Safety Standard for Infant and Infant/Toddler Rockers; Supplemental Information; Notice of Availability and Request for Comment, 67917-67919 [2024-18133]
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Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Proposed Rules
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
*
*
*
*
*
Issued in Des Moines, Washington, on
August 15, 2024.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2024–18732 Filed 8–21–24; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112, 1130, and 1240
Environmental Review
[Docket No. CPSC–2023–0046]
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures,’’ prior to any FAA final
regulatory action.
Safety Standard for Infant and Infant/
Toddler Rockers; Supplemental
Information; Notice of Availability and
Request for Comment
Airspace, Incorporation by reference,
Navigation (air).
Consumer Product Safety
Commission.
ACTION: Proposed rule; availability of
supplemental information; request for
comment.
The Proposed Amendment
SUMMARY:
AGENCY:
List of Subjects in 14 CFR Part 71
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
That airspace extending upward from 700
feet above the surface within an area
bounded by a line beginning at lat. 60°11′28″
N, long. 148°4′30″ W; to lat. 60°18′43″ N,
long. 147°59′37″ W; to lat. 60°18′23″ N, long
147°55′19″ W; to lat. 60°14′30″ N, long.
147°56′37″ W; to lat. 60°5′57″ N, long.
147°37′29″ W; to lat. 60°3′26″ N, long.
147°42′48″ W; thence back to the point of
beginning.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AAL AK E5 Chenega, AK [Amended]
Chenega Bay Airport, AK
(Lat. 60°04′43″ N, long. 147°59′41″ W)
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The U.S. Consumer Product
Safety Commission (Commission or
CPSC) published a notice of proposed
rulemaking (NPR) in October 2023 to
address risks of death and injury
associated with infant suffocations,
falls, and other hazards associated with
infant and infant/toddler rockers
(rockers). CPSC announces the
availability of, and seeks comment on,
details about incident data relevant to
the rulemaking and associated with
infant and toddler rocker use. CPSC also
seeks comment on a standard
tessellation language (STL) file (used in
computer-aided design) for a firmness
test fixture proposed in the NPR, and a
updated version of the voluntary
standard for rockers.
DATES: Submit comments by September
23, 2024.
ADDRESSES: Submit comments,
identified by Docket No. CPSC–2023–
0046, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC does not accept comments
submitted by email, except as described
below. CPSC encourages you to submit
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electronic comments by using the
Federal eRulemaking Portal.
Mail/Hand Delivery/Courier Written
Submissions: Submit comments by
mail/hand delivery/courier to: Office of
the Secretary, U.S. Consumer Product
Safety Commission 4330 East West
Highway, Bethesda, MD 20814;
telephone: (301) 504–7479. If you wish
to submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public, you may submit such
comments by mail, hand delivery, or
courier, or you may email them to: cpscos@cpsc.gov.
Instructions: All submissions must
include the agency name and docket
number for this notice. CPSC may post
all comments without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
electronically: confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If you wish to submit such
information, please submit it according
to the instructions for mail/hand
delivery/courier written submissions.
Docket: To read background
documents or comments regarding this
proposed rulemaking, go to: https://
www.regulations.gov, insert Docket No.
CPSC–2023–0046 in the ‘‘Search’’ box,
and follow the prompts.
FOR FURTHER INFORMATION CONTACT:
Zachary S. Foster, Project Manager,
Division of Human Factors, Directorate
for Engineering Sciences, Consumer
Product Safety Commission, 5 Research
Place, Rockville, MD 20850; telephone
(301) 987–2034; email: zfoster@
cpsc.gov.
SUPPLEMENTARY INFORMATION: Section
104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA)
requires the Commission to promulgate
consumer product safety standards for
durable infant or toddler products.
Under this statutory direction, in
October 2023, the Commission
published an NPR, Safety Standard for
Infant and Infant/Toddler Rockers, to
reduce the risk of death and injury
associated with rockers. 88 FR 73551
(Oct. 26, 2023).
