
26(c) of the CPSA also provides that
states or political subdivisions of states
may apply to the Commission for an
exemption from this preemption under
certain circumstances. Section 104(b) of
the CPSIA refers to the rules to be
issued under that section as ‘‘consumer
product safety rules,’’ thus, implying
that the preemptive effect of section
26(a) of the CPSA would apply.
Therefore, a rule issued under section
104 of the CPSIA will invoke the
preemptive effect of section 26(a) of the
CPSA when it becomes effective.
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M. Certification and Notice of
Requirements (NOR)
Section 14(a) of the CPSA imposes the
requirement that products subject to a
consumer product safety rule under the
CPSA, or to a similar rule, ban, standard
or regulation under any other Act
enforced by the Commission, must be
certified as complying with all
applicable CPSC-enforced requirements.
15 U.S.C. 2063(a). Section 14(a)(2) of the
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CPSA requires that certification of
children’s products subject to a
children’s product safety rule be based
on testing conducted by a CPSCaccepted third party conformity
assessment body. Section 14(a)(3) of the
CPSA requires the Commission to
publish a NOR for the accreditation of
third party conformity assessment
bodies (or laboratories) to assess
conformity with a children’s product
safety rule to which a children’s product
is subject. The ‘‘Safety Standard for
Carriages and Strollers,’’ to be codified
at 16 CFR part 1227, is a children’s
product safety rule that requires the
issuance of an NOR.
The Commission published a final
rule, Requirements Pertaining to Third
Party Conformity Assessment Bodies, 78
FR 15836 (March 12, 2013), which is
codified at 16 CFR part 1112 (referred to
here as part 1112). This rule became
effective on June 10, 2013. Part 1112
establishes requirements for
accreditation of third party conformity
assessment bodies (or laboratories) to
test for conformance with a children’s
product safety rule in accordance with
Section 14(a)(2) of the CPSA. Part 1112
also codifies a list of all of the NORs
that the CPSC had published at the time
part 1112 was issued. All NORs issued
after the Commission published part
1112, such as the standard for carriages
and strollers, require the Commission to
amend part 1112. Accordingly, this rule
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amends part 1112 to include the
standard for carriages and strollers in
the list with the other children’s
product safety rules for which the CPSC
has issued NORs.
Laboratories applying for acceptance
as a CPSC-accepted third party
conformity assessment body to test to
the new standard for carriages and
strollers would be required to meet the
third party conformity assessment body
accreditation requirements in 16 CFR
part 1112, Requirements Pertaining to
Third Party Conformity Assessment
Bodies. When a laboratory meets the
requirements as a CPSC-accepted third
party conformity assessment body, the
laboratory can apply to the CPSC to
have 16 CFR part 1227, Safety Standard
for Carriages and Strollers, included in
its scope of accreditation of CPSC safety
rules listed for the laboratory on the
CPSC Web site at: www.cpsc.gov/
labsearch.
CPSC staff conducted an analysis of
the potential impacts on small entities
of the proposed rule establishing
accreditation requirements, as required
by the Regulatory Flexibility Act, and
the agency prepared an Initial
Regulatory Flexibility Analysis (IRFA).
Requirements Pertaining to Third Party
Conformity Assessment Bodies. 77 FR
31086, 31123–26. Specifically, the NOR
for the standard for carriages and
strollers would not have a significant
adverse impact on small laboratories.
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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations
Based upon the number of laboratories
in the United States that have applied
for CPSC acceptance of the accreditation
to test for conformance to other juvenile
product standards, we expect that only
a few laboratories will seek CPSC
acceptance of their accreditation to test
for conformance with the standard for
carriages and strollers. Most of these
laboratories already will have been
accredited to test for conformance to
other juvenile product standards, and
the only cost to them would be the cost
of adding the standard for carriages and
strollers to their scope of accreditation.
As a consequence, the Commission
certifies that the NOR for the standard
for carriages and strollers will not have
a significant impact on a substantial
number of small entities.
List of Subjects
16 CFR Part 1112
Administrative practice and
procedure, Audit, Consumer protection,
Reporting and recordkeeping
requirements, Third party conformity
assessment body.
16 CFR Part 1227
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
and Toys.
For the reasons discussed in the
preamble, the Commission amends Title
16 of the Code of Federal Regulations as
follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. The authority citation for part 1112
continues to read as follows:
■
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
2. Amend § 1112.15 by adding
paragraph (b)(36) to read as follows:
■
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
and/or test method?
*
*
*
*
(b)(36) 16 CFR part 1227, Safety
Standard for Carriages and Strollers.
*
*
*
*
*
■ 3. Add part 1227 to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
*
PART 1227—SAFETY STANDARD FOR
CARRIAGES AND STROLLERS
Sec.
1227.1 Scope.
1227.2 Requirements for carriages and
strollers.
Authority: The Consumer Product Safety
Improvement Act of 2008, Pub. L. 110–314,
VerDate Mar<15>2010
15:44 Mar 07, 2014
Jkt 232001
§ 104, 122 Stat. 3016 (August 14, 2008); Pub.
L. 112–28, 125 Stat. 273 (August 12, 2011).
§ 1227.1
Scope.
This part establishes a consumer
product safety standard for carriages
and strollers.
§ 1227.2 Requirements for carriages and
strollers.
(a) Except as provided in paragraph
(b) of this section, each carriage and
stroller must comply with all applicable
provisions of ASTM F833–13b,
Standard Consumer Safety Performance
Specification for Carriages and Strollers,
approved on November 1, 2013. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
from ASTM International, 100 Bar
Harbor Drive, P.O. Box 0700, West
Conshohocken, PA 19428; https://
www.astm.org/cpsc.htm. You may
inspect a copy at the Office of the
Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814, telephone 301–504–7923, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal
regulations/ibr_locations.html.
(b) Comply with ASTM F833–13b
standard with the following changes:
(1) Instead of complying with section
7.12.1 of ASTM F833–13b, comply with
the following:
(i) 7.12.1 Secure the front wheels of
the unit in their normal standing
position so that the unit cannot move
forward. Attach the tray(s) or grab bar(s)
in the position that creates the bounded
opening(s). Position any adjustable
features (that is, grab bar, calf supports,
foot rests, etc.) that may affect the
bounded opening(s) to create an
opening(s) size that is most likely to
cause failure.
(ii) [Reserved]
(2) Instead of complying with section
7.12.3 of ASTM F833–13b, comply with
the following:
(i) 7.12.3 If necessary, reattach/
reposition tray(s) grab bar(s), then
perform the torso probe test per 7.12.4.
Position any adjustable features (that is,
grab bar, calf supports, foot rests, etc.)
that may affect the bounded opening(s),
to create the opening(s) size that is most
likely to cause failure.
