17422 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

(iv) Task 57–29–03–270–801–A–01, Gear Rib 

Forward Lug Attachment for the Main Gear 

Before Modification 32025J2211, of Subject 

57–29–03, Inspection of the Gear Rib 

Forward and Aft Lug Attachment for the 

Main Gear, of Chapter 57, Wings, of the 

Airbus A318/A319/A320/A321 

Nondestructive Testing Manual, Revision 

89, dated August 1, 2011. 

(v) Task 57–29–04–270–801–A–01, Gear Rib 

Forward Lug Attachment for the Main Gear 

Before Modification 32025J2211, of Subject 

57–29–04, Inspection of the Gear Rib 

Forward and Aft Lug Attachment for the 

Main Gear, of Chapter 57, Wings, of the 

Airbus A318/A319/A320/A321 

Nondestructive Testing Manual, Revision 

89, dated August 1, 2011. 

(4) The following service information was 

approved for IBR on May 19, 2008 (73 FR 

19975, April 14, 2008): 

(i) Airbus Service Bulletin A320–57–1138, 

Revision 01, dated October 27, 2006. 

(ii) Reserved. 

(5) For Airbus service information 

identified in this AD, contact Airbus, 

Airworthiness Office—EIAS, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax +33 

5 61 93 44 51; email: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(6) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(7) You may view this service information 

that is incorporated by reference 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: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

December 26, 2013. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–04954 Filed 3–27–14; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112 and 1226 

[Docket No. CPSC–2013–0014] 

Safety Standard for Soft Infant and 

Toddler Carriers 

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, CPSC, or we) to 

promulgate consumer product safety 

standards for durable infant or toddler 

products. Durable infant and toddler 

standards must be ‘‘substantially the 

same as’’ applicable voluntary standards 

or more stringent than the voluntary 

standard if the Commission concludes 

that more stringent requirements would 

further reduce the risk of injury 

associated with the product. The 

Commission is issuing this final rule 

establishing a safety standard for soft 

infant and toddler carriers in response 

to the direction under section 104(b) of 

the CPSIA. 

DATES: The rule will become effective 

September 29, 2014 and apply to 

product manufactured or imported on or 

after that date. The incorporation by 

reference of the publication listed in 

this rule is approved by the Director of 

the Federal Register as of September 29, 

2014. 

FOR FURTHER INFORMATION CONTACT: Julio 

A. Alvarado, Office of Compliance and 

Field Operations, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone: 301–504–7418; email: 

jalvarado@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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. Durable infant and toddler 

standards must be ‘‘substantially the 

same as’’ applicable voluntary standards 

or more stringent than the voluntary 

standard if the Commission concludes 

that more stringent requirements would 

further reduce the risk of injury 

associated with the product. 

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.’’ 

Section 104(f)(2)(H) of the CPSIA 

specifically identifies ‘‘infant carriers’’ 

as durable infant or toddler products. 

The Commission has identified at least 

four types of products that fall within 

the product category of ‘‘infant 

carriers,’’ including: Frame backpack 

carriers, hand-held infant carriers, 

slings, and soft infant and toddler 

carriers. 

On April 5, 2013, the Commission 

issued a notice of proposed rulemaking 

(NPR) for soft infant and toddler 

carriers. 78 FR 20511. The NPR 

proposed to adopt as a mandatory 

standard the current voluntary standard 

for soft infant and toddler carriers, 

ASTM F2236–13, ‘‘Standard Consumer 

Safety Specification for Soft Infant and 

Toddler Carriers’’ (ASTM F2236–13), 

without alteration. 

The Commission is issuing a final 

mandatory safety standard for soft infant 

and toddler carriers. Pursuant to section 

104(b)(1)(A) of the CPSIA, the 

Commission consulted with 

manufacturers, retailers, trade 

organizations, laboratories, consumer 

advocacy groups, consultants, and 

members of the public to develop this 

standard, largely through the ASTM 

process. After publication of the NPR, 

ASTM approved two revised versions of 

F2236–13, F2236–13a, on November 1, 

2013, and F2236–14, on January 1, 2014. 

The revisions included in ASTM 

F2236–14 clarify several issues raised in 

the comments received on the NPR. 

Furthermore, the Commission finds that 

the revisions included in ASTM F2236– 

14 adequately address the comments 

received on the NPR. Section V of the 

preamble below discusses clarifying 

changes to the standard. The final rule 

for soft infant and toddler carriers 

incorporates ASTM F2236–14, by 

reference, without alteration. 

II. Product Description 

A. Definition of a Soft Infant and 

Toddler Carrier 

ASTM F2236–14 defines a ‘‘soft infant 

and toddler carrier’’ as ‘‘a product, 

normally of sewn fabric construction, 

which is designed to contain a full term 

infant to a toddler, generally in an 

upright position, in close proximity to 

the caregiver.’’ Additionally, soft infant 

and toddler carriers are generally 

designed to carry a child ‘‘between 7 

and 45 pounds.’’ ASTM F2236–14 

explains that soft infant and toddler 

carriers are ‘‘normally ‘worn’ by the 

caregiver with a child positioned in the 

carrier and the weight of the child and 

carrier suspended from one or both 

shoulders of the caregiver. These 

products may be worn on the front, side, 

or back of the caregiver’s body, with the 

infant either facing towards or away 

from the caregiver.’’ Typically, children 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17423 

1CPSC’s NEISS database is a national probability 

sample of hospitals in the United States and its 

territories. Patient information is collected from 

each NEISS hospital for every emergency visit 

involving an injury associated with consumer 

products. From this sample, the total number of 

product-related injuries treated in hospital 

emergency rooms nationwide can be estimated. 

2According to CPSC Human Factors staff, this 

scenario represents an unsafe sleep environment. 

The prone sleep position is a known risk factor for 

SIDS, and placing an infant to sleep face down on 

top of a bed may increase the risk of suffocation. 

Sleeping in the prone position on a bed with an 

infant still inside a carrier may further increase the 

suffocation risk. 

3All of the fall incidents were emergency 

department-treated injury (NEISS data) reports. 

4Finish-related issues concern items such as 

material smoothness and lead content. 

are carried in soft infant and toddler 

carriers on the front of a caregiver; but 

some products on the market can be 

configured to carry a child upright on a 

caregiver’s front, back, or hip. 

In the United States, soft infant and 

toddler carriers are available in two 

broad classes: Structured and 

nonstructured. Structured soft infant 

and toddler carriers contain straps and 

waist belts that connect to the seat area 

and other carrier components with 

buckles, straps, and mechanical 

fasteners. The straps, belts, and seating 

area of these products are often stiffened 

with padding and typically have a 

heavy textile covering. Nonstructured 

products consist of a flat, textile center 

with waist straps and very long upper 

straps (5 to 6 feet) that wrap around the 

caregiver and are secured by typing the 

ends of the straps, such as the mei-tai 

design. ASTM F2236–14 does not 

distinguish between products based on 

whether they are structured or 

nonstructured; therefore, requirements 

apply equally to all types of soft infant 

and toddler carriers. 

ASTM F2236–14’s definition of a 

‘‘soft infant and toddler carrier’’ 

distinguishes soft infant and toddler 

carriers from other types of infant 

carriers that are also worn by a caregiver 

but that are not covered under ASTM F– 

2236–14, specifically slings (including 

wraps), and framed backpack carriers. 

Soft infant and toddler carriers are 

designed to carry a child in an upright 

position. Slings are designed to carry a 

child in a reclined position. However, 

some slings may also be used to carry 

a child upright. Thus, the primary 

distinction between a sling and a soft 

infant and toddler carrier is that a sling 

allows for carrying a child in a reclined 

position. Different hazard patterns arise 

from carrying a child in a reclined 

position. Accordingly, slings are not 

covered by the standard for soft infant 

and toddler carriers. Like soft infant and 

toddler carriers, framed backpack 

carriers are intended to carry a child in 

an upright position. However, framed 

backpack carriers are distinguishable 

from soft infant and toddler carriers 

because typically, backpack carriers are 

constructed of sewn fabric over a rigid 

frame and are intended solely for 

carrying a child on the caregiver’s back. 

III. Incident Data 

The preamble to the NPR summarized 

incident data involving soft infant and 

toddler carriers reported to the 

Commission from January 1, 1999 to 

September 10, 2012. 78 FR 20513 (April 

5, 2013). CPSC’s Directorate for 

Epidemiology, Division of Hazard 

Analysis updated this information for 

the final rule to include soft infant and 

toddler carrier-related incident data 

reported to the Commission from 

September 11, 2012 through July 15, 

2013. During the September 11, 2012 to 

July 15, 2013 time frame, CPSC received 

31 new incident reports related to soft 

infant and toddler carriers. Two of the 

incidents were fatal, and 29 were 

nonfatal. Twenty-four of the 29 nonfatal 

incidents involved injuries. The total 

count of reported incidents includes 

emergency department-treated injuries 

(i.e., injuries reported through the 

National Electronic Injury Surveillance 

System (NEISS)).1 CPSC staff cannot 

present national emergency departmenttreated injury estimates for the final rule 

due to insufficient numbers of NEISS 

incidents reported during the time 

period. The number of incidents 

occurring in 2012 and 2013 is subject to 

change because the CPSC continues to 

collect information about such 

incidents. 