The NPR defines an ‘‘infant rocker’’ as
‘‘a freestanding product intended to
support an occupant who has not
developed the ability to sit up
unassisted, up to 20 lb. (approximately
0 through 6 months of age), in a seated,
reclined position greater than 10° and to
facilitate rocking by the occupant with
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Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Proposed Rules
the aid of the caregiver or by other
means,’’ while an ‘‘infant/toddler
rocker’’ is ‘‘a freestanding product
intended to support an occupant in a
seated, reclined position greater than
10° and to facilitate rocking by the
occupant with the aid of the caregiver
or by other means until the occupant is
approximately age 2.5 years, up to 40
lb.’’ 89 FR 2544.
In July 2014, ASTM International’s
(ASTM) Committee F15 on Consumer
Products first published a voluntary
standard for rockers—ASTM F3084–14,
Standard Consumer Safety
Specification for Infant and Infant/
Toddler Rockers, to minimize the risk of
injury or death associated with
children’s use of rockers. The standard
addressed hazards associated with
product disassembly and collapse,
stability, and falls from an elevated
surface. Hazard mitigation provisions
included performance requirements,
warnings, and instructional literature.
The ASTM standard has been revised
six times since 2014: in 2016, 2018,
2020, 2022, and twice after publication
of the NPR (in January 2024 and again
in July 2024).
The January 2024 revision of ASTM’s
voluntary standard for rockers, ASTM
F3084–23, included: (1) revisions to the
definitions to include an upper weight
limit for infant rockers and infant/
toddler rockers; (2) modification to
restraint storage requirements; (3)
clarification of the forward stability test
and modification to the static load
application location; and (4) addition of
battery compartment performance
requirements and a battery leakage test.
ASTM published its latest revision on
July 31, 2024—ASTM F3084–24. This
revision includes the January 2024
additions, while also establishing new
elements intended to address the
tethered strap and/or cord hazards
discussed in the NPR. In relevant part,
ASTM F3084–24 adds (1) definitions for
‘‘cord,’’ ‘‘strap,’’ and ‘‘tethered strap
and/or cord’’ and (2) performance
requirements and test methods to
address tethered strap and/or cord
hazards, including entrapment and
entanglement, as well as adds
accompanying figures of test probes.
CPSC intends to refer to the July 2024
version of ASTM F3084 should it
proceed to issuing a final rule. CPSC
will evaluate whether the NPR’s
recommended substantive changes are
addressed in ASTM’s July 2024 version
of the voluntary standard. The
Commission seeks comment on the
proposed incorporation by reference of
ASTM F3084–24.
The Office of the Federal Register
(OFR) has regulations concerning
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incorporation by reference. 1 CFR part
51. For a proposed rule, agencies must
discuss in the preamble of the NPR
ways that the material the agency
proposes to incorporate by reference is
reasonably available to interested
persons or how the agency worked to
make the material reasonably available.
In addition, the preamble of the
proposed rule must summarize the
material. 1 CFR 51.5(a). In accordance
with the OFR’s requirements, this
section summarizes the provisions of
ASTM F3084–24 that the Commission
proposes to incorporate by reference.
ASTM F3084–24 is copyrighted. By
permission of ASTM, the standard can
be viewed as a read-only document
during the comment period of this
rulemaking, at: www.astm.org/cpsc.htm.
To download or print the standard,
interested persons may purchase a copy
from ASTM, through its website
(www.astm.org), or by mail from ASTM
International, 100 Bar Harbor Drive,
P.O. Box 0700, West Conshohocken, PA
19428. Alternatively, interested parties
may inspect a copy of the standard at
CPSC’s Office of the Secretary by
contacting Alberta E. Mills, Secretary,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; phone: 301–504–
7479; email: cpsc-os@cpsc.gov. The
Commission is now making available to
the public incident reports underlying
the data discussed in the NPR, as
described below.1 The Commission’s
intent is to disclose all relied-upon
incidents, including reports submitted
into SaferProducts.gov, hospital
database reports, In-Depth
Investigations (IDIs), and incidents
submitted to CPSC by manufacturers
and retailers under section 15 of the
Consumer Product Safety Act (CPSA),
subject to the limits in section 6 of the
CPSA (section 15 reports). 15 U.S.C.
2055.