(ii) [Reserved]
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Dated: March 5, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2014–05065 Filed 3–7–14; 8:45 am]
BILLING CODE 6355–01–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–9554; 34–71643; 39–2496;
IC–30972]
Adoption of Updated EDGAR Filer
Manual
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
The Securities and Exchange
Commission (the Commission) is
adopting revisions to the Electronic Data
Gathering, Analysis, and Retrieval
System (EDGAR) Filer Manual and
related rules to reflect updates to the
EDGAR system. The revisions are being
made primarily to introduce new
submission form types MA, MA–A, MA/
A, MA–I, MA–I/A, and MA–W to
support Registration of Municipal
Advisors; updates to submission form
types 8–K, 8–K/A, 10–K, 10–K/A, 10–
KT, 10–KT/A, 10–D, 10–D/A, POS AM,
424B1, 424B2, 424B3, 424B4, 424B5,
424B7, and 424B8; and minor updates
to Form 13F validations. The EDGAR
system is scheduled to be upgraded to
support this functionality on March 3,
2014.
DATES: Effective Date: March 10, 2014.
The incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
March 10, 2014.
FOR FURTHER INFORMATION CONTACT: In
the Office of Municipal Securities, for
questions concerning Registration of
Municipal Advisors contact Jessica
Kane at (202) 551–3235; in the Division
of Investment Management, for
questions concerning Form 13F contact
Heather Fernandez at (202) 551–6715;
and in the Office of Information
Technology, contact Vanessa Anderson
at (202) 551–8800.
SUPPLEMENTARY INFORMATION: We are
adopting an updated EDGAR Filer
Manual, Volume I and Volume II. The
Filer Manual describes the technical
formatting requirements for the
preparation and submission of
electronic filings through the EDGAR
system.1 It also describes the
SUMMARY:
1 We originally adopted the Filer Manual on April
1, 1993, with an effective date of April 26, 1993.
E:\FR\FM\10MRR1.SGM
10MRR1
Agencies
[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13208-13216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05065]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112 and 1227
[Docket No. CPSC-2013-0019]
Safety Standard for Carriages and Strollers
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Danny Keysar Child Product Safety Notification Act,
section 104 of the Consumer Product Safety Improvement Act of 2008
(CPSIA), requires the United States Consumer Product Safety Commission
(Commission or CPSC) to promulgate consumer product safety standards
for durable infant or toddler products. These standards are to be
``substantially the same as'' applicable voluntary standards or more
stringent than the voluntary standards if the Commission concludes that
more stringent requirements would further reduce the risk of injury
associated with the products. The Commission is issuing a safety
standard for carriages and strollers in response to the direction under
Section 104(b) of the CPSIA.
DATES: The rule is effective on September 10, 2015. The incorporation
by reference of the publication listed in this rule is approved by the
Director of the Federal Register as of September 10, 2015.
FOR FURTHER INFORMATION CONTACT: Mike Lee, Compliance Officer, Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: 301-504-7737; email: mlee@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background and Statutory Authority
The Consumer Product Safety Improvement Act of 2008 (CPSIA, Pub. L.
110-314) was enacted on August 14, 2008. Section 104(b) of the CPSIA,
part of the Danny Keysar Child Product Safety Notification Act,
requires the Commission to: (1) Examine and assess the effectiveness of
voluntary consumer product safety standards for durable infant or
toddler products, in consultation with representatives of consumer
groups, juvenile product manufacturers, and independent child product
engineers and experts; and (2) promulgate consumer product safety
standards for durable infant and toddler products. These standards are
to be ``substantially the same as'' applicable voluntary standards or
more stringent than the voluntary standards if the Commission concludes
that more stringent requirements would further reduce the risk of
injury associated with the products.
On May 20, 2013, the Commission issued a notice of proposed
rulemaking (NPR) for carriages and strollers. 78 FR 29279. The NPR
proposed to incorporate by reference the voluntary standard, ASTM 833-
13, ``Standard Consumer Safety Performance Specification for Carriages
and Strollers,'' with certain changes to provisions in the voluntary
standard to strengthen the ASTM standard.
In this document, the Commission is issuing a safety standard for
carriages and strollers. As required by Section 104(b)(1)(A), the
Commission consulted with manufacturers, retailers, trade
organizations, laboratories, consumer advocacy groups, consultants, and
members of the public in the development of this proposed standard,
largely through the ASTM process. The rule incorporates by reference
the most recent voluntary standard developed by ASTM International
(formerly the American Society for Testing and Materials), ASTM F833-
13b, ``Standard Consumer Safety Performance Specification for Carriages
and Strollers'' (ASTM F833-13b), with a
[[Page 13209]]
modification to address head entrapment hazards associated with multi-
positional/adjustable grab bars.
B. Product Description
The term ``durable infant or toddler product'' is defined in
section 104(f)(1) of the CPSIA as a durable product intended for use,
or that may be reasonably expected to be used, by children under the
age of 5 years. ``Strollers'' are specifically identified in section
104(f)(2)(I) of the CPSIA as a durable infant or toddler product. ASTM
F833-13b defines a ``stroller'' as a wheeled vehicle to transport
children usually from infancy to 36 months of age. Children are
transported generally in a sitting-up or semi-reclined position. The
motive power is supplied by a person while pushing on a handle attached
to the stroller. Carriages, on the other hand, are wheeled vehicles to
transport an infant, usually in a lying down position. Thus, the
principal difference between strollers and carriages is the position of
the occupant. Both carriages and strollers may be capable of being
folded for storage.
Umbrella strollers are lightweight, compact when folded, and may
lack certain accessories, such as baskets underneath the seat, or cup
holders for the caregiver. Strollers that fold in two dimensions, the
height and length, are called ``2D'' strollers. Strollers that collapse
in all three dimensions--height, length, and width--resulting in a
smaller folded package than 2D strollers, are called ``3D'' strollers.
Other types of strollers include travel systems that accommodate an
infant car seat on a stroller. Strollers intended to be used at a
jogging rate are called ``jogging strollers.'' Some products can be
used as strollers and carriages (convertible carriages/strollers).
Convertible carriages or strollers are intended to be converted by the
owner to be used as a carriage or a stroller. Some strollers
incorporate automatic or assisted folding and unfolding mechanisms. All
of these carriages and strollers fall within the scope of ASTM F833-
13b.
C. Market Description
The majority of carriages/strollers are produced and/or marketed by
juvenile product manufacturers and distributors. Currently, there are
85 known suppliers of carriages/strollers to the U.S. market. Thirty-
four are domestic manufacturers, 36 are domestic importers, and four
are domestic firms with unknown supply sources. In addition, 10 foreign
firms supply strollers to the U.S. market: Seven foreign manufacturers,
one firm that imports products from foreign companies and distributes
them from outside of the United States, one foreign retailer that ships
directly to the United States, and one firm with an unknown supply
source. There is an additional manufacturer whose size and location we
could not determine.
