Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65865 

limited to 25 years or less over 200 

years; or 

(2) A near-circular disposal orbit that 

avoids for at least 100 years: 

(i) Altitudes 20,182 +/- 300 

kilometers; 

(ii) The geosynchronous region; and 

(iii) Altitudes less than 2,000 

kilometers. 

(d) Maneuver to disposal orbit above 

GEO. The operator must place the upper 

stage and its components into an orbit 

with a perigee altitude above 36,100 

kilometers for a period of at least 100 

years after disposal. 

(e) Probability of Collision. The 

operator must limit the probability of 

collisions with operational spacecraft 

and debris 10 cm and larger to less than 

0.001 for 100 years after disposal. 

(f) Information requirements. A 

launch or reentry operator must submit 

the following information in an Orbital 

Debris Assessment Plan— 

(1) Verification through hardware and 

software testing or analysis that the 

system has at least a 90 percent 

probability of successfully executing the 

planned disposal option; 

(2) A description of how the system 

will achieve and maintain the planned 

disposal orbit for the required time 

limit; and 

(3) Statistical analysis demonstrating 

compliance with the probability of 

collision lifetime limit with operational 

spacecraft and debris. 

§ 453.20 Real-Time Reporting of Orbital 

Safety Hazards. 

(a) At the detection of any launch or 

reentry activity outside the 3-sigma 

trajectory provided for collision 

avoidance or any debris-creating event, 

or if requested by a cognizant Federal 

agency, an operator must immediately 

provide information to the FAA and, if 

appropriate, to the requesting agency 

pertinent to locating and categorizing 

any orbital objects. 

(b) The operator shall provide the 

following information to the FAA and, 

if applicable, the requesting Federal 

agency: 

(1) The size and mass of the affected 

objects, 

(2) The last known orbital or 

trajectory information, and 

(3) Other details as determined by the 

FAA necessary to locate and categorize 

orbital objects. 

Issued under authority provided by 49 

U.S.C. 106(f) and 51 U.S.C. 50903, 50905 in 

Washington, DC. 

Kelvin B. Coleman, 

Associate Administrator for Commercial 

Space Transportation. 

[FR Doc. 2023–20531 Filed 9–25–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 1 

[File No. R307004] 

Petition for Rulemaking of the U.S. 

Chamber of Commerce 

AGENCY: Federal Trade Commission. 

ACTION: Receipt of petition; request for 

comment. 

SUMMARY: Please take notice that the 

Federal Trade Commission 

(‘‘Commission’’) received a petition for 

rulemaking from the U.S. Chamber of 

Commerce. This petition requests to 

amend the Commission’s rule regarding 

the disqualification of Commissioners. 

The Commission invites written 

comments concerning the petition. 

Publication of this petition is pursuant 

to the Commission’s Rules of Practice 

and Procedure and does not affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments must identify the 

petition docket number and be filed by 

October 26, 2023. 

ADDRESSES: You may view the petition, 

identified by docket number FTC–2023– 

0059, and submit written comments 

concerning its merits by using the 

Federal eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit sensitive or confidential 

information. You may read background 

documents or comments received at 

https://www.regulations.gov at any time. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Freer (phone: 202–326–2663, 

email: dfreer@ftc.gov), Office of the 

Secretary, Federal Trade Commission, 

600 Pennsylvania Avenue NW, 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 18(a)(1)(B) of the Federal 

Trade Commission Act, 15 U.S.C. 

57a(1)(B), and FTC Rule 1.31(f), 16 CFR 

1.31(f), notice is hereby given that the 

above-captioned petition has been filed 

with the Secretary of the Commission 

and has been placed on the public 

record for a period of thirty (30) days. 

Any person may submit comments in 

support of or in opposition to the 

petition. All timely and responsive 

comments submitted in connection with 

this petition will become part of the 

public record. 

The Commission will not consider the 

petition’s merits until after the comment 

period closes. It may grant or deny the 

petition in whole or in part, and it may 

deem the petition insufficient to warrant 

commencement of a rulemaking 

proceeding. The purpose of this 

document is to facilitate public 

comment on the petition to aid the 

Commission in determining what, if 

any, action to take regarding the request 

contained in the petition. This 

document is not intended to start, stop, 

cancel, or otherwise affect rulemaking 

proceedings in any way. 