A. Fatalities 

Both reported fatalities involved 

suffocation. One suffocation fatality 

occurred in 2010. The decedent was a 

17-day-old infant who was being carried 

in a soft infant and toddler carrier— 

facing the mother—while the mother 

ran errands. The mother reportedly 

breast fed the victim while walking. The 

report is unclear about whether the 

victim was out of the carrier or in the 

carrier while being fed. The mother 

found the child nonresponsive in the 

carrier. The child was placed on life 

support, which was later removed due 

to the child’s poor prognosis. The 

second suffocation fatality occurred in 

2011. The decedent, a 4-month-old 

female, was placed prone to sleep on a 

bed while still in a soft infant carrier.2

B. Nonfatalities 

Twenty-nine soft infant and toddler 

carrier-related nonfatal incidents were 

reported to the CPSC from September 

11, 2012 to July 15, 2013. The incident 

reports demonstrate that an injury 

occurred in 24 of the 29 incidents. The 

children’s age was unreported or 

unknown in four of the 29 nonfatal 

incidents. For the remaining 25 

incidents, the ages provided in the 

reports ranged from 1 month to 18 

months, with 64 percent of the total 

reports involving children 6 months of 

age or younger. 

Among the 24 nonfatal injuries 

reported, four incidents required 

hospitalization. Two of the four injuries 

requiring hospitalization, a skull 

fracture and a leg fracture, resulted from 

infants falling out of a soft infant and 

toddler carrier. The other two injuries 

that required hospitalization were head 

injuries to the infant resulting from the 

caregiver falling. Other injuries 

included contusions, abrasions, and 

lacerations, mostly of the head and face. 

Fourteen of the injuries resulted from 

falls, either from the caregiver falling 

while wearing the carrier or from the 

infant falling out of the carrier. 

The remaining five incident reports 

stated problems with the product but 

indicated that either no injury had 

occurred or the report failed to provide 

information about any injury. 

C. Hazard Pattern Identification 

CPSC identified hazard patterns 

among the 31 new incident reports that 

were similar to the hazard patterns 

identified among the incidents 

considered for the NPR. The primary 

hazard associated with use of a soft 

infant and toddler carrier continues to 

be falling, either caregivers falling while 

wearing the carrier and injuring the 

child in the carrier, or children falling 

or facing the risk of falling from the 

carrier. Hazard patterns are grouped into 

the following categories in order of 

frequency of incident reports: 

• Caregiver falls (11) 3; 

• structure, fit, and position issues 

(7); 

• design and finish-related issues 4

(2), (which are also among the 7 in the 

previous category); 

• strap issues (2); 

• issues with stitching/seams (1); and 

• other issues (10). 

Caregiver Falls: Eleven of the 31 

incidents (35 percent) reported injuries 

to the infant in the carrier, when the 

caregiver slipped or tripped and fell. All 

of these were emergency departmenttreated injury (NEISS data) reports. 

Structure, fit, and position issues: 

Seven of the 31 incidents (23 percent) 

were related to aspects of the leg- and 

torso-opening design, how the carrier 

held the infant, and where the soft 


tkelley on DSK3SPTVN1PROD with RULES
17424 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

5According to the NEISS publication criteria, an 

estimate must be 1,200 or greater, the sample size 

must be 20 or greater, and the coefficient of 

variation must be 33 percent or smaller. 

infant and toddler carrier was 

positioned on the caregiver. Examples of 

scenarios reported include: an infant 

slipping far down into the carrier and 

suffering an injury when the caregiver 

bent over; an infant falling out of the 

carrier when the caregiver bent forward; 

and leg circulation-related injuries to 

the infant. Three injuries were reported 

in this category, including one 

hospitalization. 

Design-related issues: Two of the 

reports included in the structure, fit, 

and position category above stated 

complaints about how the carrier fit on 

the caregiver and that the infant got too 

hot when the carrier was used with the 

carrier insert. A carrier insert is 

available with some soft infant and 

toddler carriers to help support a young 

infant’s head and neck. No one reported 

injuries in this category. 

Strap issues: Two of the 31 incidents 

(six percent) reported issues with straps, 

mostly regarding the adjuster breaking 

or slipping. Both incidents resulted in 

injuries, including one hospitalization 

for a skull fracture stemming from a fall 

when the strap came undone. 

Issues with stitching/seams: One 

incident report (three percent) stated 

that stitching on a carrier component 

came undone. However, the infant 

sustained no injury. 

Other issues: Ten incident reports (32 

percent) involved non-product-related 

issues or provided insufficient 

information for CPSC staff to determine 

definitively how the product 

contributed to the incident. The two 

fatalities are included in this category— 

one case of an infant suffering 

respiratory distress while being carried 

facing inward, and the other case 

involved an infant put to sleep in a 

prone position on a bed while still in a 

soft infant and toddler carrier. In each 

case, CPSC staff concluded that 

insufficient information was reported to 

determine a predominant factor about 

the product that contributed to the 

death. Five reports were of incidental 

injuries sustained by infants while being 

carried around in a soft infant and 

toddler carrier. Examples of such 

incidents include an infant who hit a 

pole after a bus in which the child was 

riding suddenly accelerated and an 

infant who got hurt while being put into 

a carrier. The remaining three reports 

involved infants who fell out of the 

carrier, with no additional information 

specified. 

D. NEISS Data 

The soft infant and toddler carrier 

NPR presented a separate national 

injury estimate for the 13-year period 

from January 1999 through December 

2011. However, insufficient emergency 

department-treated injuries associated 

with soft infant and toddler carriers in 

2012 prevent derivation of reportable 

national estimates.5 In addition, until 

NEISS data for 2013 are finalized in 

spring 2014, partial estimates for 2013 

are not available. Hence, injury 

estimates are not presented separately in 

this final rule. However, the emergency 

department-treated injuries are included 

in the total count of reported incidents 

presented in section III.C above. 

IV. Response to Comments 

CPSC received five comments 

regarding the NPR, including comments 

from industry, consumer groups, trade 

associations, and consumers. The 

comments address eight separate issues 

related to fastener strength testing 

requirements, warning label revisions, 

and the effective date of the final rule. 

Two commenters generally supported 

the rule. Comments submitted in 

response to the NPR are available at: 

www.regulations.gov, by searching 

under the docket number of the 

rulemaking, CPSC–2013–0014. The 

Commission finds that revisions made 

to the ASTM voluntary standard, which 

are incorporated into ASTM F2236–14, 

approved on January 1, 2014, and 

published in January 2014, adequately 

address comments received on the NPR. 

Accordingly, the Commission will 

incorporate by reference the most recent 

version of the voluntary standard, 

ASTM F2236–14, as the mandatory 

standard for soft infant and toddler 

carriers. 

We summarize the comments 

received on the NPR and CPSC’s 

responses below. To make identification 

of the comments and our responses 

easier, we placed the word ‘‘Comment,’’ 

in parentheses, before the comment’s 

description, and the word ‘‘Response,’’ 

in parentheses, before our response. 

Additionally, we have numbered each 

comment to help distinguish among 

comments. The number assigned to each 

comment is for organizational purposes 

only and does not signify the comment’s 

value or importance, or the order in 

which we received the comment. 

A. Fastener Strength 

(Comment 1) Two commenters stated 

that the specified fastener strength test 

load of 80 pounds in section 7.7.2 of 

ASTM F2236–13 is too high for soft 

infant and toddler carriers whose 

manufacturer-recommended maximum 

occupant weight for the product is less 

than 45 pounds. The commenters 

suggested using a sliding scale for the 

test load that would adjust the test load 

by 1 pound for every pound the carrier 

is rated above or below 45 pounds. For 

example, for soft infant and toddler 

carriers designed for a maximum 

occupant weight of 25 pounds, 

commenters recommended a fastener 

test load of 60 pounds (80 pounds 

minus 20 pounds) instead of an 80- 

pound force. One commenter stated that 

for carriers designed for very small 

occupants, it would be difficult for 

every load-bearing fastener to be 

designed to meet the 80-pound test load 

because such fasteners tend to be large 

and difficult to handle gently when 

close to a small infant. 