According to a 2005 survey conducted by the American Baby Group
(2006 Baby Products Tracking Study), nearly all new mothers (99
percent) own at least one stroller. Applying this information to
Centers for Disease Control and Prevention (CDC) birth data indicates
that nearly 4 million strollers are owned by new mothers. Approximately
26 percent of those strollers were handed down or purchased secondhand,
according to the 2006 Baby Products Tracking Study. Thus, about 74
percent of strollers were acquired new, and approximately 3 million
strollers are sold to households annually (.99 x .74 x 4 million births
per year). Strollers can cost between $20 to $700, depending upon the
type and brand of stroller. On average, umbrella strollers tend to be
the least expensive (around $25-$50 for the least costly versions); and
most other strollers cost around $150-$300, with many carriages, travel
systems, and jogging stroller costs running in the $500-$700 range.
D. Incident Data
The preamble to the NPR summarized the incident data reported to
the Commission from January 1, 2008 through December 31, 2012,
involving strollers. 78 FR 29281. In the NPR CPSC's Directorate for
Epidemiology staff identified four stroller-related fatalities. In
addition, 1,203 stroller-related nonfatal incidents, 359 of which
resulted in injuries, were reported during that time period.
The hazard patterns identified in the NPR included issues with
wheels, parking brakes, lock mechanisms, restraints, hinges, structural
integrity, stability/tip-over, clearance, car seat attachment,
canopies, handlebars, seats, sharp points or edges, trays, and
unspecified or miscellaneous problems. Since the NPR, 90 new incidents
related to carriages and strollers were reported to the Commission
between January 1, 2013 and June 30, 2013; these incidents reportedly
occurred between January 1, 2008 and June 30, 2013. There were no new
fatal incidents reported. Out of the 90 new incidents, 32 stroller-
related, nonfatal injuries were reported. Thus, the total number of
incidents reported from January 1, 2008 through June 30, 2013,
increased to 1,297 incidents, including 4 fatalities, and 391 injuries.
The hazard patterns identified among the 90 new incidents were
similar to the ones identified in the NPR. Wheel problems accounted for
25 of the 90 new incidents, which resulted in six injuries. Lock
mechanical failures resulted in 11 incidents, causing five injuries.
Ten incidents, resulting in three injuries, arose from stability
issues. Restraints were associated with two injuries and eight
noninjury incidents.
Of the 90 new incidents, four incidents required hospitalization.
Two incidents resulted in finger amputations, one that occurred when a
child's finger got caught in the folding hinge; the second finger
amputation occurred when a stroller collapsed. The third
hospitalization involved a child unbuckling the restraints, attempting
to leave the stroller, and getting caught on the extended rivet used to
latch the folded stroller; this incident caused a laceration to the
crotch area. The fourth hospitalization resulted from a stroller
rolling off a train platform and falling onto the tracks with the child
in the stroller, causing a cut on the child's forehead.
The NPR also noted 78 reported stroller incidents that involved
children older than 4 years of age and adults. Out of the 78 incidents,
72 involved victims between 17 and 64 years of age. Almost all of the
incidents (74 out of 78) resulted in injuries, mostly to the fingers.
Six new incidents were reported from January 1, 2013 to June 30, 2013,
for a total of 84 stroller incidents. Based on the narratives provided,
all six new incidents involved children older than 4 years of age or
adults, and the six incidents each resulted in finger injuries.
E. Overview of ASTM F833
ASTM first published a consumer product safety standard for
carriages and strollers in 1983. ASTM F833, ``Standard Consumer Safety
Performance Specification for Carriages and Strollers,'' established
safety performance requirements, test methods, and labeling
requirements to minimize the hazards to children presented by carriages
and strollers. ASTM F833 has been revised more than 20 times. The
current standard, ASTM F833-13b, was approved on November 1, 2013.
1. Proposed Rule
In the NPR, the Commission proposed to incorporate ASTM F833-13,
which addressed many of the hazards patterns identified for strollers.
Among other requirements, ASTM F833-13 provided:
An improved test method for the parking brake requirement;
a new requirement and test method to address head
entrapment hazards
[[Page 13210]]
associated with car seats on a stroller (combination unit);
a new requirement, test method, and warnings to address
wheel and swivel assemblies' detachments;
an improved test method for latching and locking
mechanisms;
a new requirement and test method to address the scenario
of the child releasing the buckle of the restraint system and a
clarification on the buckle closing system;
a new requirement and test method to address pinching,
shearing, and scissoring at the saddle hinge link on 3D fold strollers;
a new requirement and test method to address pinching,
shearing, and scissoring at the canopy hinges;
an improved requirement and test method to address
stability issues by taking into account multiple seats facing different
directions, such as rotating seats;
a new requirement and test method to address a
strangulation hazard associated with cords and straps within the
occupant space; and
warning label clarifications.
In the NPR, the Commission also proposed a performance requirement
and test method to address scissoring, shearing, and pinching hazards
associated with 2D fold strollers, which were already required for 3D
fold strollers. The Commission noted that hinge issues caused the
highest injury rate of any stroller hazard category (75 incidents,
resulting in 72 injuries). Most of the hinge-related injuries resulted
from scissoring, pinching, or shearing at the hinge link of 2D and 3D
fold strollers. Most of the incidents occurred when a caregiver was
unfolding the stroller for use and the child was climbing into the
stroller. Reported injuries involved pinched, lacerated, or amputated
fingers or arms, including one hospitalization for reattachment of a
finger. For testing of the 2D fold stroller and convertible carriage/
strollers, the Commission proposed a test within an access zone based
on the incident data and the anthropometric dimensions of a child
occupant. The Commission also proposed a test method to test the frame
folding action of a stroller while the stroller is moved from the
completely folded to the completely erect position and from the
partially folded position to the fully erect and locked position
(travel distance calculation).
2. Current ASTM Standard for Carriages and Strollers (ASTM F833-13b)
ASTM adopted the performance requirement and test method proposed
by the Commission in a subsequent version of the ASTM standard, ASTM
F833-13a, to address scissoring, shearing, and pinching hazards
associated with 2D fold strollers. ASTM approved ASTM F833-13a on
September 15, 2013. On November 1, 2013, ASTM approved the current
version of the standard, ASTM F833-13b, which adopts the performance
requirement and test method for 2D fold strollers, with a modification
to the travel distance calculation to test for scissoring, shearing,
and pinching.
In this rule, the Commission incorporates by reference ASTM F833-
13b because the Commission's proposed modifications in the NPR have
been adopted in ASTM F833-13b, including the requirements and test
methods for 2D fold strollers to address hazards associated with
scissoring, shearing, and pinching. Specifically, ASTM F833-13b
provides a definition of a ``2D fold stroller'' as a stroller that
folds the handlebars and leg tubes only in the front-to-back (or back-
to-front) direction. To address the 2D fold stroller hazards, ASTM
F833-13b requires the frame folding action of a 2D fold stroller and
convertible carriage/stroller to be designed and constructed to prevent
injury from scissoring, shearing, or pinching. Scissoring, shearing, or
pinching that may cause injury exists when the edges of the rigid parts
admit a 0.210-in (5.33-mm) diameter probe but do not admit a 0.375-in
(9.53-mm) diameter probe when tested. However, units with a removable
seat that prevents the complete folding of unit when still attached are
exempt from this requirement.
