56418 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Proposed Rules 

1The term ‘‘infant cushions/pillows or pillowlike products’’ used throughout this ANPR means 

infant cushions/pillows or pillow-like products 

intended for use by infants less than one year of 

age, including, but not limited to, nursing pillows, 

infant beanbag seats or carriers, infant sleep aid 

pillows or similar products. 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) This AD is related to EASA EAD No: 

2006–0243–E, which references Allstar PZL 

Glider Sp. z o.o. Mandatory Bulletin No. BE–

058/SZD–50–3/2006 ‘‘PUCHACZ’’, dated 

August 10, 2006. 

Issued in Kansas City, Missouri, on 

September 20, 2006. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E6–15905 Filed 9–26–06; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Infant Cushions/Pillows; Advance 

Notice of Proposed Rulemaking; 

Request for Comments and 

Information 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: Under the Commission’s 

regulations, any infant cushion/pillow 

that meets the criteria set forth in the 

Commission’s regulations at 16 CFR 

1500.18(a)(16)(i), is currently a banned 

hazardous substance. In July 2005, the 

Commission received a petition from 

Boston Billows, Inc. asking the 

Commission to amend 16 CFR 

1500.18(a)(16)(i)(A)–(E) to provide an 

exception to the ban when the product 

is specifically designed, intended and 

promoted for mothers to use when 

breastfeeding and requested by a 

Pediatrician or a Board Certified 

Lactation Consultant. On July 10, 2006, 

the Commission voted to grant the 

petition to the extent it requests the 

Commission to commence a rulemaking 

process to evaluate whether the Boston 

Billow nursing pillow and other infant 

cushions/pillows or pillow-like 

products 1 could result in an 

amendment to the existing ban. 

Accordingly, this advance notice of 

proposed rulemaking (ANPR) initiates a 

rulemaking proceeding that could result 

in an amendment to the existing ban on 

infant cushions/pillows. This 

proceeding is commenced under the 

Federal Hazardous Substances Act 

(FHSA). 

By this notice, the Commission 

solicits written comments from 

interested persons concerning, in 

general, the risk of injury associated 

with infant cushions/pillows or pillowlike products. The Commission requests 

written comments on the regulatory 

alternatives discussed in this notice and 

other possible ways to address these 

risks. The Commission also invites 

interested persons to submit an existing 

standard, or a statement of intent to 

modify or develop a voluntary standard, 

to address the risk of injury identified 

in the notice. 

DATES: Written comments and 

submissions in response to this notice 

must be received by November 27, 2006. 

ADDRESSES: Comments should be 

submitted to the Office of the Secretary 

by e-mail at cpsc-os@cpsc.gov, or mailed 

or delivered, preferably in five copies, to 

the Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814. Comments may also be filed by 

facsimile to (301) 504–0127. Comments 

should be captioned ‘‘Infant Cushions/ 

Pillows ANPR.’’

FOR FURTHER INFORMATION CONTACT: 

Suad Wanna-Nakamura, Directorate for 

Health Sciences, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814; 

telephone (301) 504–7252; e-mail 

snakamura@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Between 1985 and 1992, there were 

35 infant deaths associated with the use 

of infant cushions/pillows (also known, 

among other names, as ‘‘baby beanbag 

pillows’’ and ‘‘beanbag cushions’’). The 

Commission initiated a rulemaking 

proceeding to determine whether a ban 

was necessary to address the 

unreasonable risks of injury and deaths 

associated with these types of infant 

cushions/pillows. 55 FR 42202. Due to 

the number of infant deaths associated 

with these products, the Commission 

proposed a rule to ban infant cushions/ 

pillows with certain characteristics. 56 

FR 32352. On June 23, 1992, the 

Commission issued a rule codified 

under 16 CFR 1500.18(a)(16)(i), banning 

infant cushions/pillows that: (1) Have a 

flexible fabric covering; (2) are loosely 

filled with a granular material, 

including but not limited to, 

polystyrene beads or pellets; (3) are 

easily flattened; (4) are capable of 

conforming to the body or face of an 

infant; and (5) are intended or promoted 

for use by children under one year of 

age. 57 FR 27912. 

On July 17, 2005, Boston Billows 

submitted a petition requesting an 

amendment to 16 CFR 

1500.18(a)(16)(i)(A)–(E) to allow an 

exception to the ban when the product 

is specifically designed, intended and 

promoted for mothers to use when 

breastfeeding and requested by a 

Pediatrician or a Board Certified 

Lactation Consultant. The petitioner is 

the manufacturer of the Boston Billow 

nursing pillow, which is purportedly 

designed and promoted to aid mothers 

when breastfeeding. 