(Response 1) The Commission 

disagrees with the commenters and 

declines to modify the final rule based 

on this comment. ASTM F2236–13 

added requirements for fastener strength 

testing. Each unique load-bearing 

fastener, except load-bearing fasteners 

used for a leg opening adjustment, must 

not break or disengage when subjected 

to a tensile load of 80-pound force for 

5 seconds. The force is applied to the 

straps or soft goods on either side of the 

fastener. Leg opening adjustment 

fasteners are tested to a 45-pound force. 

As noted in the NPR, CPSC staff 

tested fasteners on 14 different soft 

infant and toddler carriers, including 

recalled carriers. The manufacturer’s 

recommended maximum occupant 

weight of the carriers tested ranged from 

20 pounds to 45 pounds. CPSC staff 

found that most of the tested fasteners 

failed at loads well above the 80-pound 

force used in the test, while some of the 

fasteners on recalled products (which 

were rated at 26-pound maximum 

occupant weight) failed at 22 pounds to 

55 pounds. The Commission agrees with 

CPSC staff that lowering the test load to 

a 60-pound force on a carrier rated at 25 

pounds does not provide a sufficient 

safety factor, considering that fasteners 

from some recalled carriers failed at 55 

pounds during testing. Based on the test 

results, the Commission finds that an 

80-pound test load is appropriate, even 

for carriers with maximum occupant 

weights below 45 pounds. 

All of the buckle and strap fasteners 

on the 14 carriers that CPSC staff tested 

were made from plastic. CPSC staff 

concluded that the characteristics of the 

plastic used for the fasteners dictated 

the fastener’s ability to withstand the 

test load. The plastic material on the 

fasteners that fractured at a lower load 

was much less ductile, resulting in the 

fastener fracturing instead of deforming. 

Accordingly, CPSC staff found that 

smaller fasteners were as capable as 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17425 

larger fasteners at meeting the 80-pound 

test load. Staff concluded that fastener 

strength was not necessarily 

proportional to fastener size. 

CPSC staff states that the 80-pound 

test load for the fastener pull test is not 

directly related to the maximum carrier 

weight rating. Rather, the 80-pound test 

load was established based on testing 

the strength of fasteners on carriers 

already on the market. Fasteners that 

meet the required test load are robust 

enough for expected use during the life 

of the product. Moreover, CPSC staff 

believes that it is reasonably foreseeable 

that some caregivers may use soft infant 

and toddler carriers with infants whose 

weight exceeds the manufacturer’s 

recommended occupant weight. 

For the reasons discussed, the 

Commission declines to modify the final 

rule based on this comment. 

B. Fasteners That Support the Head 

(Comment 2) Two commenters stated 

that fasteners that support the head 

should be exempt from load testing. 

Non-load-bearing fasteners intended to 

retain items such as, but not limited to, 

hoods, bibs, and toy rings are exempt 

from load testing in ASTM F2236–13. 

One of the commenters stated: ‘‘head 

support for new born babies is critical,’’ 

but to achieve a good, adjustable head 

support requires fasteners that are slim 

and easy to use. The commenter designs 

head support fasteners to carry a certain 

load; however, the commenter stated 

that these fasteners are not load bearing 

and should be exempt from load testing 

in section 6.4 of the standard. 

(Response 2) ASTM balloted and 

approved two clarifying changes to Note 

1 in section 6.4 of the standard, which 

have been incorporated into ASTM 

F2236–14. These changes address the 

commenters’ concern. Note 1 exempts 

non-load-bearing fasteners from the 

fastener strength tests in section 6.4 and 

lists examples of non-load-bearing 

fasteners that are exempt. We note that 

the list in Note 1 is not exhaustive, but 

merely illustrative, and that other 

features attached to a soft infant and 

toddler carrier by a non-load-bearing 

fastener are also exempt from the 

fastener strength tests in section 6.4. 

ASTM F2236–13, the proposed 

standard for adoption in the NPR, stated 

that fasteners intended to retain items 

such as ‘‘hoods, bibs and toy rings’’ 

were exempt from testing. The ASTM 

subcommittee for soft infant and toddler 

carriers was aware of a feature called a 

‘‘sleeping hood’’ that is attached to a 

soft infant and toddler carrier by nonload bearing fasteners. The ‘‘sleeping 

hood’’ feature was intended to be 

captured in ASTM F2236–13 Note 1 

with the phrase ‘‘hoods.’’ To clarify that 

non-load-bearing fasteners used to 

retain ‘‘sleeping hoods’’ are exempt 

from testing, ASTM changed the word 

‘‘hoods’’ in Note 1 to ‘‘sleeping hoods.’’ 

This revision was approved and 

published in ASTM F2236–13a. 

Subsequently, based on a 

manufacturer’s concern that Note 1 was 

still unclear about whether head 

adjustment fasteners that were non-load 

bearing had to be tested, ASTM balloted 

and approved another modification to 

Note 1. The second modification was 

incorporated into ASTM F2236–14 and 

added ‘‘head adjustment fasteners’’ to 

the list of examples of fasteners exempt 

from testing in Note 1. The Commission 

agrees with the clarification and 

believes that these revisions to the 

voluntary standard address the 

commenters’ concern. 

To the extent that commenters are 

suggesting that any potential loadbearing fastener that supports the head 

should be excluded from the fastener 

strength test in section 6.4 of the 

standard, the Commission disagrees. 

CPSC found that on the 14 carriers 

tested, the uppermost fastener generally 

supports the infant’s upper torso and 

shoulders, as well as the head, and 

therefore, the fastener is critical to 

securing the infant in the carrier. Loadbearing fasteners that support the head, 

upper torso, and shoulders are not 

exempt from fastener-load testing 

requirements. The commenter 

apparently does not intend to exempt 

this type of fastener from testing. 

C. Fastener Strap Slip During Load 

Testing 

(Comment 3) One commenter stated 

that the strap slippage requirement as 

articulated in the standard (ASTM 

F2236–13, paragraphs 6.4.1 and 6.4.2) 

can result in a technical failure of an 

otherwise safe product. The commenter 

found that during product testing, 

certain straps can slip more than 1 inch 

but in a direction that makes the straps 

become tighter, not looser. The 

commenter asserted that this does not 

compromise safety. The commenter 

suggested that the language in paragraph 

6.4.1 should be changed from ‘‘. . . 

adjustable elements in straps shall not 

slip more than 1 in. (2.5 cm) when 

tested . . .’’ to ‘‘. . . adjustable 

elements in straps shall not loosen more 

than 1 in. (2.5 cm) when tested . . . .’’ 

(Response 3) The strap slippage 

requirement in section 6.4.1 of ASTM 

F2236–13, the standard referenced in 

the NPR, prevents the fastener straps 

from slipping an appreciable amount 

through the buckles during fastener 

strength testing. Significant slippage can 

result in a minimal load being held by 

the fastener/strap and could result in 

the strap pulling out of the fastener or 

loosening to the point that the infant 

could fall out of the carrier. The 

commenter seeks to clarify that straps 

that tighten during the test do not 

constitute a test failure. 

The Commission agrees that straps 

that tighten during testing should not 

fail the strap retention requirement in 

the standard. However, based on the 

CPSC staff’s assessment, the 

Commission finds that use of the word 

‘‘slip’’ in the standard is more accurate 

than ‘‘loosen.’’ The amount of strap 

‘‘slip’’ through a fastener can be 

measured; whereas, CPSC staff is 

uncertain how to measure strap 

‘‘loosening.’’ Additionally, the 

requirement for support/shoulder strap 

slippage during the dynamic and static 

load testing in paragraph 6.2 uses the 

same wording, which states: ‘‘adjustable 

sections of the support/shoulder straps 

shall not slip more than 1 in. (25 mm) 

per strap from their original adjusted 

position . . .’’ Therefore, the 

Commission will not replace the word 

‘‘slip’’ with ‘‘loosen’’ in the final rule, as 

suggested by the commenter. 

After publication of the NPR, ASTM 

balloted and approved a modification to 

the voluntary standard that addresses 

the commenter’s concern about straps 

that tighten during testing. ASTM 

F2236–14 incorporates a revision to 

sections 6.2.2, 6.4.1, and 6.4.2 of the 

voluntary standard to state: ‘‘straps shall 

not slip, in a manner that loosens the 

strap, by more than 1 inch.’’ This 

modification was included in the 

voluntary standard, beginning with 

revision ASTM F2236–13a. 

The Commission finds that the 

revisions now incorporated into 

sections 6.2.2, 6.4.1, and 6.4.2 of ASTM 

F2236–14 addresses the commenter’s 

concern and clarifies when fasteners 

pass the fastener strength test 

requirement without substantively 

altering the test method. 

D. Warning Text Format 

(Comment 4) One commenter noted 

that in ASTM F2236–13, the text height 

requirement for the warnings provided 

with product instructions specified in 

section 9.2.2 needs to be modified to 

match the text height requirement for 

warning labels in section 8.3.1. The 

commenter stated that if this 

modification is not made, section 9.2.2 

would require every letter of warning 

text to be at least 0.1′′ high, instead of 

only the upper case letters, as is the case 

in section 8.3.1. 