These reports have been redacted to
protect personal information,
confidential medical information, and
other information protected from
disclosure by section 6 of the CPSA. In
particular, section 6(a) of the CPSA
prohibits CPSC from disclosing trade
secrets and commercial or financial
information obtained from a person that
is privileged or confidential, and it
requires CPSC to offer such
manufacturer or private labeler an
opportunity to mark such information as
confidential. 15 U.S.C. 2055(a). If the
Commission determines that a report
marked as confidential by a
manufacturer or private labeler may be
1 The Commission voted unanimously (5–0) on
August 6, 2024, to publish this document.
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disclosed because it is not confidential
information as provided by section
6(a)(2), the Commission must notify the
manufacturer or private labeler within a
specified time frame before any
disclosure. Section 6(b) of the CPSA
also imposes limitations on CPSC’s
public disclosure of information that
will permit the public to ascertain
readily the identity of a manufacturer or
private labeler but contains specific
exceptions for disclosure of such
information in the course of or
concerning a rulemaking proceeding. 15
U.S.C. 2055(b)(4). Section 6(b)(5) of the
CPSA contains limitations on public
disclosure of information if the
information was submitted to CPSC
pursuant to section 15(b) of the CPSA,
15 U.S.C. 2064(b). 15 U.S.C. 2055(b).
Section 6(b)(5)(c) also prohibits
disclosure of information submitted
pursuant to CPSA section 15(b) unless
the firm submitting the information
‘‘agrees to its public disclosure.’’ 15
U.S.C. 2055(b)(5)(C). Thus, prior to
disclosure, CPSC offers such a
manufacturer or private labeler an
opportunity to mark such information as
confidential, and it asks for the firm’s
agreement to release the documents.
CPSC notified all four submitters who
provided incident information
underlying the NPR to CPSC under
section 15(b), and it sought consent to
release the incident information
pursuant to section 6. All four
submitters consented to disclosure with
redactions. Two of those firms
consented to disclosure of one section
15 report each, the third firm consented
to disclosure of six section 15 reports,
and the fourth firm consented to
disclosure of 1,010 section 15 reports.
The NPR contained information about
incidents from two databases: the
Consumer Product Safety Risk
Management System (CPSRMS) 2 and
the National Electronic Injury
Surveillance System (NEISS).3 CPSC
2 CPSRMS includes data primarily from three
groups of sources: incident reports, death
certificates, and in-depth follow-up investigation
reports. A large portion of CPSRMS consists of
incident reports from consumer complaints, media
reports, medical examiner or coroner reports,
retailer or manufacturer reports (incident reports
received from a retailer or manufacturer involving
a product they sell or make), safety advocacy
groups, law firms, and federal, state, or local
authorities, among others. It also contains death
certificates that CPSC purchases from all 50 states,
based on selected external cause of death codes
(ICD–10). The third major component of CPSRMS
is the collection of in-depth follow-up investigation
reports. Based on the incident reports, death
certificates, or NEISS injury reports, CPSC Field
staff conduct IDIs (on-site, via telephone, or online)
of incidents, deaths, and injuries, which are then
stored in CPSRMS.
3 NEISS is the source of the injury estimates; it
is a statistically valid injury surveillance system.
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Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
staff searched these databases for
fatalities, incidents, and concerns
associated with rockers and involving
infants and toddlers up to five years old,
reported to have occurred between
January 1, 2011, and November 7, 2022.
This search revealed data pertaining to
at least 11 fatalities and 88 injuries, with
1,088 total incidents reported to CPSC.
The NPR included information about
the hazard patterns associated with
these fatal and nonfatal incidents, such
as the child’s age, hazard scenarios, and
product-design concerns.
Relevant data from CPSRMS for the
11-year period include records of fatal
and nonfatal incidents, such as incident
reports from medical examiners,
consumers, death certificates, and
manufacturers. Some of the incident
data relied on for the rulemaking were
obtained from 47 IDIs conducted by
CPSC. Among these IDIs, 11 were fatal
incidents and 36 were nonfatal
incidents. Incident data have been
redacted for personally identifiable
information or confidential medical
information, as required by law and any
applicable confidentiality agreements.
Data available from NEISS for the 11year period contain too few emergency
department-treated injuries associated
with rockers to derive reportable
national estimates based on the NEISSparticipating sample hospitals.