ASTM F833-13b also provides a test method for 2D frame strollers to
address folding scissoring, shearing, and pinching. In the NPR, the
Commission proposed a test method for scissoring, shearing, and
pinching hazards that may occur while moving the stroller from a
completely folded and partially folded position to the fully erect and
locked position. The test proposed in the NPR calculated the travel
distance based on the distance between front and rear wheels in an open
position and in a closed position. ASTM F833-13b modified the travel
distance calculation for the test. The modified test shows the travel
distance based on the distance between front and rear wheels only in an
open position. ASTM's rationale for the test explains that products are
evaluated for the last 1/3 of travel for a predefined access zone
because the last 1/3 of travel is considered the most hazardous
condition, where a seated child's hand may be vulnerable to scissoring,
shearing, and pinching within the access zone while the caregiver is
preoccupied with the final stages of erecting the stroller.
CPSC staff compared both methods of the calculation, using various
strollers, including strollers involved in incidents. Although in
certain strollers the total amount of travel distance to be tested
would be less than the travel distance proposed in the NPR, CPSC
staff's review showed that the revised test method would be less
burdensome and would provide an equal degree of safety as the travel
distance calculation proposed in the NPR. According to CPSC staff,
under the revised travel distance calculation, the most critical part
of the frame folding associated with the incidents will be tested for
scissoring, shearing, or pinching. Because the revised test is simpler
to use, and because the reduction in travel distance does not make the
test less effective, the Commission incorporates by reference ASTM
F833-13b with the revised travel distance calculation.
F. Response to Comments
The Commission received six comments from manufacturers, consumer
advocacy groups, and trade associations in response to the NPR. A
summary of each comment topic and response is provided. In general, all
of the commenters support the mandatory standard for carriages and
strollers.
1. 2D Fold Stroller Test
Comment: One manufacturer recommended simplifying the test method
that was included in the NPR, as outlined in section 7.18.2 for units
where the front and rear wheels move toward each other during folding,
to address scissoring, shearing, and pinching hazards for 2D frame fold
strollers. The commenter proposed determining the starting point for
the stroller test by beginning at 2/3 the distance between the front
and rear wheel axles in an open position of the stroller. The commenter
stated that the ASTM subcommittee was working to include this starting
point definition in the next revision and requested that the Commission
review and adopt the change to the test method once the requirement is
approved by the ASTM subcommittee.
Response: ASTM has revised the travel distance calculation in ASTM
F833-13b. CPSC staff compared the travel distance calculation test
proposed in the NPR and the modified test in ASTM F833-13b, using
various strollers, including certain incident strollers. CPSC staff's
review showed that the revised test is simpler, but the revised test
will still test the most critical part of the frame folding
[[Page 13211]]
associated with the incidents. Accordingly, the Commission will adopt
ASTM F833-13b with the revised travel distance calculation because the
hazards identified by CPSC staff (scissoring, shearing, and pinching
hazards in 2D fold strollers) will be addressed adequately by the test
in ASTM F833-13b.
2. 2D Fold Stroller Access Zone
Comment: A commenter suggested an exemption to the 2D fold stroller
test procedure, if there is a cover over the hinge that is within the
access zone; for example, a stroller hinge that has a cover over the
top and sides of the hinge, but the bottom is left open to allow the
frame members to rotate during folding. The only way to access the
hinge would be to come up from underneath or behind through the rear of
the stroller, which would not be possible if a child is sitting in the
stroller or standing on the side of the stroller. According to the
commenter, the ASTM subcommittee is currently reviewing an additional
requirement to assess at what point a covering on a hinge is sufficient
protection from the 2D frame fold pinch hazard. The commenter requested
that the Commission review and adopt the additional requirement once
the additional requirement is approved by the ASTM subcommittee.
Response: As discussed in the preamble, ASTM 833-13b now addresses
hazards associated with frame fold hinges for both 2D fold strollers
and 3D fold strollers, regardless of the direction of entry, to reduce
the risk of finger injury to a child who is sitting or is about to sit
in a stroller. CPSC staff believes that there are many factors,
including the size, shape, and material properties of the cover that
may hinder the cover's effectiveness. Without more information about
protective covers and how they would be used, the Commission will not
provide an exemption for such covers without further review and
testing. However, if ASTM subsequently publishes a standard to include
a protective cover exemption, ASTM can notify the Commission of the
revision, and the Commission would consider the revision at that time.
3. Combined Braking and Stability Test
Comment: A commenter suggested that the Commission adopt the
combined braking and stability test that Consumer Reports uses in its
testing. The commenter stated that the test evaluates both brake
efficacy and stability in various orientations on an incline of
20[deg]--as opposed to 12[deg]. In addition, the commenter states that
the brake standard should assess how easy it is to engage the brake,
and reliably tell if the brake is engaged.
Response: The parking brake requirements were improved
significantly in the ASTM F833-13 version of the standard to
approximate the force that is applied to the parking brake, if the
12[deg] inclined plane was increased to 20[deg]. ASTM F833-13 also
included an improved requirement and test method for multiple seats
facing different directions, such as rotating seats, to address
stability issues. These requirements are included in ASTM F833-13b.
Therefore, the Commission finds that the requirements in ASTM F833-13b
are adequate to address the hazards associated with parking brakes and
stability issues and do not require additional requirements at this
time.
4. Irregular Surface Test
Comment: Two commenters suggested that the Commission adopt the
Irregular Surface Test in EN 1888:2012. The commenters stated that the
irregular surface test is a durability test that evaluates the
strollers for the expected lifetime of the product.
Response: ASTM F833-13 included improved parking brake, stability,
wheel detachment, and locking mechanism requirements that address the
hazards associated with the structural issues identified in the
incident data. These requirements are included in ASTM F833-13b. CPSC
staff's review of fatigue tests, such as the irregular surface test,
indicates that such tests are time-consuming (and costly) and that
tests with lower repetitions and higher weights/forces yield
substantially similar results. Accordingly, the Commission will not
require the irregular surface test at this time.
5. Passive Containment/Clearance
Comment: One commenter recommended that the standard's passive
containment/foot opening test method be augmented with a requirement
that any adjustable part, such as an adjustable grab bar or a car seat
adapter that remains in the stroller, be tested in all possible use
positions.
Response: The Commission agrees that the test for passive
containment/foot opening should be improved. An adjustable (or multi-
positional) grab bar can adjust to suit the height of the child to
increase comfort while holding the bar. However, adjustable grab bars
may be left in an unsafe position, resulting in a potentially fatal
head entrapment between the grab bar and the seat because the consumer
may have difficulty discerning visually the difference between certain
positions of the grab bar, such as the car seat position and the
occupant-use position. CPSC staff is aware of earlier model year
strollers that had adjustable grab bars, as described by the commenter.