(Response 4) The Commission agrees 

that the text height requirement for 


tkelley on DSK3SPTVN1PROD with RULES
17426 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

warnings should be consistent 

throughout the standard. To address the 

commenter’s concern, ASTM balloted 

and approved the following modified 

text in section 9.2.2, as follows 

(additions are shown by italics): 

Section 9.2.2 of the voluntary 

standard incorporates this revision, 

beginning with ASTM F2236–13a. The 

Commission believes that the revised 

language addresses the commenter’s 

concern. 

E. Suffocation Warning 

(Comment 5) One commenter stated 

that the required warning statement 

should read: ‘‘Infants, especially those 

under four months, can suffocate in this 

product if face is pressed tight against 

your body,’’ rather than the warning 

statement in the proposed rule, as 

provided in the ASTM standard: 

‘‘Suffocation Hazard—Infants under 4 

months can suffocate in this product if 

face is pressed tight against your body.’’ 

The commenter said that this warning 

language does not adequately warn the 

user of the risk of suffocation for infants 

over four months and that the suggested 

warning statement will alert parents and 

other caregivers to a risk to older babies 

as well. 

(Response 5) The Commission 

disagrees that the proposed suffocation 

warning, as provided in the ASTM 

voluntary standard, does not adequately 

warn users of the risk of suffocation. 

The primary mechanism for suffocation 

in a soft infant and toddler carrier is the 

infant’s face being pressed tightly 

against a caretaker’s body, obstructing 

the nose and mouth and keeping the 

infant’s head from moving. Infants 

younger than 4 months old are mostly 

at risk because they do not have the 

head control or the muscle strength to 

move their head away if their airway 

becomes obstructed. By 4 months of age, 

infants have increased neck strength 

and can hold their heads up and explore 

their surroundings while the caretaker is 

walking. Infants who are 4 months old 

can be carried in the outward-facing 

position in soft infant and toddler 

carriers that allow this carry position. At 

around age 6 months, infants begin to sit 

upright unassisted. Caretakers can carry 

infants of this age in a soft infant and 

toddler carrier on the hip or on the 

caregiver’s back, depending on the 

caretaker’s level of comfort. As children 

reach toddlerhood, caregivers can carry 

children in this age group in a carrier on 

the hip or back depending on the carrier 

type. Given that infants from age 4 

months and older have developed head 

control and muscular strength and can 

be placed in outward facing, hip, and 

back carry positions, their face is less 

likely to become pressed tightly into a 

caretaker’s body. Therefore, the risk of 

suffocation for these children is low. 

The Commission has not received data 

indicating that a risk of suffocation 

exists for children 4 months and older. 

Identifying explicitly children who 

are most at risk does not suggest that 

others are not at risk. However, 

guidelines for warning labels 

recommend focusing on the most likely 

and most serious risks (Laughery and 

Hammond, 1999; Wogalter, 2006). 

Warnings about low-probability events 

(i.e., older infants suffocating in soft 

infant carriers) may reduce the 

believability or arousal strength of 

warnings that caution of more likely 

risks (i.e., infants under 4 months 

suffocating in soft infant carriers). The 

Commission finds that the current 

ASTM warning label about the 

suffocation hazard is sufficient without 

modification. 

F. Stability Warning 

(Comment 6) One commenter stated: 

‘‘we are concerned that raising the 

upper weight limits, for the purpose of 

ensuring that all soft infant and toddler 

carriers on the market are covered by 

the rule, brings in carriers that might 

have a greater risk of instability and falls 

due to the extra weight load relative to 

the weight and strength of the caregiver. 

We would urge the Commission to 

include an adequate alert to this risk in 

the required warnings and 

instructions.’’ 

(Response 6) During the rulemaking, 

CPSC staff identified soft infant and 

toddler carriers on the market that have 

a manufacturer-recommended upper 

weight limit of 45 pounds. The 

Commission believes that expanding the 

scope of the standard to increase the 

upper weight limit from 25 pounds to 

45 pounds is necessary for the standard 

to cover all products on the market. 

However, for the Commission to include 

a warning statement about the greater 

risk of instability and falls involving 

products with higher weight limits, data 

must be available to demonstrate that 

carrying heavier children in soft infant 

and toddler carriers presents a greater 

risk of instability and falls. At this time, 

the available data do not support this 

position. Furthermore, the commenter 

did not provide data demonstrating that 

products with higher weight limits 

present a greater risk of instability and 

falls than carriers with a lower weight 

limit. Therefore, at this time, the 

Commission declines to modify the 

warning label as suggested by the 

commenter. 

G. Product Marking 

(Comment 7) One commenter 

recommended that the CPSC require 

that products manufactured after the 

effective date of the final rule be marked 

as compliant, so that consumers can 

identify clearly products that meet the 

new mandatory standard for soft infant 

and toddler carriers. 

(Response 7) The Commission finds 

that sufficient incentive exists for 

compliant producers to label their 

products as compliant with the final 

standard for soft infant and toddler 

carriers. A final rule implementing 

testing, certification, and labeling of 

children’s products in section 14 of the 

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 label a 

certified compliant product as ‘‘Meets 

CPSC Safety Requirements.’’ Because 

producers are already allowed to label 

compliant products as such under the 

1107 rule, adding this option to the soft 

infant and toddler carrier standard 

would be redundant. The Commission 

declines to change to the final rule 

based on this comment. 

H. Effective Date 

(Comment 8) Two commenters 

address the 6-month effective date 

proposed in the NPR. One commenter, 


tkelley on DSK3SPTVN1PROD with RULESER28MR14.035</GPH>
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17427 

representing several advocacy groups, 

expressed support for the 6-month 

effective date. Another commenter, a 

soft infant and toddler carrier 

manufacturer, recommended a 12- 

month effective date, stating that the 

manufacturing process can take up to 6 

months, and the product may be stocked 

in a warehouse for additional months, 

depending on sales. 

(Response 8) The final standard will 

not be applied retroactively to products 

manufactured prior to the effective date 

of the final rule. Thus, any products 

warehoused before the effective date 

will not be affected by the standard. 

Manufacturers should be able to comply 

with the mandatory standard within 6 

months of the final rule’s publication. 

Manufacturers whose products do not 

comply with the standard will require 

some product modification. However, 

product modification is expected to 

involve minor changes, such as adding 

or changing straps or fasteners. 

Moreover, ASTM F2236–13 was 

adopted by ASTM in March 2013, and 

became effective in September 2013. 

Although the Commission is adopting 

ASTM F2236–14 as the mandatory 

standard, no substantive changes have 

been made to the voluntary standard 

since ASTM F2236–13. Manufacturers 

that comply with ASTM F2236–13 have 

already made, or have begun to make, 

the necessary modifications. The 

Commission declines to change the 

effective date of the final rule based on 

this comment. 

V. Summary of ASTM F2236–14 

The Commission is issuing this final 

rule for soft infant and toddler carriers 

that incorporates by reference the most 

recent voluntary standard for soft infant 

and toddler carriers, ASTM F2236–14. 

Together with the changes made in 

ASTM F2236–12, ASTM F2236–13, and 

ASTM F2236–13a, ASTM F2236–14 

reflects the most significant revisions to 

the standard to date. Revisions to the 

voluntary standard include modified 

and new requirements developed by 

CPSC staff, working with stakeholders 

on the ASTM subcommittee task group, 

to address the hazards associated with 

soft infant and toddler carriers. After the 

comment period for the NPR closed, the 

ASTM F15.21 Soft Infant and Toddler 

Carrier subcommittee held a 

teleconference on August 12, 2013, to 

discuss comments submitted on the 

NPR. The subcommittee discussed the 

basis for each comment and reached a 

consensus on revisions to be submitted 

for ballot. The subcommittee chair 

balloted the proposed revisions to 

ASTM F2236–13 for concurrent ASTM 

Main Committee F15 and Subcommittee 

F15.21 consideration on August 23, 

2013, with a 1- month comment period. 

The August 23, 2013 ballot contained 

three revisions to the voluntary soft 

infant and toddler carrier standard: 

• Revisions to sections 6.2.2, 6.4.1, 

and 6.4.2 to clarify that during the 

dynamic load, static load, and fastener 

strength tests, straps shall not slip, in a 

manner that loosens the strap, more 

than 1 inch. 

• A revision to Note 1 in section 6.4 

to clarify that ‘‘sleeping hoods’’ are an 

example of non-load-bearing fasteners 

that are exempt from fastener strength 

testing. 

• A revision to section 9.2.2 to clarify 

that the text height requirements for the 

warnings included with instructions in 

section 9.2.2 are the same as the text 

height requirements for warnings 

required in section 8.3.1 of the 

voluntary standard. 