Although CPSC was unable to provide
national injury estimates based on
NEISS data, one NEISS injury case is
included in the total count of reported
incidents.
The Commission is also making
available an STL file for the handle of
the firmness test fixture proposed in the
NPR. Commenters on the NPR indicated
that the drawing of the fixture in the
NPR was incomplete and did not
include enough detail to allow
development and testing of the
proposed fixture.4 The STL file can be
used to examine the handle geometry, or
to 3D print a handle similar to that used
in the seated product report referenced
in the NPR 5 and used by CPSC staff in
NEISS injury data are gathered from emergency
departments of a representative sample of U.S.
hospitals, with 24-hour emergency departments and
at least six beds. The surveillance data gathered
from the sample hospitals enable CPSC staff to
make timely national estimates of the number of
injuries associated with specific consumer
products.
4 Safety Standard for Infant and Infant/Toddler
Rockers, Notice of Proposed Rulemaking, published
Oct. 26, 2023, Figure 4 to Paragraph (b)(10)(x)—
Hand-Held Firmness Test Device; 88 FR 73566.
5 Mannen, E.M., Siegel, D., Goldrod, S., Bossart,
A., Lujan, T.J., Wilson, C., Whitaker, B., Carrol, J.
(2023). Seated Products Characterization and
Testing. Report available at https://www.cpsc.gov/
content/Report-Boise-State-Universitys-SeatedProducts-Characterization-and-Testing.
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17:05 Aug 21, 2024
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testing rockers. The Commission seeks
comment on which design features of
the handle should be considered critical
to the performance of the firmness test;
which features should be customizable
by users based on the test equipment
that is attached to the handle; and
whether any changes should be made to
the drawing of the handle based on the
assessment.
The Commission invites comments on
the incident data and analysis of this
data in the NPR, the STL file and its
proposed use in the NPR, and
incorporation by reference of the
updated ASTM standard, F3084–24.
Upon publication of this document in
the Federal Register, CPSC will make
available for review and comment the
incident reports relied upon and
discussed in the NPR, to the extent
allowed by applicable law, along with
the associated IDIs. The data will be
made available by submitting a request
at: https://forms.office.com/g/
WwGfAvpwg0. You will then receive a
website link to access the data at the
email address you provide. If you do not
receive a link within two business days,
please contact Zachary S. Foster, email:
zfoster@cpsc.gov. Information on how to
submit comments and contact
information for CPSC’s Office of the
Secretary are in the ADDRESSES section
of this notice.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2024–18133 Filed 8–21–24; 8:45 am]
BILLING CODE 6355–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0311; FRL–12092–
01–R9]
Conditional Approval of Arizona State
Implementation Plan Revisions;
Maricopa County Air Quality
Department; Mobile Source Emission
Reduction Credits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve a revision to the
Maricopa County Air Quality
Department’s (MCAQD or
‘‘Department’’) portion of the Arizona
State Implementation Plan (SIP). This
rule revision establishes a program
allowing fleet owners/operators to
SUMMARY:
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67919
generate emission reduction credits
(ERCs) by either retrofitting or replacing
existing fleet vehicles with lower
emitting vehicles and meeting other
ongoing requirements. These ERCs are
intended for use as offsets under the
Department’s nonattainment New
Source Review (NNSR) program. We are
taking comments on this proposal and
plan to follow with a final action.
DATES: Comments must be received on
or before September 23, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0311 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information the disclosure of
which is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with a
disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105; by phone: (415) 972–3534; or by
email to yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
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Agencies
[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Proposed Rules]
[Pages 67917-67919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18133]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112, 1130, and 1240
[Docket No. CPSC-2023-0046]
Safety Standard for Infant and Infant/Toddler Rockers;
Supplemental Information; Notice of Availability and Request for
Comment
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed rule; availability of supplemental information;
request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) published a notice of proposed rulemaking (NPR) in October 2023
to address risks of death and injury associated with infant
suffocations, falls, and other hazards associated with infant and
infant/toddler rockers (rockers). CPSC announces the availability of,
and seeks comment on, details about incident data relevant to the
rulemaking and associated with infant and toddler rocker use. CPSC also
seeks comment on a standard tessellation language (STL) file (used in
computer-aided design) for a firmness test fixture proposed in the NPR,
and a updated version of the voluntary standard for rockers.