The Commission published a notice 

in the Federal Register on October 13, 

2005, requesting comments on the 

petition. 70 FR 59726. The Commission 

received a total of 5 comments on the 

petition. The Commission staff reviewed 

the petition, the comments, and 

available information and prepared a 

briefing package for the Commission 

(available at http://www.cpsc.gov). On 

July 10, 2006, the Commission voted 3–

0 to grant the petition to commence an 

ANPR. 

B. The Product 

There has been a proliferation of 

infant cushions/pillows or pillow-like 

products in the marketplace in all 

different shapes and sizes that meet 

some or all of the criteria set forth in the 

ban. For example, an infant cushion 

may have a flexible fabric covering, 

which conforms to the body or face of 

an infant, and is used by a child under 

one year of age, but contains a filling 

that is made of cotton or polyfill, 

instead of being filled with a granular 

material, such as polystyrene beads or 

pellets. The Commission believes that 

an examination of these different types 

of infant cushions/pillows or pillow-like 

products may now be warranted, given 

the proliferation of these products in the 

marketplace and their varying 

characteristics, including sizes, shapes 

and uses. 

C. The Risk of Injury 

Between 1985 and 1992, there were 

35 infant deaths associated with the use 

of infant cushions/pillows. The 

Commission is unaware of any deaths or 

injuries associated with infant cushions/ 

pillows since the ban on infant cushions 

and pillows went into effect in 1992. At 

the time of the ban, the recommendation 

from pediatricians was to place infants 

to sleep in the prone position (on the 


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Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Proposed Rules 56419 

stomach). In all infant cushion/pillow 

related deaths where the position could 

be ascertained, the infant was in the 

prone position. The prone position was 

likely a major contributing factor to the 

suffocation and death of the infant. 

Since the ban and following 

considerable evidence that sleeping in 

the prone position is a significant risk 

factor in sudden infant death syndrome 

(SIDS) incidents, a nationwide 

education campaign was launched in 

the United States recommending that 

infants be placed on their backs when 

put to sleep (Back to Sleep campaign). 

Since the launch of the Back to Sleep 

campaign there has been a dramatic 

drop in the number of SIDS incidents in 

the United States. The guidance 

provided by the campaign may make it 

less likely that infants will be placed on 

their stomachs to sleep, reducing the 

likelihood of suffocation. The 

Commission staff continues to believe 

that infant beanbag cushions, and 

similar infant cushions/pillows 

(including the Boston Billow nursing 

pillow) pose suffocation risks to infants 

if infants are placed in the prone 

position on them for sleeping. The same 

risk is not likely to be posed when 

infants are placed in the supine 

position. Accordingly, the Commission 

believes that the current regulation 

should be reexamined to evaluate the 

likely use patterns of these products, 

and any associated risk of injury. 

D. Relevant Statutory Provisions 

The petition was docketed under the 

FHSA, 15 U.S.C. 1261 et seq. Section 

2(f)(1)(D) of the FHSA defines 

‘‘hazardous substance’’ to include any 

toy or other article intended for use by 

children that the Commission 

determines, by regulation, presents an 

electrical, mechanical, or thermal 

hazard. 15 U.S.C. 1261(f)(1)(D). An 

article may present a mechanical hazard 

if ‘‘in normal use or when subjected to 

reasonably foreseeable damage or abuse, 

its design or manufacture presents an 

unreasonable risk of personal injury or 

illness.’’ 15 U.S.C. 1261(s). 

Under section 2(q)(1)(A) of the FHSA, 

a toy, or other article intended for use 

by children, which is or contains a 

hazardous substance accessible by a 

child is a ‘‘banned hazardous 

substance.’’ 15 U.S.C. 1261(q)(1)(A). 

Currently, the Commission bans any 

article known as an infant cushion or 

infant pillow which contains a flexible 

fabric covering, is loosely filled with 

granular material (including but not 

limited to, polystyrene beads or pellets), 

is easily flattened, is capable of 

conforming to the body or face of an 

infant and is intended or promoted for 

use by children under one year of age. 

16 CFR 1500.18(a)(16)(i). 

Section 3(f) through 3(i) of the FHSA, 

15 U.S.C. 1262(f)–(i), governs a 

proceeding to promulgate a regulation 

determining that a toy or other 

children’s article presents an electrical, 

mechanical, or thermal hazard. As 

provided in section 3(f), this proceeding 

is commenced by issuance of this 

ANPR. After considering any comments 

submitted in response to this ANPR, the 

Commission will decide whether to 

issue a proposed rule and a preliminary 

regulatory analysis in accordance with 

section 3(h) of the FHSA. If a proposed 

rule is issued, the Commission would 

then consider the comments received in 

response to the proposed rule in 

deciding whether to issue a final rule 

and a final regulatory analysis. 15 U.S.C. 