ASTM did not receive any negative 

votes on the balloted revisions to ASTM 

F2236–13. ASTM approved the balloted 

revisions on November 1, 2013, and 

subsequently published ASTM F2236– 

13a in November 2013. 

On September 26, 2013, the ASTM 

F15.21 Soft Infant and Toddler Carrier 

subcommittee met to discuss results of 

the items balloted on August 23, 2013. 

One manufacturer wanted the voluntary 

standard to further clarify that fasteners 

used for adjusting the head portion of 

the carrier were exempt from fastener 

strength testing because such fasteners 

are not load bearing. As a result, the 

subcommittee chair developed a draft 

ballot item that proposed to add ‘‘head 

adjustment fasteners’’ to the list of 

examples of fasteners that are exempt 

from load testing listed in Note 1 of 

section 6.4. The subcommittee chair 

balloted the proposed revision to ASTM 

F2236–13a for concurrent ASTM Main 

Committee F15 and Subcommittee 

F15.21 consideration on November 6, 

2013, with a 1-month comment period. 

ASTM did not receive any negative 

votes on the balloted revision, and 

approved the revised standard, ASTM 

F2236–14, on January 1, 2014. ASTM 

published ASTM F2236–14 in January 

2014. 

We summarize the provisions of 

ASTM F2236–14 below. Each revision 

to ASTM F2236–13 discussed above is 

described below in more detail in the 

relevant section of the standard where 

the change appears. ASTM F2236–14 

includes the following key provisions: 

scope, terminology, general 

requirements, performance 

requirements, test methods, marking 

and labeling, and instructional 

literature. 

Scope. The scope of the voluntary 

standard was broadened in December 

2012 to include soft infant and toddler 

carriers with an upper weight limit of 

up to 45 pounds. Previously, it was 

unclear whether carriers with upper 

weight limits over 25 pounds fell within 

the standard. Expanding the scope of 

the standard clarifies that all soft infant 

and toddler carrier products currently 

on the market fall within the standard. 

The name of the standard was changed 

in 2012 to include the word ‘‘toddler,’’ 

to clarify that toddlers can also be 

carried in these products. The scope of 

the standard also distinguishes soft 

infant and toddler carriers from other 

wearable infant carrier products. The 

scope provides that soft infant and 

toddler carriers are ‘‘normally of sewn 

fabric construction,’’ hold the child 

‘‘generally in an upright position,’’ and 

‘‘may be worn on the front, side, or back 

of the caregiver’s body.’’ Finally, the 

scope of the standard states that the 

standard does not apply to infant slings. 

Terminology. Section 3.1 of the 

standard includes 14 definitions to help 

explain general requirements and 

performance requirements. Section 3.1.7 

of the standard explains that a ‘‘leg 

opening’’ is the ‘‘opening in the soft 

carrier through which the occupant’s 

legs extend when the product is used in 

the manufacturer’s recommended use 

position.’’ Sections 3.1.4 and 3.1.13 of 

ASTM F2236–14, respectively, explain 

that a ‘‘dynamic load’’ is the 

‘‘application of impulsive force through 

free fall of a weight,’’ and that a ‘‘static 

load’’ is a ‘‘vertically downward force 

applied by a calibrated force gage or by 

dead weights.’’ Beginning in 2012, the 

standard included a new definition for 

‘‘carrying position’’ to clarify methods 

for dynamic and static load testing in 

section 7 of the standard. Finally, in 

2013, the standard was updated to 

include a new definition for ‘‘fastener’’ 

to aid in a new test for fastener strength 

and strap retention. 

General Requirements. ASTM F2236– 

14 includes general requirements that 

the products must meet, as well as 

specified test methods to ensure 

compliance with the general 

requirements, which include: 

• Restrictions on sharp points or 

edges, as defined by 16 CFR §§ 1500.48 

and .49; 

• restrictions on small parts, as 

defined by 16 CFR part 1501; 

• restrictions on lead in paint, as set 

forth in 16 CFR part 1303; 

• requirements for locking and 

latching devices; 

• requirements for permanent 

warning labels; 


tkelley on DSK3SPTVN1PROD with RULES
17428 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

• restrictions on flammability, as set 

forth in 16 CFR part 1610; 

• requirements for toy accessories, as 

set forth in ASTM F 963. 

The flammability requirement in 

section 5.7 of the standard was changed, 

beginning with ASTM F2236–13, from a 

flammable solids requirement (16 CFR 

1500.3(c)(6)(vi)), to meet the more 

stringent flammability requirement for 

wearing apparel (16 CFR part 1610). 

Adopting the wearing apparel 

flammability requirement in the soft 

infant and toddler standard makes it 

consistent with other wearable infant 

carriers made of sewn fabric, such as 

slings, to prevent a foreseeable fire 

hazard in all wearable infant carriers. 

Performance Requirements and Test 

Methods. ASTM F2236–14 provides 

performance requirements and test 

methods that are designed to protect 

against falls from the carrier due to large 

leg openings, breaking fasteners or 

seams, and straps that slip, including: 

Leg Openings—Tested leg openings 

must not permit passage of a test sphere 

weighing 5 pounds that is 14.75 inches 

in circumference. 

Dynamic and Static Load—Beginning 

with the 2012 version of ASTM F2236, 

the dynamic load test was strengthened 

from requiring a 25-pound shot bag to 

be dropped, free fall, from 1 inch above 

the seat area onto the carrier seat 1,000 

times, to requiring testing with a 25- 

pound shot bag, or a shot bag equal to 

the manufacturer’s maximum occupant 

weight limit, whichever is heavier. 

Additionally, the static load test was 

revised—from requiring a 75-pound 

weight for testing—to requiring a 75- 

pound weight, or a weight equal to three 

times the manufacturer’s recommended 

maximum occupant weight, whichever 

is greater, to be placed in the seat area 

of the carrier for 1 minute. Such 

revisions to the dynamic and static load 

tests strengthen the test requirements, 

by requiring that products with a 

maximum recommended weight of 45 

pounds be tested to a 135-pound weight 

instead of 75 pounds, which represents 

an 80 percent increase in the severity of 

the requirement. 

ASTM F2236–14 requires that testing 

conducted with the new required loads 

must not result in a ‘‘hazardous 

condition,’’ as defined in the general 

requirements, or result in a structural 

failure, such as fasteners breaking or 

disengaging, or seams separating when 

tested in accordance with the dynamic 

and static load testing methods. 

Additionally, the standard provides that 

dynamic and static load testing must not 

result in adjustable sections of support/ 

shoulder straps slipping more than 1 

inch per strap from their original 

adjusted position after testing. 

Section 6.2.2 of the standard on 

Support/Shoulder Strap Slippage was 

modified beginning with ASTM F2236– 

13a. The modification clarifies what 

constitutes passing or failing the strap 

slippage test. Section 6.2.2 was 

amended to state: ‘‘Adjustable sections 

of support/shoulder straps shall not 

slip, in a manner that loosens the strap, 

more than 1 in. (25 mm) per strap from 

their original adjusted position after 

dynamic and static load testing is 

performed in accordance with 7.2.1 and 

7.2.2, respectively.’’ The amendment 

allows straps to tighten during testing 

but not loosen more than 1 inch, which 

is the intent of the testing. 

Fastener Strength and Strap 

Retention—ASTM F2236–14 includes a 

new component-level performance 

requirement that was added to the 

standard in 2013 to evaluate the 

strength of fasteners and strap retention 

to help prevent falls from a carrier. 

Previously, soft infant and toddler 

carriers were recalled due to an 

occupant fall hazard caused by broken 

fasteners that passed the static and 

dynamic performance requirements in 

the then existing standard, ASTM 

F2236–10. Accordingly, the 

performance requirement in section 6.4 

of ASTM F2236–14 states that loadbearing fasteners at the shoulder and 

waist of soft infant and toddler carriers, 

such as buckles, loops, and snaps, may 

not break or disengage; nor may their 

straps slip more than 1 inch when 

subjected to an 80-pound pull force. 

Adjustable leg opening fasteners must 

also be tested but are subjected to lower 

loads, a 45-pound pull force, because 

these fasteners do not carry the same 

load as fasteners at the shoulders and 

waist. ASTM F2236–14 requires that 

when tested, fasteners must not break or 

disengage, and adjustable elements must 

not slip more than 1 inch. 

Similar to the strap slip requirement 

in the static and dynamic load testing 

section of the standard, ASTM also 

clarified the strap slip section of the 

fastener strength test section in ASTM 

F2236–13a. Sections 6.4.1 and 6.4.2 

were amended to state: ‘‘Each unique 

fastener, except for leg opening 

adjustment fasteners as tested per 6.4.2, 

shall not break or disengage, and 

adjustable elements in straps shall not 

slip, in a manner that loosens the strap, 

more than 1 in. (2.5 cm) . . . .’’ This 

amendment allows straps to tighten 

during testing but not to loosen more 

than 1 inch, which is the intent of the 

testing. 