DATES: Submit comments by September 23, 2024.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2023-0046, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC does not accept comments
submitted by email, except as described below. CPSC encourages you to
submit electronic comments by using the Federal eRulemaking Portal.
Mail/Hand Delivery/Courier Written Submissions: Submit comments by
mail/hand delivery/courier to: Office of the Secretary, U.S. Consumer
Product Safety Commission 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479. If you wish to submit confidential business
information, trade secret information, or other sensitive or protected
information that you do not want to be available to the public, you may
submit such comments by mail, hand delivery, or courier, or you may
email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number for this notice. CPSC may post all comments without
change, including any personal identifiers, contact information, or
other personal information provided, to: https://www.regulations.gov.
Do not submit electronically: confidential business information, trade
secret information, or other sensitive or protected information that
you do not want to be available to the public. If you wish to submit
such information, please submit it according to the instructions for
mail/hand delivery/courier written submissions.
Docket: To read background documents or comments regarding this
proposed rulemaking, go to: https://www.regulations.gov, insert Docket
No. CPSC-2023-0046 in the ``Search'' box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT: Zachary S. Foster, Project Manager,
Division of Human Factors, Directorate for Engineering Sciences,
Consumer Product Safety Commission, 5 Research Place, Rockville, MD
20850; telephone (301) 987-2034; email: [email protected].
SUPPLEMENTARY INFORMATION: Section 104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA) requires the Commission to promulgate
consumer product safety standards for durable infant or toddler
products. Under this statutory direction, in October 2023, the
Commission published an NPR, Safety Standard for Infant and Infant/
Toddler Rockers, to reduce the risk of death and injury associated with
rockers. 88 FR 73551 (Oct. 26, 2023).
The NPR defines an ``infant rocker'' as ``a freestanding product
intended to support an occupant who has not developed the ability to
sit up unassisted, up to 20 lb. (approximately 0 through 6 months of
age), in a seated, reclined position greater than 10[deg] and to
facilitate rocking by the occupant with
[[Page 67918]]
the aid of the caregiver or by other means,'' while an ``infant/toddler
rocker'' is ``a freestanding product intended to support an occupant in
a seated, reclined position greater than 10[deg] and to facilitate
rocking by the occupant with the aid of the caregiver or by other means
until the occupant is approximately age 2.5 years, up to 40 lb.'' 89 FR
2544.
In July 2014, ASTM International's (ASTM) Committee F15 on Consumer
Products first published a voluntary standard for rockers--ASTM F3084-
14, Standard Consumer Safety Specification for Infant and Infant/
Toddler Rockers, to minimize the risk of injury or death associated
with children's use of rockers. The standard addressed hazards
associated with product disassembly and collapse, stability, and falls
from an elevated surface. Hazard mitigation provisions included
performance requirements, warnings, and instructional literature. The
ASTM standard has been revised six times since 2014: in 2016, 2018,
2020, 2022, and twice after publication of the NPR (in January 2024 and
again in July 2024).
The January 2024 revision of ASTM's voluntary standard for rockers,
ASTM F3084-23, included: (1) revisions to the definitions to include an
upper weight limit for infant rockers and infant/toddler rockers; (2)
modification to restraint storage requirements; (3) clarification of
the forward stability test and modification to the static load
application location; and (4) addition of battery compartment
performance requirements and a battery leakage test. ASTM published its
latest revision on July 31, 2024--ASTM F3084-24. This revision includes
the January 2024 additions, while also establishing new elements
intended to address the tethered strap and/or cord hazards discussed in
the NPR. In relevant part, ASTM F3084-24 adds (1) definitions for
``cord,'' ``strap,'' and ``tethered strap and/or cord'' and (2)
performance requirements and test methods to address tethered strap
and/or cord hazards, including entrapment and entanglement, as well as
adds accompanying figures of test probes. CPSC intends to refer to the
July 2024 version of ASTM F3084 should it proceed to issuing a final
rule. CPSC will evaluate whether the NPR's recommended substantive
changes are addressed in ASTM's July 2024 version of the voluntary
standard. The Commission seeks comment on the proposed incorporation by
reference of ASTM F3084-24.