Of the four stroller-related fatalities from January 1, 2008 through
December 31, 2012, one incident involved a 5-month-old infant whose
head became entrapped between the seat and tray. Therefore, the
Commission believes that the opening between the seat and the tray or
the seat and grab bar could lead to a potentially fatal head entrapment
hazard.
Currently, the test method for passive containment/foot opening in
ASTM F833-13b provides under 7.12 Passive Containment/Foot Opening Test
Method the following steps: Secure the front wheels of the unit in
their normal standing position so that the unit cannot move forward.
Attach the tray(s) or grab bar(s) in the position that creates the
bounded opening(s). Per the manufacturer's instructions, position any
adjustable features (that is, calf supports, foot rests, etc.) that may
affect the bounded opening(s) to create the minimum opening(s) size.
If the head probe fails to pass completely through the bounded
opening, the following steps are required: If necessary, reattach/
reposition tray(s) grab bar(s) to the manufacturer's recommended use
position, then perform the torso probe test per 7.12.4. Per the
manufacturer's instructions, position any adjustable features (that is,
calf supports, foot rests, etc.) that may affect the bounded
opening(s), to create the maximum opening(s) size.
To prevent head entrapment hazards, the current test under ASTM
F833-13b requires the trays or grab bar to be in the manufacturer-
recommended use position. This requirement specifies a minimum opening
created by the grab bar or tray and foot rest. However, this test may
not always capture a hazardous head entrapment opening between an
adjustable grab bar and seat that could occur if the grab bar were
improperly positioned. For example, a hazardous opening that is larger
than the minimum opening may be created by the grab bar and foot rest
configuration.
Accordingly, the Commission revises the test method for passive
containment/foot opening as follows: Secure the front wheels of the
unit in their normal standing position so that the unit cannot move
forward. Attach the tray(s) or grab bar(s) in the position that creates
the bounded opening(s). Position any adjustable features (that is, grab
bar, calf supports, foot rests, etc.) that may affect the bounded
opening(s)
[[Page 13212]]
to create an opening(s) size that is most likely to cause failure.
If the head probe fails to pass completely through the bounded
opening, the following steps are required: If necessary, reattach/
reposition tray(s) grab bar(s), then perform the torso probe test per
7.12.4. Position any adjustable features (that is, grab bar, calf
supports, foot rests, etc.) that may affect the bounded opening(s), to
create the opening(s) size that is most likely to cause failure.
The revised wording: ``most likely to cause failure'' requires the
tester to place the adjustable feature, such as a grab bar, if
possible, in a position that creates a hazardous opening, thereby
causing the stroller to fail, irrespective of the manufacturer's
instructions or the manufacturer's use position. The test is based on
an evaluation of the bounded opening(s) that is/are most likely to
create an entrapment hazard and should address the potential for
entrapment hazards for multi-positional or adjustable grab bars in
strollers.
The commenter also recommended that a car seat adapter that can
remain in the stroller be tested for head entrapment. Currently, the
Commission is not aware of a car seat adapter that is intended to
remain installed in the stroller when the car seat is not used; and the
Commission does not have any additional information or data to
recommend additional requirements for car seat adapters at this time.
However, this issue may be raised in an ASTM subcommittee meeting for
further review and discussion.
6. Effective Date
Comment: Several comments addressed the effective date of the
proposed rule. One commenter supported the proposed 18-month effective
date. A second commenter asked the Commission to take a careful look at
how much time is needed to bring carriages and strollers into
compliance and to make the new rule effective on the earliest
practicable date. A third commenter suggested a 12-month effective
date. The commenter stated that, given the extended length of time that
it took for both the voluntary standard and the proposed rule to reach
this point, consumers should not have to wait until late 2015 to see
products that meet the standard.
Response: In the NPR, the Commission noted that there were
significant revisions to the ASTM standard in ASTM F833-13 requiring
many modifications to carriages and strollers. Due to the complexity of
stroller designs, and to allow time for manufacturers to come into
compliance, the Commission proposed an 18-month effective date. The new
performance requirements and test methods adopted in ASTM 833-13 and
ASTM 833-13b are extensive and require manufacturers to make
fundamental changes to carriages and strollers (i.e., latching
mechanism, parking brakes, static load, restraining system, passive
containment/foot openings, wheel and swivel assemblies, hinges, and
stability/tip over.) Although these requirements were approved in ASTM
833-13 in April, 2013, after the NPR was published, ASTM revised the
standard, ASTM 833-13b, on November 1, 2013, to address the scissoring,
shearing, and pinching hazards in 2D fold strollers. Now, in the final
rule, the Commission requires an additional modification to address
head entrapment issues. All of these requirements warrant additional
time to allow manufacturers to come into full compliance with the
mandatory standard. The Commission believes that 18 months is a
reasonable amount of time for manufacturers who will need to redesign
products, test new prototype products, and then retool their production
processes to meet the considerable modifications that were made in ASTM
F833-13 and ASTM F833-13b, plus the additional modification to the
passive containment/foot opening test method in the final rule.
Moreover, 18 months will reduce the impact on the firms that have
product lines that largely or exclusively focus on strollers and
stroller accessories. A longer effective date reduces the impact on
firms in two ways. First, firms are less likely to experience a lapse
in production, which could result if they are unable to comply within
the required timeframe. Second, firms could spread costs over a longer
time period. For these reasons, the standard for carriages and
strollers will become effective 18 months after publication of the
final rule.
7. Effective Date Marking
Comment: Two commenters stated that products that are manufactured
after the effective date of the rule should be marked clearly so that
consumers can easily identify products that meet the mandatory
standard.
Response: A code mark or other means that identifies the date
(month and year at a minimum) of manufacture is already required to be
on the product under ASTM F833-13b. In addition, a final rule
implementing sections 14(a)(2) and 14(i)(2) of the Consumer Product
Safety Act (CPSA), as amended by the CPSIA, Testing and Labeling
Pertaining to Product Certification, 16 CFR part 1107 (the 1107 rule),
became effective on February 13, 2013. Under the 1107 rule, a
manufacturer or importer may voluntarily label a certified compliant
product: ``Meets CPSC Safety Requirements.'' At this time, the
Commission will not require additional markings because ASTM F833-13b
already requires the date of manufacture on each product and retail
package, and producers may label compliant products as such under the
1107 rule.
8. Restraining System/Harness
Comment: One commenter suggested that the Commission require a
five-point harness for all strollers and carriages for improved
protection to ensure that the child does not move into an unsafe
position on his own or due to the stroller being jarred. This commenter
also suggested that the Commission look for feasible means of requiring
an alert mechanism to indicate whether the harness restraint system is
secured properly.