1262(i). 

E. Regulatory Alternatives 

One or more of the following 

alternatives could be used to address the 

issues identified with infant cushions/ 

pillows and pillow-like products. 

1. Amend regulation to allow 

exemption for certain infant cushions/ 

pillows and pillow-like products. The 

Commission could issue a rule 

amending the existing ban to exempt 

certain infant cushions/pillows and 

pillow-like products, such as the Boston 

Billows product, which currently fall 

within the scope of the ban, if the 

Commission finds that such products do 

not present an unreasonable risk of 

injury. If an exemption is granted, the 

Commission could still consider a 

labeling requirement if it found that 

such warnings were necessary to 

adequately protect children from 

hazards associated with infant 

cushions/pillows and pillow-like 

products. 

2. Amend regulation to delete, revise 

or add criteria to the ban. The 

Commission could issue a rule 

amending the existing ban by deleting, 

revising or adding criteria, as the 

Commission found necessary to 

adequately address any risk of injury 

associated with infant cushions/pillows 

and pillow-like products used for 

sleeping. Thus, the Commission could 

either expand or narrow the ban to treat 

products of similar risk consistently. 

3. Leave existing regulation 

unchanged. The Commission could 

leave the existing ban on infant 

cushions/pillows unchanged if the 

Commission finds that the existing 

banning criteria adequately address the 

risk of injury associated with infant 

cushions/pillows and pillow-like 

products. 

4. Repeal existing regulation. The 

Commission could repeal the existing 

ban on infant cushions/pillows if the 

Commission finds that the currently 

banned infant cushions/pillows and 

pillow-like products no longer present 

an unreasonable risk of injury. If the 

existing regulation is repealed, the 

Commission has authority under section 

15 of the FHSA, 15 U.S.C. 1274, to 

pursue corrective actions on a case-bycase basis. In addition, if the ban is 

repealed, the Commission could still 

consider a labeling requirement if it 

found that such warnings were 

necessary to adequately protect children 

from hazards associated with infant 

cushions/pillows and pillow-like 

products. 

F. Solicitation of Information and 

Comments 

This ANPR is the first step in a 

proceeding which could result in an 

amendment of the current ban on infant 

cushions/pillows. All interested persons 

are invited to submit to the Commission 

their comments on any aspect of the 

alternatives discussed above. In 

particular, the Commission solicits the 

following additional information on 

infant cushions/pillows or pillow-like 

products intended for use by infants less 

than one year of age, including, but not 

limited to, nursing pillows, infant 

beanbag seats or carriers, infant wedges, 

infant sleep aid pillows, or similar 

products: 

1. The models and model numbers of 

infant cushions/pillows and pillow-like 

products and the annual sales figures for 

each model from the time such product 

was made available in the marketplace; 

2. The names and addresses of 

manufacturers and distributors who 

make and sell infant cushions/pillows 

and pillow-like products; 

3. Information on any children 

believed to have been injured or killed 

as a result of infant cushions/pillows 

and pillow-like products; 

4. The circumstances under which 

these injuries and deaths occur, 

including the ages of the victims; 

5. The current regulation lists five 

criteria that define a banned infant 

cushion/pillow. Should any of these 

criteria be revised? Should any of these 

criteria be deleted? Are there criteria not 

in the current ban that should be added? 

6. Whether the risk of injuries and 

deaths could be reasonably reduced by 

(a) Limiting sale of infant cushions/ 

pillows to certain healthcare products 

firms or medical professionals, (b) 

restricting a consumer’s purchase of an 

infant cushion/pillow to consumers 

with a medical professional’s written 

recommendation or prescription, and (c) 


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56420 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Proposed Rules 

whether any such point-of-sale 

restriction would be practical or 

effective; 

7. Other information on the potential 

costs and benefits of the regulatory 

options; 

8. The likelihood and nature of any 

significant economic impact of a rule on 

small entities; 

9. The basis for, and costs and 

benefits of, mandating a labeling or 

instructions requirement. 

Also, in accordance with section 3(f) 

of the FHSA, the Commission requests: 

(1) Written comments with respect to 

the risk of injury identified by the 

Commission, the regulatory alternatives 

being considered, and other possible 

alternatives for addressing the risk; 

(2) Any existing standard or portion of 

a standard which could be issued as a 

proposed regulation; 

(3) A statement of intention to modify 

or develop a voluntary standard to 

address the risk of injury discussed in 

this notice, along with a description of 

a plan to do so. 

Comments and other submissions 

should be captioned ‘‘Infant Cushions/ 

Pillows ANPR’’ and e-mailed to cpscos@cpsc.gov or mailed or delivered, 

preferably in five copies, to the Office of 

the Secretary at Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, Maryland 20814. 