The Office of the Federal Register (OFR) has regulations concerning
incorporation by reference. 1 CFR part 51. For a proposed rule,
agencies must discuss in the preamble of the NPR ways that the material
the agency proposes to incorporate by reference is reasonably available
to interested persons or how the agency worked to make the material
reasonably available. In addition, the preamble of the proposed rule
must summarize the material. 1 CFR 51.5(a). In accordance with the
OFR's requirements, this section summarizes the provisions of ASTM
F3084-24 that the Commission proposes to incorporate by reference. ASTM
F3084-24 is copyrighted. By permission of ASTM, the standard can be
viewed as a read-only document during the comment period of this
rulemaking, at: www.astm.org/cpsc.htm. To download or print the
standard, interested persons may purchase a copy from ASTM, through its
website (www.astm.org), or by mail from ASTM International, 100 Bar
Harbor Drive, P.O. Box 0700, West Conshohocken, PA 19428.
Alternatively, interested parties may inspect a copy of the standard at
CPSC's Office of the Secretary by contacting Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; phone: 301-504-7479; email: [email protected]. The Commission is now making available to the public
incident reports underlying the data discussed in the NPR, as described
below.\1\ The Commission's intent is to disclose all relied-upon
incidents, including reports submitted into SaferProducts.gov, hospital
database reports, In-Depth Investigations (IDIs), and incidents
submitted to CPSC by manufacturers and retailers under section 15 of
the Consumer Product Safety Act (CPSA), subject to the limits in
section 6 of the CPSA (section 15 reports). 15 U.S.C. 2055.
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\1\ The Commission voted unanimously (5-0) on August 6, 2024, to
publish this document.
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These reports have been redacted to protect personal information,
confidential medical information, and other information protected from
disclosure by section 6 of the CPSA. In particular, section 6(a) of the
CPSA prohibits CPSC from disclosing trade secrets and commercial or
financial information obtained from a person that is privileged or
confidential, and it requires CPSC to offer such manufacturer or
private labeler an opportunity to mark such information as
confidential. 15 U.S.C. 2055(a). If the Commission determines that a
report marked as confidential by a manufacturer or private labeler may
be disclosed because it is not confidential information as provided by
section 6(a)(2), the Commission must notify the manufacturer or private
labeler within a specified time frame before any disclosure. Section
6(b) of the CPSA also imposes limitations on CPSC's public disclosure
of information that will permit the public to ascertain readily the
identity of a manufacturer or private labeler but contains specific
exceptions for disclosure of such information in the course of or
concerning a rulemaking proceeding. 15 U.S.C. 2055(b)(4). Section
6(b)(5) of the CPSA contains limitations on public disclosure of
information if the information was submitted to CPSC pursuant to
section 15(b) of the CPSA, 15 U.S.C. 2064(b). 15 U.S.C. 2055(b).
Section 6(b)(5)(c) also prohibits disclosure of information submitted
pursuant to CPSA section 15(b) unless the firm submitting the
information ``agrees to its public disclosure.'' 15 U.S.C.
2055(b)(5)(C). Thus, prior to disclosure, CPSC offers such a
manufacturer or private labeler an opportunity to mark such information
as confidential, and it asks for the firm's agreement to release the
documents.
CPSC notified all four submitters who provided incident information
underlying the NPR to CPSC under section 15(b), and it sought consent
to release the incident information pursuant to section 6. All four
submitters consented to disclosure with redactions. Two of those firms
consented to disclosure of one section 15 report each, the third firm
consented to disclosure of six section 15 reports, and the fourth firm
consented to disclosure of 1,010 section 15 reports.
The NPR contained information about incidents from two databases:
the Consumer Product Safety Risk Management System (CPSRMS) \2\ and the
National Electronic Injury Surveillance System (NEISS).\3\ CPSC
[[Page 67919]]
staff searched these databases for fatalities, incidents, and concerns
associated with rockers and involving infants and toddlers up to five
years old, reported to have occurred between January 1, 2011, and
November 7, 2022. This search revealed data pertaining to at least 11
fatalities and 88 injuries, with 1,088 total incidents reported to
CPSC. The NPR included information about the hazard patterns associated
with these fatal and nonfatal incidents, such as the child's age,
hazard scenarios, and product-design concerns.