Because your comment will be placed 

on the publicly accessible website at 

https://www.regulations.gov, you are 

solely responsible for making sure your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’s Social Security number; date of 

birth; driver’s license number or other 

state identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

(Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 

U.S.C. 601 note.) 

April J. Tabor, 

Secretary. 

[FR Doc. 2023–20422 Filed 9–25–23; 8:45 am] 

BILLING CODE 6750–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112, 1130 and 1242 

[CPSC Docket No. 2023–0037] 

Safety Standard for Nursing Pillows 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Danny Keysar Child 

Product Safety Notification Act, section 

104 of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), 

requires the U.S. Consumer Product 

Safety Commission (Commission or 

CPSC) to promulgate consumer product 

safety standards for durable infant or 

toddler products. The Commission is 

proposing a safety standard for nursing 

pillows. The Commission is also 

proposing to amend CPSC’s consumer 

registration requirements to identify 


lotter on DSK11XQN23PROD with PROPOSALS1
65866 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

1On September 8, 2023, the Commission voted 

(4–0) to publish this notice of proposed rulemaking. 

Chair Hoehn-Saric and Commissioners Trumka and 

Boyle issued statements in connection with their 

votes, available at: https://www.cpsc.gov/s3fspublic/RCANoticeofProposedRulemakingSafety

StandardforNursingPillows.pdf?Version

Id=wCUsHNj0AhXxb3KM2A.kxMawNVGbS6oE. 

2Staff Briefing Package: Staff’s Draft Proposed 

Rule for Nursing Pillows (Aug. 23, 2023) (Staff’s 

NPR Briefing Package), available at: https://

www.cpsc.gov/content/Commission-BriefingPackage-Notice-of-Proposed-Rulemaking-SafetyStandard-for-Nursing-Pillows. 

3https://www.cpsc.gov/s3fs-public/Nursing-andSupport-Pillow-VS-request.pdf. 

4The ASTM F15.16 Infant Feeding Supports 

subcommittee was initially called the Feeding and 

Infant Support Products subcommittee. 

nursing pillows as durable infant or 

toddler products and proposing to 

amend CPSC’s list of notice of 

requirements (NORs) to include such 

nursing pillows. This proposed rule 

would help ensure that consumers 

continue to have access to nursing 

pillows for feeding while reducing 

hazards that have been identified for 

this product category. 

DATES: Submit comments by November 

27, 2023. 

ADDRESSES: Comments related to the 

Paperwork Reduction Act aspects of the 

marking, labeling, and instructional 

literature requirements of the proposed 

rule should be directed to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, Attn: 

CPSC Desk Officer, FAX: 202–395–6974, 

or emailed to oira_submission@

omb.eop.gov. 

Other comments, identified by Docket 

No. CPSC–2023–0037, may be 

submitted electronically or in writing, 

as follows: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by email, except as 

described below. CPSC encourages you 

to submit electronic comments by using 

the Federal eRulemaking Portal, as 

described above. 

Mail/Hand Delivery/Courier Written 

Submissions: Submit comments by 

mail/hand delivery/courier to: Office of 

the Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. If you wish to submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions received 

must include the agency name and 

docket number for this proposed 

rulemaking. CPSC may post all 

comments without change, including 

any personal identifiers, contact 

information, or other personal 

information provided, to: 

www.regulations.gov. Do not submit 

electronically any confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If you wish to submit such 

information, please submit it according 

to the instructions for mail/hand 

delivery/courier written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, insert the docket 

number, CPSC–2023–0037, into the 

‘‘Search’’ box, and follow the prompts. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Smith, Project Manager, 

Directorate for Engineering Sciences, 

U.S. Consumer Product Safety 

Commission, 5 Research Place, 

Rockville, MD 20850; email: tsmith@

cpsc.gov; telephone: (301) 987–2557. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

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. 15 U.S.C. 2056a(b)(1). The 

Commission must continue to 

promulgate standards for all categories 

of durable infant or toddler products 

‘‘until the Commission has promulgated 

standards for all such product 

categories.’’ 15 U.S.C. 2056a(b)(2). 