Additionally, Note 1 to section 6.4 of 

the standard provides that the fastener 

strength and strap retention testing 

apply only to load-bearing fasteners. 

ASTM F2236–13 stated: ‘‘Fasteners 

intended to retain items such as, but not 

limited to, hoods, bibs and toy rings, are 

exempt from these requirements.’’ 

ASTM approved two changes to the 

language in Note 1 to clarify that several 

non-load-bearing features, ‘‘sleeping 

hoods’’ and ‘‘head adjustment 

fasteners,’’ are included in the list of 

examples exempted from fastener 

strength testing when such features are 

non-load-bearing. Note 1 in section 6.4 

of ASTM F2236–14 now provides that: 

‘‘Fasteners intended to retain items such 

as, but not limited to, sleeping hoods, 

head adjustment fasteners, bibs and toy 

rings, are exempt from these 

requirements.’’ 

Unbounded Leg Opening—The 

voluntary standard was updated in 2013 

to clarify the unbounded leg opening 

test procedure to improve test 

repeatability. ASTM F2236–14 requires 

that an unbounded leg opening must not 

allow complete passage of a truncated 

test cone that is 4.7 inches long, with a 

major diameter of 4.7 inches and a 

minor diameter of 3 inches. The 

standard requires a test cone to be 

pulled through the leg opening with a 

5-pound force for 1 minute. 

Marking, Labeling, and Instructional 

Literature. ASTM F2236–14 requires 

that each product and its retail package 

be marked or labeled with certain 

information and warnings. The warning 

label requirement was updated in 2013 

to address fall and suffocation hazards. 

ASTM F2236–14 requires that the 

warning label provide a fall hazard 

statement addressing that infants can 

fall through wide leg openings or out of 

the carrier. The standard requires the 

following fall-related precautionary 

statements be addressed on the warning 

label: Adjust leg openings to fit baby’s 

legs snugly; before each use, make sure 

all [fasteners/knots] are secure; take 

special care when leaning or walking; 

never bend at waist, bend at knees; only 

use this carrier for children between _ 

lbs. and _ lbs. Additionally, ASTM 

F2236–14 requires that a suffocation 

hazard statement must address the fact 

that infants under 4 months old can 

suffocate in the carrier if the child’s face 

is pressed tightly against the caregiver’s 

body. The standard requires that the 

warning label must also address the 

following suffocation-related 

precautionary statements: Do not strap 

infant too tightly against your body; 

allow room for head movement; keep 

infant’s face free from obstructions at all 

times. Products must also contain an 

informational statement that a child 

must face toward the caregiver until he 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17429 

or she can hold his or her head upright. 

All products are required to come with 

instructional literature on assembly, 

use, maintenance, cleaning, and 

required warnings. 

ASTM F2236–14 includes an example 

warning label that identifies more 

clearly the hazards, the consequences of 

ignoring the warning, and how to avoid 

the hazards. The label format was 

designed to communicate more 

effectively these warnings to the 

caregiver (Fig. 1). Manufacturers may 

alter the rectangular shape of the label 

to fit on shoulder straps, if the 

manufacturer chooses not to place label 

in the occupant space. However, the 

standard requires that the label be 

placed in a prominent and conspicuous 

location, where the caregiver will see 

the label when placing the soft infant 

and toddler carrier on their body. 

VI. 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 NPR proposed that 

the final rule would become effective 6 

months after publication of a final rule 

in the Federal Register. Although we 

received one comment requesting a 12- 

month effective date (comment 8 in 

section IV.H), the Commission finds that 

a 6-month effective date is sufficient 

time to allow manufacturers to come 

into compliance. Manufacturers whose 

products are not compliant with the 

standard will require some product 

modification; however, any necessary 

product modification is expected to 

involve minor changes, such as adding 

or changing straps or fasteners. 

Moreover, ASTM F2236–13 was 

adopted by ASTM in March 2013, and 

became effective in September 2013. 


tkelley on DSK3SPTVN1PROD with RULESER28MR14.033</GPH> ER28MR14.034</GPH>

Ii WARNING 

FALL AND SUFFOCATION HAZARD 

FALL HAZARD - Infants can fall through a wide leg opening 

or out of carrier. 

• Adjust leg openings to fit baby's legs snugly. 

• Before each use, make sure all ____ are secure. 

• Take special care when leaning or walking. 

• Never bend at waist; bend at knees. 

• Only use this carrier for children between ___ lb. and ___ lb. 

SUFFOCATION HAZARD - Infants under 4 months can suffocate in this 

product if face is pressed tight against your body. 

• Do not strap infant too tight against your body. 

• Allow room for head movement. 

• Keep infant's face free from obstructions at all times. 

Figure 1. ASTM F2236-14 Example Warning Label. 

ASTM F2236-14 includes a 2013 revision to section 9.2.2 of the standard on 

Instructional Literature. Section 9.2.2 of the standard describes how the warning label is to be 

conveyed in the instructional literature. The text height requirements in this section should 

match the text height requirements for the on-product warning label in section 8.3.1, which was 

overlooked when publishing ASTM F2236-13. To correct this issue, ASTM F2236-14 includes 

the following revision to section 9.2.2, so that it is the same as 8.3.1: "In warning statements, the 

symbol"&''' and the word WARNING shall be at least 0.2 in. (5 mm) high. The remainder of 

the text shall be in characters whose upper case is at least 0.1 in. (2.5 mm) high." 
17430 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

6Staff conducted research to identify 

manufacturers and importers of soft carriers. From 

the time of the NPR to the final rule, several firms 

entered the market, raising the number of suppliers 

from 39 in the NPR to 54 presently. 7CPSC staff made these determinations using 

information from Dun & Bradstreet and 

ReferenceUSAGov, as well as the firms’ Web sites. 8The data collected for the Baby Products 

Tracking Study does not represent an unbiased 

statistical sample. The sample of 3,600 new and 

expectant mothers is drawn from American Baby 

magazine’s mailing lists. Also, because the most 

recent survey information is from 2005, the 

information may not reflect the current market. 

9The data on secondhand products for new 

mothers was not available. Instead, data for new 

mothers and experienced mothers were combined 

and broken down into first-time mothers and 

experienced mothers. Data for first-time mothers 

and experienced mothers have been averaged to 

calculate the approximate percentage of soft infant 

and toddler carriers that were handed down or 

purchased secondhand. 

10U.S. Department of Health and Human 

Services, Centers for Disease Control and 

Prevention (CDC), National Center for Health 

Statistics, National Vital Statistics System, ‘‘Births: 

Final Data for 2009,’’ National Vital Statistics 

Reports Volume 60, Number 1 (November 2011): 

Table I. The number of live births in 2009 is 

rounded from 4,130,665. 

11Memorandum from Risana Chowdhury, 

Directorate for Epidemiology, dated March 11, 

2013, Subject: Soft Infant and Toddler CarrierRelated Deaths, Injuries, and Potential Injuries, and 

NEISS Injury Estimates; 1999–September 10, 2012. 

CPSC staff cannot present national emergency 

department-treated injury estimates for 2012 due to 

insufficient numbers of NEISS incidents reported 

during the time period, and 2013 data is not yet 

available. Memorandum from Risana Chowdhury, 

Directorate for Epidemiology, dated September 23, 

2013, Subject: Soft Infant and Toddler CarrierRelated Deaths, Injuries, and Potential Injuries 

between September 11, 2012 and July 15, 2013. 

Although the Commission is adopting 

ASTM F2236–14, this version of the 

voluntary standard is substantially the 

same as ASTM F2236–13. 

Manufacturers that are compliant with 

ASTM F2236–13 have already made or 

have begun to make the necessary 

modifications. 

VII. Regulatory Flexibility Act 

A. Introduction 

The Regulatory Flexibility Act (RFA) 

requires that final rules be reviewed for 

their potential economic impact on 

small entities, including small 

businesses. Section 604 of the RFA 

requires that CPSC prepare a final 

regulatory flexibility analysis (FRFA) 

when the Commission promulgates a 

final rule. The FRFA must describe the 

impact of the rule on small entities and 

identify any alternatives that may 

reduce the impact. Specifically, the 

FRFA 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. 

B. Market for Soft Infant and Toddler 

Carriers 

Soft infant and toddler carriers are 

generally produced and/or marketed by 

juvenile product manufacturers and 

distributors. Several of these firms 

primarily produce soft infant and 

toddler carriers, as well as substitute 

products, such as slings. CPSC 

Economic Analysis (EC) staff believes 

that there are at least 54 suppliers of soft 

infant and toddler carriers to the U.S. 

market.6 Thirty-nine domestic firms 

supply soft infant and toddler carriers to 

the U.S. market: 23 are domestic 

manufacturers; eight are domestic 

importers; and eight firms have 

unknown supply sources. In addition, 

12 foreign firms supply soft infant and 

toddler carriers to the U.S. market. 