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\2\ CPSRMS includes data primarily from three groups of sources:
incident reports, death certificates, and in-depth follow-up
investigation reports. A large portion of CPSRMS consists of
incident reports from consumer complaints, media reports, medical
examiner or coroner reports, retailer or manufacturer reports
(incident reports received from a retailer or manufacturer involving
a product they sell or make), safety advocacy groups, law firms, and
federal, state, or local authorities, among others. It also contains
death certificates that CPSC purchases from all 50 states, based on
selected external cause of death codes (ICD-10). The third major
component of CPSRMS is the collection of in-depth follow-up
investigation reports. Based on the incident reports, death
certificates, or NEISS injury reports, CPSC Field staff conduct IDIs
(on-site, via telephone, or online) of incidents, deaths, and
injuries, which are then stored in CPSRMS.
\3\ NEISS is the source of the injury estimates; it is a
statistically valid injury surveillance system. NEISS injury data
are gathered from emergency departments of a representative sample
of U.S. hospitals, with 24-hour emergency departments and at least
six beds. The surveillance data gathered from the sample hospitals
enable CPSC staff to make timely national estimates of the number of
injuries associated with specific consumer products.
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Relevant data from CPSRMS for the 11-year period include records of
fatal and nonfatal incidents, such as incident reports from medical
examiners, consumers, death certificates, and manufacturers. Some of
the incident data relied on for the rulemaking were obtained from 47
IDIs conducted by CPSC. Among these IDIs, 11 were fatal incidents and
36 were nonfatal incidents. Incident data have been redacted for
personally identifiable information or confidential medical
information, as required by law and any applicable confidentiality
agreements.
Data available from NEISS for the 11-year period contain too few
emergency department-treated injuries associated with rockers to derive
reportable national estimates based on the NEISS-participating sample
hospitals. Although CPSC was unable to provide national injury
estimates based on NEISS data, one NEISS injury case is included in the
total count of reported incidents.
The Commission is also making available an STL file for the handle
of the firmness test fixture proposed in the NPR. Commenters on the NPR
indicated that the drawing of the fixture in the NPR was incomplete and
did not include enough detail to allow development and testing of the
proposed fixture.\4\ The STL file can be used to examine the handle
geometry, or to 3D print a handle similar to that used in the seated
product report referenced in the NPR \5\ and used by CPSC staff in
testing rockers. The Commission seeks comment on which design features
of the handle should be considered critical to the performance of the
firmness test; which features should be customizable by users based on
the test equipment that is attached to the handle; and whether any
changes should be made to the drawing of the handle based on the
assessment.
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\4\ Safety Standard for Infant and Infant/Toddler Rockers,
Notice of Proposed Rulemaking, published Oct. 26, 2023, Figure 4 to
Paragraph (b)(10)(x)--Hand-Held Firmness Test Device; 88 FR 73566.
\5\ Mannen, E.M., Siegel, D., Goldrod, S., Bossart, A., Lujan,
T.J., Wilson, C., Whitaker, B., Carrol, J. (2023). Seated Products
Characterization and Testing. Report available at https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing.
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The Commission invites comments on the incident data and analysis
of this data in the NPR, the STL file and its proposed use in the NPR,
and incorporation by reference of the updated ASTM standard, F3084-24.
Upon publication of this document in the Federal Register, CPSC will
make available for review and comment the incident reports relied upon
and discussed in the NPR, to the extent allowed by applicable law,
along with the associated IDIs. The data will be made available by
submitting a request at: https://forms.office.com/g/WwGfAvpwg0. You
will then receive a website link to access the data at the email
address you provide. If you do not receive a link within two business
days, please contact Zachary S. Foster, email: [email protected].
Information on how to submit comments and contact information for
CPSC's Office of the Secretary are in the ADDRESSES section of this
notice.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-18133 Filed 8-21-24; 8:45 am]
BILLING CODE 6355-01-P