The Commission is issuing this notice 

of proposed rulemaking (NPR) to 

establish a consumer product safety rule 

for nursing pillows to further implement 

section 104 of the CPSIA.1 The briefing 

package prepared by Commission staff 

defines ‘‘nursing pillows’’ as ‘‘any 

product intended, marketed, or 

designed to position and support an 

infant close to a caregiver’s body while 

breastfeeding or bottle feeding. These 

products rest upon, wrap around, or are 

worn by a caregiver in a seated or 

reclined position.’’ 2 Nursing pillows 

provide support to caregivers by raising 

infants to the desired height for feeding, 

thereby reducing muscular strain and 

abdominal pressure on the caregiver and 

providing a buffering surface between 

the infant and the caregiver. When 

infants fall asleep or are left unattended 

on nursing pillows, however, they are at 

risk for death or serious injury by 

suffocation. 

As required by section 104(b)(1)(A) of 

the CPSIA, CPSC consulted with 

manufacturers, retailers, trade 

organizations, laboratories, consumer 

advocacy groups, consultants, and the 

public to develop this rule, including 

through participation in the juvenile 

products subcommittee meetings of 

ASTM. CPSC formally began the 

consultation process for this rulemaking 

in December 2021, via a letter from 

CPSC staff requesting that ASTM form 

a working group to develop a voluntary 

standard to reduce the risk of death and 

injury from hazards associated with 

infant pillow products, including 

nursing pillows.3 CPSC staff provided 

ASTM incident data associated with 

both nursing pillows and infant support 

cushions. In response, ASTM formed 

the following subcommittees to develop 

two separate voluntary standards: 

• the F15.16 Infant Feeding Supports 

subcommittee,4 intended to develop a 

standard for nursing pillows, which the 

subcommittee refers to as infant feeding 

supports; and 

• the F15.21 Infant Loungers 

subcommittee, with a remit including 

nursing pillows that are also intended 

for lounging. 

CPSC staff has been actively 

participating in both ASTM 

subcommittees to develop voluntary 

standards that address hazards 

associated with these products. 

Currently, no voluntary or mandatory 

safety standard for nursing pillows 

exists to address the hazards of infants 

sleeping on or in these products. 

Pursuant to section 104 of the CPSIA, 15 

U.S.C. 2056a, the Commission proposes 

to issue a mandatory standard for 

nursing pillows. Nursing pillows are 

sometimes used on elevated surfaces or 

inside an infant sleep product, which 

can lead to death or serious injury by 

suffocation, entrapment, or falls. CPSC 

staff identified 154 infant fatalities and 

88 nonfatal incidents from January 1, 

2010, to December 31, 2022, involving 

nursing pillows. Of the 154 fatalities, an 

infant was sleeping in or on the nursing 

pillow in 142 cases. In 1992, CPSC 

adopted a ban on certain types of 

hazardous ‘‘infant pillows’’ that contain 

loosely filled granular materials that 

conform to an infant’s face or body, 

codified at 16 CFR 1500.18(a)(16) (Infant 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65867 

5See Staff NPR Briefing Package at 5, figures 1 

and 2, for examples of nursing pillow designs. 6See Staff NPR Briefing Package at 12–17 and 

Engineering, Human Factors, and Health Sciences 

assessments, Tabs B, C, and D. 

Pillow Ban). Certain nursing pillows are 

exempt from the Infant Pillow Ban 

while others do not fall within its scope, 

such as pillows with a non-granular fill. 

Many products are currently marketed 

for both nursing and ‘‘lounging,’’ 

despite the suffocation hazard posed of 

by propping up very young infants. In 

2020, the most recent year for which 

CPSC has complete data, nursing 

pillows are associated with 38 fatalities 

and 14 injuries. 