CPSC has insufficient information 

available to categorize the remaining 

three firms.7

According to a 2005 survey conducted 

by the American Baby Group (2006 

Baby Products Tracking Study), 51 

percent of new mothers own soft infant 

and toddler carriers.8 Approximately 30 

percent of soft infant and toddler 

carriers are handed down or purchased 

secondhand.9 Thus, about 70 percent of 

soft infant and toddler carriers are 

acquired new. This estimate suggests 

that approximately 1.5 million soft 

infant and toddler carriers are sold to 

households annually (0.51 x 0.70 x 4.1 

million births per year).10

Many soft infant and toddler carriers 

have expanded their maximum weight 

limits in recent years to accommodate 

older children. However, from the lack 

of incident data involving children 

older than 2 years, CPSC staff believes 

that most caregivers would not be 

comfortable carrying older, heavier 

children in soft infant and toddler 

carriers. Based on the incident data, it 

appears that soft infant and toddler 

carriers are used during a child’s first 

year, with some caregivers continuing to 

use these products into the second year. 

While we do not know the proportion 

of caregivers who continue to use these 

products into the second year, we 

estimated the numbers of soft infant and 

toddler carriers in use by assuming that 

a portion of caregivers, e.g., 25–50 

percent, will continue to use carriers in 

the child’s second year. Based on data 

from the 2006 Baby Products Tracking 

Study, approximately 2.1 million soft 

infant and toddler carriers are owned by 

new mothers. Assuming that 25–50 

percent of caregivers continue to use 

soft infant and toddler carriers in the 

second year, approximately 2.6 million 

(2.1 million × 0.25 × 2.1 million) to 3.2 

million (2.1 million × 0.50 × 2.1 million) 

households have soft infant and toddler 

carriers available for use annually. 

Based on Directorate for Epidemiology 

staff’s estimate of 1,400 injuries treated 

nationally in emergency departments 

from 1999 to 2011, an average of about 

108 emergency department-treated 

injuries involve soft infant and toddler 

carriers annually.11 Therefore, about 

0.34¥0.40 emergency departmenttreated injuries may occur annually for 

every 10,000 soft infant and toddler 

carriers available for use. 

C. Reason for Agency Action and Legal 

Basis for the Final Rule 

The Danny Keysar Child Product 

Safety Notification Act, section 104 of 

the CPSIA, requires the CPSC to 

promulgate mandatory standards for 

nursery products that are substantially 

the same as, or more stringent than, the 

voluntary standard. Staff recommends 

adopting the voluntary standard (ASTM 

F2236–14), without modification. 

D. Requirements of the Final Rule 

The requirements of the final rule are 

set forth above in section V of this 

preamble, which describes ASTM 

F2236–14. 

E. Issues Raised by Public Comments 

Section IV of this preamble contains 

a summary of the five comments 

received and the issues raised by the 

comments. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17431 

12U.S. Small Business Administration, Office of 

Advocacy. A Guide for Government Agencies: How 

to Comply with the Regulatory Flexibility Act and 

Implementing the President’s Small Business 

Agenda and Executive Order 13272. May 2012, pgs. 

18–20. http://www.sba.gov/sites/default/files/

rfaguide_0512_0.pdf. 

F. Other Federal Rules 

Two federal rules interact with the 

soft infant and toddler carrier 

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 regulation at 16 CFR 

part 1107 requires every manufacturer 

of a children’s product that is subject to 

a children’s product safety rule to 

certify, based on third party testing, that 

the product complies with all applicable 

safety rules. Because soft infant and 

toddler carriers will be subject to a 

mandatory children’s product safety 

rule, they will also be subject to the 

third party testing requirements of 16 

CFR part 1107 when the soft infant and 

toddler carrier mandatory standard 

becomes effective. 

In addition, 16 CFR part 1107 requires 

the third party testing of children’s 

products to be conducted by CPSCaccredited laboratories. Section 14(a)(3) 

of the CPSA required the Commission to 

publish a 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. The NORs for 

existing rules are set forth in 16 CFR 

part 1112. The Commission is finalizing 

an amendment to 16 CFR part 1112 that 

establishes the requirements for the 

accreditation of testing laboratories to 

test for compliance with the soft infant 

and toddler carrier final rule. 

G. Impact on Small Businesses 

The FRFA is limited to the 39 

domestic firms known to be marketing 

soft infant and toddler carriers in the 

United States because U.S. Small 

Business Administration (SBA) 

guidelines and definitions pertain to 

U.S.-based entities. Under SBA 

guidelines, a manufacturer of soft infant 

and toddler carriers is small if it has 500 

or fewer employees, and importers and 

wholesalers are considered small if they 

have 100 or fewer employees. Based on 

these guidelines, 32 of the 39 domestic 

firms supplying soft infant and toddler 

carriers to the U.S. market are small 

firms—18 manufacturers, six importers, 

and eight firms—whose supply source is 

unknown. Additional unknown small 

soft infant and toddler carrier suppliers 

may also operate in the U.S. market. 

One purpose of the regulatory 

flexibility analysis is to evaluate the 

impact of a regulatory action and 

determine whether the impact is 

economically significant. While the SBA 

gives considerable flexibility in defining 

‘‘economically significant,’’ CPSC staff 

typically uses one percent of gross 

revenue as the threshold for 

determining ‘‘economic significance.’’ 

CPSC staff considers any impact that is 

one percent or more of gross revenue is 

considered economically significant. 

SBA has accepted the one percent of 

gross revenue threshold and this 

threshold is also commonly used by 

agencies in determining economic 

significance.12

Small Manufacturers: The expected 

impact of the final rule on small 

manufacturers will differ, based on 

whether manufacturers’ soft infant and 

toddler carriers are already compliant 

with F2236–13. Although F2236–14 was 

published in January 2014, firms are 

still likely to be testing to F2236–13. 

However, because ASTM F2236–13, 

ASTM F2236–13a, and ASTM F2236–14 

do not contain material differences, 

manufacturers in compliance with 

ASTM F2236–13 are likely to continue 

to comply with the voluntary standard. 

The Juvenile Products Manufacturers 

Association (JPMA), the major U.S. 

trade association that represents 

juvenile product manufacturers and 

importers, has certified several soft 

infant and toddler carriers as compliant 

with the voluntary standard, and other 

manufacturers have claimed compliance 

with the voluntary standard. Based on 

this information, 11 of 18 domestic 

manufacturers comply with ASTM 

F2236–13. These 11 firms should not 

require any modifications to their 

products and, as such, the firms should 

not be impacted by incorporation of 

ASTM F2236–14 as the final rule. 

Meeting ASTM F2236–14’s 

requirements could require some 

modifications for seven of the 18 

domestic manufacturers who are 

believed not to be currently compliant 

with ASTM F2236–13. Based upon past 

discussions with firms and Engineering 

Sciences staff, necessary modifications 

would likely involve adding or changing 

straps, fasteners, or fabrics and generally 

would be less expensive to accomplish 

than a complete product redesign. 

Therefore, in most cases, the impact of 

the final rule is not expected to have a 

significant effect on products that do not 

comply with ASTM F2236–13. 

Under section 14 of the CPSA, soft 

infant and toddler carriers are also 

subject to third party testing and 

certification requirements. Once the 

new soft infant and toddler 

requirements become effective, all 

manufacturers will be subject to the 

additional costs associated with the 

third party testing and certification 

requirements under the testing rule, 

Testing and Labeling Pertaining to 

Product Certification (16 CFR part 

1107). Third party testing will pertain to 

any physical and mechanical test 

requirements specified in the soft infant 

and toddler carrier final rule; lead and 

phthalates testing is already required. 

Third party testing costs are in addition 

to the direct costs of meeting the soft 

infant and toddler standard. 

Based on information from the 

durable nursery product industry and 

confidential business information 

supplied for the development of the 

third party testing rule, CPSC staff 

estimates that testing to a single ASTM 

voluntary standard could cost around 

$500–$600 per model sample. On 

average, each small domestic 

manufacturer supplies two different 

models of soft infant and toddler 

carriers to the U.S. market annually. 

Therefore, if third party testing to the 

requirements in the soft infant and 

toddler standard is conducted every 

year on a single sample for each model, 

third party testing costs associated for 

each manufacturer would be about 

$1,000–$1,200 annually. Based on an 

examination of estimates of firms’ 

revenues from recent Dun & Bradstreet 

reports, the impact of third party testing 

is not likely to be economically 

significant if only one sample per model 

is required. However, if more than one 

sample is needed to meet the testing 

requirements, third party testing costs 

could have an economically significant 

impact on some small manufacturers 

(i.e., testing costs could be one percent 

or more of gross revenue). CPSC staff 

does not know exactly how many 

samples each manufacturer will need to 

test to meet the ‘‘high degree of 

assurance’’ criterion required by 16 CFR 

part 1107. 