Response: Although a five-point harness system may provide extra
protection if a stroller tips over, CPSC staff's review of incident
data did not demonstrate that such a system would result in a
significant improvement in occupant safety beyond a three-point
harness. Moreover, the recent changes to prevent stroller tip over that
have been added to ASTM F833-13 and adopted in ASTM F833-13b, such as
the new wheel-detachment requirements, should mitigate the likelihood
of tip-over incidents. Accordingly, at this time, the Commission will
not require a five-point harness in the standard. In addition, the
Commission has insufficient information regarding whether an alert
mechanism could be implemented without significantly raising the cost
of a stroller, or whether such a system would be effective in reducing
incidents involving restraints. However, this issue may be raised for
further review and discussion in an ASTM subcommittee meeting.
9. Warnings
Comment: To emphasize the risk of entrapment or suffocation to
children falling asleep in strollers and other infant products not
intended for overnight sleep (but where children often fall asleep),
one commenter recommended changing the wording in section 8.2.2 of the
standard, which currently states: ``Do not leave child unattended'' to
state instead: ``Children have become entrapped or suffocated while
sleeping in strollers. Never leave a sleeping child unattended. Move to
a crib or safe sleep surface.''
[[Page 13213]]
Response: The current wording advises the caregiver to attend to
the child whether or not he/she is sleeping, thus providing a more
generic warning. In most of the incidents where children were
reportedly sleeping, the caregiver was also present. CPSC staff's
review of the incident data shows that in one of the fatal incidents, a
child was left sleeping in the stroller and was later found entrapped
between the seat and tray. In another fatal incident, a child was left
sleeping in the infant carrier that was attached to the stroller and
found entrapped between the stroller handlebar and foot end of the car
seat. The Commission reiterates that children should not be left
unattended whether they are sleeping or not. However, the Commission
believes that products in which children often fall asleep, such as
strollers and hand-held carriers, could benefit from a harmonized and
well-designed warning label on the product to educate consumers to take
proper action. Accordingly, the Commission would support CPSC staff's
participation in a cross-product ad hoc working group; and should the
need arise, the Commission will consider future action, once such a
warning label is developed.
Comment: Another commenter recommended changing the current wording
in section 8.2.2 of ASTM F833-13 from: ``The product shall have the
following warning statements . . .'' to: ``The product shall have the
following warning statements that address . . .'' to provide additional
flexibility for manufacturers to alter warnings.
Response: The warning statements in sections 8.2.2.2, 8.2.2.3, and
8.2.2.4 already include a provision for manufacturers to insert their
own words to describe their restraint system or product-specific
instructions. The suggestion would only affect section 8.2.2.1, which
includes the warning statement: ``Never leave child unattended.'' The
commenter stated that a simple change in wording to: ``Never leave your
child unattended'' would not be allowed under 8.2.2. The Commission
does not believe that a change to the warnings is warranted, given that
the requested word changes would not necessarily increase the
effectiveness of the warning. However, this issue may be raised for
further review and discussion in a future ASTM subcommittee meeting.
G. Final Rule
The CPSC is incorporating by reference ASTM F833-13b because the
Commission's proposed modifications in the NPR have been adopted in
ASTM F833-13b, including requirements and test methods to address
scissoring, shearing, and pinching hazards associated with 2D fold
strollers. However, the Commission is requiring an additional
modification to the passive containment/foot opening test method in
ASTM F833-13b, to address head entrapment hazards associated with
multi-positional/adjustable grab bars. Specifically, the test method
for passive containment/foot opening is revised as follows:
(a) 7.12.1 Secure the front wheels of the unit in their normal
standing position so that the unit cannot move forward. Attach the
tray(s) or grab bar(s) in the position that creates the bounded
opening(s). Position any adjustable features (that is, grab bar, calf
supports, foot rests, etc.) that may affect the bounded opening(s) to
create an opening(s) size that is most likely to cause failure; and
(b) 7.12.3 If necessary, reattach/reposition tray(s) grab bar(s),
then perform the torso probe test per 7.12.4. Position any adjustable
features (that is, grab bar, calf supports, foot rests, etc.) that may
affect the bounded opening(s), to create the opening(s) size that is
most likely to cause failure.
H. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of the rule be at least 30 days after publication of the
final rule. 5 U.S.C. 553(d). The safety standard for carriages and
strollers will become effective 18 months after publication of a final
rule in the Federal Register.
I. Regulatory Flexibility Act
1. Introduction
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires
agencies to consider the impact of proposed and final rules on small
entities, including small businesses. Section 604 of the RFA requires
that the Commission prepare a final regulatory flexibility analysis
when promulgating final rules, unless the head of the agency certifies
that the rule will not have a significant impact on a substantial
number of small entities. The final regulatory flexibility analysis
must describe the impact of the proposed rule on small entities and
identify any alternatives that may reduce the impact. Specifically, the
final regulatory flexibility analysis must contain:
A succinct statement of the objectives of, and legal basis
for, the rule;
a summary of the significant issues raised by public
comments in response to the initial regulatory flexibility analysis, a
summary of the assessment of the agency of such issues, and a statement
of any changes made in the proposed rule as a result of such comments;
a description of, and, where feasible, an estimate of, the
number of small entities to which the rule will apply;
a description of the projected reporting, recordkeeping,
and other compliance requirements of the rule, including an estimate of
the classes of small entities subject to the requirements and the type
of professional skills necessary for the preparation of reports or
records; and
a description of the steps the agency has taken to reduce
the significant economic impact on small entities, consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the rule, and why each one of the other significant
alternatives to the rule considered by the agency, which affect the
impact on small entities, was rejected.
2. Reason for Agency Action
The Danny Keysar Child Product Safety Notification Act, section 104
of the CPSIA, requires the CPSC to promulgate mandatory standards that
are substantially the same as, or more stringent than, the voluntary
standard for a durable infant or toddler product. CPSC staff worked
closely with ASTM stakeholders to develop the new requirements and test
procedures that have been incorporated into ASTM F833-13b, which
together form the basis for the mandatory standard.
3. Other Federal Rules
There are two federal rules that would impact the stroller
mandatory standard: (1) Testing and Labeling Pertaining to Product
Certification (16 CFR part 1107); and (2) Requirements Pertaining to
Third Party Conformity Assessment Bodies (16 CFR part 1112).
The testing and labeling rule (16 CFR part 1107) requires that
manufacturers of children's products subject to product safety rules,
certify, based on third party testing, that their children's products
comply with all applicable safety rules. Because strollers will be
subject to a mandatory rule, they will also be subject to the third
party testing requirements when the stroller rule becomes effective.
In addition, the 1107 rule requires the third party testing of
children's products to be conducted by CPSC-accredited laboratories.
Section 14(a)(2) of the Consumer Product Safety Act (CPSA) requires the
Commission to publish a
[[Page 13214]]
notice of requirements (NOR) for the accreditation of third party
conformity assessment bodies (i.e., testing laboratories) to test for
conformance with each children's product safety rule. These NORs are
set forth in 16 CFR part 1112.