Comments and other submissions may 

also be filed by facsimile to (301) 504–

0127. All comments and other 

submissions must be received by 

November 27, 2006. 

Dated: September 21, 2006. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 06–8265 Filed 9–26–06; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2006–25767; formerly CGD09–06–

123] 

Safety Zones; U.S. Coast Guard Water 

Training Areas, Great Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings. 

SUMMARY: This document provides the 

times and locations of the public 

meetings which will be held by the 

Coast Guard to discuss issues relating to 

the proposed permanent safety zones 

located in the Great Lakes to conduct 

live gunnery training exercises. The 

meetings will be open to the public. 

DATES: The Coast Guard will hold four 

public meetings as follows: Monday, 

October 16, 2006 in Duluth MN; 

Wednesday October 18, 2006 in Grand 

Haven/Spring Lake, MI; Thursday, 

October 19, 2006 in Port Huron/ 

Marysville, MI; Monday, October 23, 

2006 in Cleveland, OH. The public 

meetings at each location will be held 

from 5:30 p.m. to 8 p.m. (local), with an 

open house prior to the start of the 

public meeting beginning at 4 p.m. 

(local). 

Comments and material related to the 

public meetings must reach the Docket 

Management Facility on or before 

October 6, 2006. If you are unable to 

attend, you may submit comments to 

the Docket Management Facility at the 

address under ADDRESSES by November 

13, 2006. 

ADDRESSES: The Coast Guard will hold 

the public meetings at the following 

addresses: 

1. Duluth, MN: Duluth Convention 

Center, 350 Harbor Drive, Duluth, MN 

55802, telephone (218) 722–5573. 

2. Grand Haven/Spring Lake, MI: 

Grand Haven Waterfront Holiday Inn, 

940 West Savidge, Spring Lake, MI 

49456, telephone (616) 846–1000. 

3. Port Huron/Marysville, MI: Crystal 

Gardens, 1200 Gratiot Boulevard, 

Marysville, MI, 48080, telephone, (810) 

364–6650. 

4. Cleveland OH: Anthony J. 

Celebrezze Federal Building, 31st floor 

auditorium, 1240 E 9th Street, 

Cleveland, OH 44199, telephone (216) 

902–6020; photo identification required 

for entrance. 

You may also submit your comments 

and related material by only one of the 

following means: 

(1) By mail to the Docket Management 

Facility (USCG–2006–2567), U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. 

(2) By delivery to room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC 

between 9 a.m. and 5 p.m. Monday 

through Friday, except Federal 

Holidays. The telephone number is 202–

366–9329. 

(3) By fax to the Docket Management 

Facility at 202–493–2251. 

(4) Electronically through the Web 

site for the Docket Management System 

at http://dms.dot.gov. 

The Docket Management Facility 

maintains the public docket for the 

rulemaking. Comments and material 

received from the public will become 

part of this docket and will be available 

for inspection or copying at room PL–

401, located on the Plaza level of the 

Nassif Building at the same address 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may electronically access the 

public docket by performing a ‘‘Simple 

Search’’ for docket number 25767 on the 

internet at http://dms.dot.gov. 

Electronic forms of all comments 

received into any of our dockets can be 

searched by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor unit, etc.) 

and is open to the public without 

restriction. You may review the 

Department of Transportation’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you may visit 

http://dms.dot.gov/. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning this 

notice and the public meeting, contact 

Commander Gustav Wulfkuhle, Chief 

Enforcement Branch, Ninth Coast Guard 

District, Cleveland, Ohio at (216) 902–

6091. If you have any questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–493–0402. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard encourages interested persons to 

submit written data, views, or 

comments. Persons submitting 

comments should please include their 

name and address and identify the 

docket number (USCG–2006–25767). 

You may submit your comments and 

material by mail, hand delivery, fax or 

electronic means to the Docket 

Management Facility at the address 

under ADDRESSES. 

Regulatory History 

On August 1, 2006, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) (71 FR 43402) to 

establish permanent safety zones 

throughout the Great Lakes, which 

would restrict vessels from portions of 

the Great Lakes during live fire gun 

exercises that will be conducted by 

Coast Guard cutters and small boats. 

The initial comment period for this 

NPRM ended on August 31, 2006. In 

response to public requests, the Coast 

Guard re-opened the comment period 

on this NPRM. (71 FR 53629, September 

12, 2006) Re-opening the comment 

period from September 12, 2006 to 

November 13, 2006, provides the public 

more time to submit comments and 

recommendations. On September 19, 

2006, the Coast Guard published a brief 


rwilkins on PROD1PC63 with PROPOSAL