Small Importers: Most importers will 

not experience significant impacts as a 

result of the final rule. CPSC staff 

believes that four of the six small 

importers are compliant with the 

voluntary standard. The remaining 

importers may need to find an alternate 

source of soft infant and toddler carriers 

if their existing suppliers do not come 

into compliance with the requirements 

of the final rule. Alternatively, the firms 

may discontinue importing soft infant 

and toddler carriers altogether and 

perhaps substitute another juvenile 

product. 

As is the case with manufacturers, all 

importers will be subject to third party 


tkelley on DSK3SPTVN1PROD with RULES
17432 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

testing and certification requirements, 

and consequently, they will experience 

the associated costs, if their supplying 

foreign firm(s) does not perform third 

party testing. The resulting costs could 

potentially have a significant impact on 

a few small importers that must perform 

the testing themselves, particularly if 

more than one sample per model is 

required. 

Eight small firms have unknown 

supply sources, three of which appear to 

be compliant with ASTM F2236–13 and 

should not be impacted by the 

incorporation of ASTM F2236–14 as the 

mandatory final rule. The remaining 

five firms may need to make small 

changes to their products to be 

compliant with ASTM F2236–14. Due to 

the nature of the product, the 

modifications should be limited to 

changes in straps or fasteners and 

should not have a significant impact. 

H. Alternatives 

One alternative would be to set an 

effective date for the final rule later than 

the staff-recommended 6 months, which 

is generally considered sufficient time 

for suppliers to come into compliance 

with a durable infant and toddler 

product rule. Setting a later effective 

date would allow suppliers additional 

time to modify and/or develop 

compliant soft infant and toddler 

carriers and spread the associated costs 

over a longer period of time. However, 

given that the changes to meet the 

standard are not substantial, CPSC staff 

believes that 6 months is sufficient. 

VIII. Environmental Considerations 

The Commission’s regulations address 

whether we are required to prepare an 

environmental assessment or an 

environmental impact statement. If our 

rule has ‘‘little or no potential for 

affecting the human environment,’’ the 

rule will be categorically exempted from 

this requirement. 16 CFR 1021.5(c)(1). 

The final rule for soft infant and toddler 

carriers falls within the categorical 

exemption. 

IX. 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. 3501–3520). The 

preamble to the proposed rule (78 FR at 

20520 through 20521) discussed the 

information collection burden of the 

proposed rule and specifically requested 

comments on the accuracy of our 

estimates. OMB has assigned control 

number 3041–0162 to this information 

collection. We did not receive any 

comment regarding the information 

collection burden of the 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 54 manufacturers 

rather than the 39 manufacturers 

initially estimated in the proposed rule. 

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 

1226 ..................................................................................... 54 2 108 1 108 

Our estimate is based on the 

following: 

Section 8.1 of ASTM F2236–14 

requires that all soft infant and toddler 

carrier products and their retail 

packaging be marked or labeled as 

follows: the manufacturer, distributor, 

or seller name, and either the place of 

business (city, state, mailing address, 

including zip code), or telephone 

number, or both; and a code mark or 

other means that identifies the date 

(month and year as a minimum) of 

manufacture. 

CPSC is aware of 54 firms that supply 

soft infant and toddler carriers in the 

U.S. market. For PRA purposes, we 

assume that all 54 firms use labels on 

their products and on their packaging 

already. However, firms might need to 

make some modifications to their 

existing labels. We estimate that the 

time required to make these 

modifications is about 1 hour per 

model. Each of the 54 firms supplies an 

average of two different models of soft 

infant and toddler carriers. Therefore, 

we estimate the burden hours associated 

with labels to be 108 hours annually (1 

hour × 54 firms × 2 models per firm = 

108 hours annually). 

We estimate the hourly compensation 

for the time required to create and 

update labels is $27.71 (U.S. Bureau of 

Labor Statistics, ‘‘Employer Costs for 

Employee Compensation,’’ September 

2013, Table 9, total compensation for all 

sales and office workers in goodsproducing private industries: http://

www.bls.gov/ncs/). Therefore, we 

estimate the annual cost to industry 

associated with the labeling 

requirements in the final rule to be 

$2,992.68 ($27.71 per hour × 108 hours 

= $2,992.68). This collection of 

information does not require operating, 

maintenance, or capital costs. 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have submitted the 

information collection requirements of 

this final rule to the OMB. 

X. 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 applies to final 

durable infant and toddler product final 

rules. Therefore, the final rule issued 

under section 104 of the CPSIA will 

invoke the preemptive effect of section 

26(a) of the CPSA when the final rule 

becomes effective. 

XI. Certification and Notice of 

Requirements 

Section 14(a) of the CPSA requires 

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 CPSCenforced 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17433 

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 final 

rule for 16 CFR part 1226, ‘‘Safety 

Standard for Soft Infant and Toddler 

Carriers,’’ is a children’s product safety 

rule that requires the issuance of a NOR. 

Effective June 10, 2013, the 

Commission published a final rule, 

Requirements Pertaining to Third Party 

Conformity Assessment Bodies, 78 FR 

15836 (March 12, 2013), which codifies 

16 CFR part 1112. 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 Section14(a)(2) of the 

CPSA. The final rule also codifies all of 

the NORs that the CPSC has published, 

to date. All new NORs, such as the soft 

infant and toddler carrier standard, 

require an amendment to part 1112. 

Accordingly, the final rule amends part 

1112 to include the soft infant and 

toddler standard, along with the other 

children’s product safety rules for 

which the CPSC has issued NORs. The 

final NOR is based on the CPSC’s 

laboratory accreditation requirements 

on the performance standard set forth in 

the final rule for the safety standard for 

soft infant and toddler carriers and the 

test methods incorporated within this 

standard. 

Laboratories applying for acceptance 

as a CPSC-accepted third party 

conformity assessment body to test to 

the new standard for soft infant and 

toddler carriers are required to meet the 

third party conformity assessment body 

accreditation requirements in part 1112. 

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 1226, Safety Standard 

for Soft Infant and Toddler Carriers, 

included in the laboratory’s scope of 

accreditation of CPSC safety rules listed 

for the laboratory on the CPSC Web site 

at: www.cpsc.gov/labsearch. 

A FRFA was conducted as part of the 

promulgation of the original 16 CFR part 

1112 (78 FR 15836, 15855–15858), as 

required by the Regulatory Flexibility 

Act. Briefly, the FRFA concluded that 

the accreditation requirements would 

not have a significant adverse impact on 

a substantial number of small 

laboratories because no requirements 

were imposed on laboratories that did 

not intend to provide third party testing 

services. The only laboratories expected 

to provide such services are those that 

anticipate receiving sufficient revenue 

from the mandated testing to justify 

accepting the requirements as a business 

decision. 

Based on similar reasoning, amending 

the rule to include the NOR for the soft 

infant and toddler carrier standard will 

not have a significant adverse impact on 

small laboratories. Moreover, 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 soft infant and 

toddler carrier standard. Most of these 

laboratories have already been 

accredited to test for conformance to 

other juvenile product standards, and 

the only cost to them would be the cost 

of adding the soft infant and toddler 

standard to their scope of accreditation. 

As a consequence, the Commission 

certifies that the NOR for the soft infant 

and toddler carrier standard 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 1226 

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 by 

amending part 1112 and adding a new 

part 1226, 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. No. 

110–314, section 3, 122 Stat. 3016, 3017 

(2008) 

■ 2. In § 1112.15 add paragraph (b)(37) 

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) * * * 

(37) 16 CFR part 1226, Safety 

Standard for Soft Infant and Toddler 

Carriers. 

* * * * * 

■ 3. Add Part 1226 to read as follows: 

PART 1226—SAFETY STANDARD FOR 

SOFT INFANT AND TODDLER 

CARRIERS 

Sec. 

1226.1 Scope. 

1226.2 Requirements for soft infant and 

toddler carriers. 

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). 

§ 1226.1 Scope. 

This part establishes a consumer 

product safety standard for soft infant 

and toddler carriers. 

§ 1226.2 Requirements for soft infant and 

toddler carriers. 

(a) Each soft infant and toddler carrier 

must comply with all applicable 

provisions of ASTM F2236–14, 

Standard Consumer Safety Specification 

for Soft Infant and Toddler Carriers, 

approved on January 1, 2014. 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; http://

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: http://www.archives.gov/

federal_register/code_of_federal 

regulations/ibr_locations.html. 

(b) [Reserved] 

Dated: March 24, 2014. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2014–06771 Filed 3–27–14; 8:45 am] 

BILLING CODE 6355–01–P 


tkelley on DSK3SPTVN1PROD with RULES