4. Impact on Small Business
There are approximately 85 firms that currently supply carriages/
strollers in the United States. Under U.S. Small Business
Administration (SBA) guidelines, a manufacturer of strollers is
considered small if the manufacturer has 500 or fewer employees, and
importers and wholesalers are considered small if they have 100 or
fewer employees. Based on these guidelines, about 55 are small firms--
26 domestic manufacturers, 26 domestic importers, and three firms with
unknown supply sources. There may be additional unknown small stroller
suppliers operating in the U.S. market.
Small Manufacturers
The expected impact of the final rule will differ based on whether
a firm's strollers are already compliant with ASTM F833-11, the
voluntary standard in effect prior to ASTM F833-13. In general, firms
whose strollers meet the requirements of ASTM F833-11 are likely to
continue to comply with the voluntary standard as new versions are
published. Many of these firms are active in the ASTM standard
development process, and compliance with the voluntary standard is part
of an established business practice. Firms supplying strollers that
comply with ASTM F833-11 likely would also comply with F833-13b before
the final rule becomes effective.
ASTM F833-13b requirements could require product redesign for at
least some strollers that are not compliant with ASTM F833-11 (eight of
26 small domestic manufacturers). Most of the redesign and retooling
costs are associated with meeting the requirements of the standard. A
redesign would be minor if most of the changes involve adding straps
and fasteners or using different mesh or fabric. However, a redesign
could be more significant if changes to the frame are required. Due to
the complexity of carriages and strollers, a complete redesign of these
products, including engineering time, prototype development, tooling,
and other incidental costs, could exceed $1 million for the most
complex stroller models. Industry sources, including the Juvenile
Products Manufacturers Association (JPMA) note that new tooling alone
could exceed $300,000 per product model. However, costs and development
time are likely to vary widely across firms. Companies with substantial
experience in manufacturing strollers should be able to complete
redesigns more cost effectively than firms with less experience.
Additionally, firms with numerous stroller models may experience lower
costs because stroller models could be redesigned as a group.
The modification to the passive containment/foot opening test
method may or may not have any impact on small manufacturers because
CPSC staff could not identify any strollers on the U.S. market that
have adjustable grab bars. Therefore, the direct impact on
manufacturers whose products are expected to meet the requirements of
ASTM F833-13b (18 of 26 small domestic manufacturers) is not expected
to be significant, although it is possible that there are unknown
stroller suppliers with products that might be affected.
The 18-month effective date may mitigate the impact on small
manufacturers because such firms are less likely to experience a lapse
in production, which could result if these firms are unable to comply
within the required timeframe, and costs may be spread over a longer
period.
In addition, there are indirect impacts. Once the new requirements
become effective, all manufacturers will be subject to the additional
costs associated with third party testing and certification
requirements triggered by the final rule. Those additional third party
testing costs will pertain to any physical and mechanical test
requirements specified in the stroller final rule; lead and phthalates
testing is already required. Third party testing costs could as much as
$800-$1,000 per model sample.
On average, each small domestic manufacturer supplies seven
different models of strollers to the U.S. market annually. Therefore,
if third party testing were conducted every year on a single sample for
each model, third party testing costs for each manufacturer would be
about $5,600-$7,000 annually. Based on a review of firm revenues, the
impact of third party testing to ASTM F833-13b is unlikely to be
significant if only one stroller sample per model is required. However,
the economic impact could be significant for some small firms, if as
few as two or three samples per model are required to meet the testing
requirements.
Small Importers
In the absence of regulation, small importers of strollers
currently in compliance with F833-11 (13 of 26 small domestic
importers) would likely continue to comply with the standard as it
evolves, including the final mandatory standard. Any increase in
production costs experienced by their suppliers may be passed on to
them. However, these costs are not likely to be significant, given that
CPSC staff could not identify any strollers on the U.S. market that
have adjustable grab bars requiring modification.
Small importers of strollers would need to find an alternate source
if their existing supplier does not come into compliance with the
requirements of ASTM F833-13b. Thirteen importers of strollers
currently may not be in compliance with ASTM F833-11. Some importers
may discontinue the carriage/stroller product line altogether. The
impact of such a decision could be mitigated by replacing the
noncompliant stroller with a compliant stroller or by deciding to
import an alternative product. However, some of these firms have few or
no other products in their product line. Because many of these firms
have low sales revenues and limited product lines apart from strollers
and stroller accessories, it is possible that the final rule could have
a significant impact on one or more importers. The 18-month effective
date may mitigate the impact because such firms are less likely to
experience a lapse in obtaining compliant strollers, which could result
if they are unable to comply within the required timeframe; and costs
may be spread over a longer time period.
All importers are also subject to third party testing and
certification requirements. Consequently, importers will experience
costs similar to those for manufacturers, if their supplying foreign
firm(s) does not perform third party testing. The resulting costs could
have a significant impact on a few small importers who must perform the
testing themselves, even if only one sample per model were required.
5. Alternatives
One alternative that could reduce the impact on small entities
would be to make the voluntary standard mandatory, with no further
modifications. However, given that CPSC staff could not identify any
strollers on the U.S. market that currently would be impacted by the
modification to the passive containment/foot opening test method, this
reduction may be insignificant. In addition, incorporating the
voluntary standard without modifications would not substantially
benefit firms with noncompliant products because their strollers might
still require redesign.
[[Page 13215]]
The 18-month effective date may mitigate the impact because suppliers
will have additional time to modify and/or develop compliant strollers
and spread the associated costs over a longer period of time. However,
the Commission could opt to set a later effective date, which may
reduce further the impact on affected firms. A third alternative would
be to set an earlier effective date. However, setting an earlier
effective date could increase the impact of the rule on small entities,
particularly those with limited product lines and low sales revenues.
J. Environmental Considerations
The Commission's regulations address whether we are required to
prepare an environmental assessment or an environmental impact
statement. These regulations provide a categorical exclusion for
certain CPSC actions that normally have ``little or no potential for
affecting the human environment.'' Among those actions are rules or
safety standards for consumer products. 16 CFR 1021.5(c)(1). The rule
falls within the categorical exclusion.
K. Paperwork Reduction Act
This rule contains information collection requirements that are
subject to public comment and review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). The preamble to the proposed rule (77 FR 29286) discussed the
information collection burden of the proposed rule and specifically
requested comments on the accuracy of our estimates. Sections 8 and 9
of ASTM F833-13b contain requirements for marking, labeling, and
instructional literature. These requirements fall within the definition
of ``collection of information,'' as defined in 44 U.S.C. 3502(3).
OMB has assigned control number 3041-0164 to this information
collection. The Commission did not receive any comments regarding the
information collection burden of this proposal. However, the final rule
makes modifications regarding the information collection burden because
the number of estimated manufacturers subject to the information
collection burden is now estimated at 85 manufacturers rather than the
86 manufacturers initially estimated in the proposed rule due to firms
entering and exiting the U.S. stroller market. Additionally, the
average number of stroller models supplied by all of the firms has
increased from six to eight models.
Accordingly, the estimated burden of this collection of information
is modified, as follows:
Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Hours per Total burden
16 CFR Section respondents responses responses response hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1227............................................................... 85 8 680 1 680
--------------------------------------------------------------------------------------------------------------------------------------------------------
L. Preemption
Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a
consumer product safety standard is in effect and applies to a product,
no state or political subdivision of a state may either establish or
continue in effect a requirement dealing with the same risk of injury
unless the state requirement is identical to the federal standard.
Section 26(c) of the CPSA also provides that states or political
subdivisions of states may apply to the Commission for an exemption
from this preemption under certain circumstances. Section 104(b) of the
CPSIA refers to the rules to be issued under that section as ``consumer
product safety rules,'' thus, implying that the preemptive effect of
section 26(a) of the CPSA would apply. Therefore, a rule issued under
section 104 of the CPSIA will invoke the preemptive effect of section
26(a) of the CPSA when it becomes effective.
M. Certification and Notice of Requirements (NOR)
Section 14(a) of the CPSA imposes the requirement that products
subject to a consumer product safety rule under the CPSA, or to a
similar rule, ban, standard or regulation under any other Act enforced
by the Commission, must be certified as complying with all applicable
CPSC-enforced requirements. 15 U.S.C. 2063(a). Section 14(a)(2) of the
CPSA requires that certification of children's products subject to a
children's product safety rule be based on testing conducted by a CPSC-
accepted third party conformity assessment body. Section 14(a)(3) of
the CPSA requires the Commission to publish a NOR for the accreditation
of third party conformity assessment bodies (or laboratories) to assess
conformity with a children's product safety rule to which a children's
product is subject. The ``Safety Standard for Carriages and
Strollers,'' to be codified at 16 CFR part 1227, is a children's
product safety rule that requires the issuance of an NOR.
The Commission published a final rule, Requirements Pertaining to
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013),
which is codified at 16 CFR part 1112 (referred to here as part 1112).
This rule became effective on June 10, 2013. Part 1112 establishes
requirements for accreditation of third party conformity assessment
bodies (or laboratories) to test for conformance with a children's
product safety rule in accordance with Section 14(a)(2) of the CPSA.
Part 1112 also codifies a list of all of the NORs that the CPSC had
published at the time part 1112 was issued. All NORs issued after the
Commission published part 1112, such as the standard for carriages and
strollers, require the Commission to amend part 1112. Accordingly, this
rule amends part 1112 to include the standard for carriages and
strollers in the list with the other children's product safety rules
for which the CPSC has issued NORs.
Laboratories applying for acceptance as a CPSC-accepted third party
conformity assessment body to test to the new standard for carriages
and strollers would be required to meet the third party conformity
assessment body accreditation requirements in 16 CFR part 1112,
Requirements Pertaining to Third Party Conformity Assessment Bodies.
When a laboratory meets the requirements as a CPSC-accepted third party
conformity assessment body, the laboratory can apply to the CPSC to
have 16 CFR part 1227, Safety Standard for Carriages and Strollers,
included in its scope of accreditation of CPSC safety rules listed for
the laboratory on the CPSC Web site at: www.cpsc.gov/labsearch.
CPSC staff conducted an analysis of the potential impacts on small
entities of the proposed rule establishing accreditation requirements,
as required by the Regulatory Flexibility Act, and the agency prepared
an Initial Regulatory Flexibility Analysis (IRFA). Requirements
Pertaining to Third Party Conformity Assessment Bodies. 77 FR 31086,
31123-26. Specifically, the NOR for the standard for carriages and
strollers would not have a significant adverse impact on small
laboratories.
[[Page 13216]]
Based upon the number of laboratories in the United States that have
applied for CPSC acceptance of the accreditation to test for
conformance to other juvenile product standards, we expect that only a
few laboratories will seek CPSC acceptance of their accreditation to
test for conformance with the standard for carriages and strollers.
Most of these laboratories already will have been accredited to test
for conformance to other juvenile product standards, and the only cost
to them would be the cost of adding the standard for carriages and
strollers to their scope of accreditation. As a consequence, the
Commission certifies that the NOR for the standard for carriages and
strollers will not have a significant impact on a substantial number of
small entities.
List of Subjects
16 CFR Part 1112
Administrative practice and procedure, Audit, Consumer protection,
Reporting and recordkeeping requirements, Third party conformity
assessment body.
16 CFR Part 1227
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, and Toys.
For the reasons discussed in the preamble, the Commission amends
Title 16 of the Code of Federal Regulations as follows:
PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES
0
1. The authority citation for part 1112 continues to read as follows:
Authority: 15 U.S.C. 2063; Pub. L. 110-314, section 3, 122
Stat. 3016, 3017 (2008).
0
2. Amend Sec. 1112.15 by adding paragraph (b)(36) to read as follows:
Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule and/or test method?
* * * * *
(b)(36) 16 CFR part 1227, Safety Standard for Carriages and
Strollers.
* * * * *
0
3. Add part 1227 to read as follows:
PART 1227--SAFETY STANDARD FOR CARRIAGES AND STROLLERS
Sec.
1227.1 Scope.
1227.2 Requirements for carriages and strollers.
Authority: The Consumer Product Safety Improvement Act of 2008,
Pub. L. 110-314, Sec. 104, 122 Stat. 3016 (August 14, 2008); Pub.
L. 112-28, 125 Stat. 273 (August 12, 2011).
Sec. 1227.1 Scope.
This part establishes a consumer product safety standard for
carriages and strollers.
Sec. 1227.2 Requirements for carriages and strollers.
(a) Except as provided in paragraph (b) of this section, each
carriage and stroller must comply with all applicable provisions of
ASTM F833-13b, Standard Consumer Safety Performance Specification for
Carriages and Strollers, approved on November 1, 2013. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West
Conshohocken, PA 19428; https://www.astm.org/cpsc.htm. You may inspect a
copy at the Office of the Secretary, U.S. Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814,
telephone 301-504-7923, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal regulations/ibr_locations.html.
(b) Comply with ASTM F833-13b standard with the following changes:
(1) Instead of complying with section 7.12.1 of ASTM F833-13b,
comply with the following:
(i) 7.12.1 Secure the front wheels of the unit in their normal
standing position so that the unit cannot move forward. Attach the
tray(s) or grab bar(s) in the position that creates the bounded
opening(s). Position any adjustable features (that is, grab bar, calf
supports, foot rests, etc.) that may affect the bounded opening(s) to
create an opening(s) size that is most likely to cause failure.
(ii) [Reserved]
(2) Instead of complying with section 7.12.3 of ASTM F833-13b,
comply with the following:
(i) 7.12.3 If necessary, reattach/reposition tray(s) grab bar(s),
then perform the torso probe test per 7.12.4. Position any adjustable
features (that is, grab bar, calf supports, foot rests, etc.) that may
affect the bounded opening(s), to create the opening(s) size that is
most likely to cause failure.
(ii) [Reserved]
Dated: March 5, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2014-05065 Filed 3-7-14; 8:45 am]
BILLING CODE 6355-01-P