To address the risk of death and 

injury associated with nursing pillows, 

and as required in section 104 of the 

CPSIA, the Commission is issuing this 

proposed rule to establish mandatory 

performance and labeling requirements 

for nursing pillows. The proposed rule 

is intended to address the hazards 

associated with infants in nursing 

pillows. Accordingly, the proposed rule 

addresses: 

(1) suffocation hazards associated 

with nursing pillows, by requiring 

nursing pillows to be sufficiently firm 

that the product is unlikely to conform 

to an infant’s face and occlude its 

airways; 

(2) entrapment hazards posed when 

the product restricts an infant’s head 

movements, via performance standards 

requiring testing to assess this hazard; 

(3) suffocation and fall risks due to 

infant restraints that could suggest to 

consumers that infants can safely be left 

unattended in or on the product; and 

(4) the risks of suffocation, 

entrapment, or fall when an infant is left 

unattended in the product by requiring 

labeling and instructional literature to 

better communicate risks. 

Section VI of this preamble, and Tabs 

B and C in Staff’s NPR Briefing Package, 

provide a detailed explanation of 

proposed performance and labeling 

requirements. 

Nursing pillows are a durable infant 

or toddler product under section 104(f) 

of the CPSIA. Section 104(f)(1) defines 

the term ‘‘durable infant or toddler 

product’’ as ‘‘a durable product 

intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years.’’ 15 

U.S.C. 2056a(f)(1). Section 104(f)(2) of 

the CPSIA provides a non-exhaustive 

list of product categories within the 

definition of ‘‘durable infant or toddler 

products.’’ Although nursing pillows are 

not specifically listed in section 

104(f)(2), they are ‘‘durable infant or 

toddler products’’ because (as explained 

in Part VIII below) they are durable 

products reasonably expected to be used 

by infants under the age of 5 years for 

support while they are being fed. 

Section 104(d) of the CPSIA requires 

manufacturers of durable infant or 

toddler products to establish a product 

registration program and comply with 

CPSC’s rule for product registration 

cards, 16 CFR part 1130. Any product 

defined in part 1130 as a ‘‘durable infant 

or toddler product’’ must comply with 

the product registration requirements, as 

well as testing and certification 

requirements for children’s products, 

that are codified in 16 CFR parts 1107 

and 1109. Because nursing pillows are 

durable infant products that will be 

subject to the proposed consumer 

product safety standard, the 

Commission proposes to amend part 

1130 to include nursing pillows in the 

list of durable infant or toddler products 

that must comply with these product 

registration requirements. See 16 CFR 

1130.2(a). 

The testing and certification 

requirements of section 14(a) of the 

Consumer Product Safety Act (CPSA), 

15 U.S.C. 2063(a), apply to standards 

promulgated under section 104 of the 

CPSIA. Section 14(a)(3) of the CPSA 

requires the Commission to publish an 

NOR for the accreditation of third party 

conformity assessment bodies (test 

laboratories) to assess conformity with a 

children’s product safety rule to which 

a children’s product is subject. The 

proposed rule would be a children’s 

product safety rule that requires the 

issuance of a NOR. 

II. The Product Category 

A. Definition of Nursing Pillows 

Nursing pillows are infant products 

intended to position and support an 

infant during breastfeeding—also 

referred to as nursing—or bottle feeding. 

These products generally rest upon or 

are ‘‘worn’’ by the caregiver while 

seated or partially reclined. Nursing 

pillows are most commonly C-, U-, or 

crescent- (or horseshoe-) shaped—to fit 

closely around the caregiver’s torso. 

However, other designs exist, including 

a V-shaped or boomerang-shaped 

product, a round pod with a recessed 

center to support the infant, a stack of 

multiple petal-shaped pillows attached 

to a central tubular pillow, and Eshaped products for twins. Most nursing 

pillows are filled with synthetic batting 

or foam, but products filled with cotton, 

wool, or dried grains are available. See 

Tab E of Staff’s NPR Briefing Package. 

In addition to providing a support 

surface for infants, nursing pillows raise 

the infant to the desired height for 

feeding, thereby reducing muscular 

strain on the caregiver, and provide a 

buffering surface between the infant and 

the caregiver, reducing pressure on the 

caregiver’s abdomen. This latter 

function is especially helpful where the 

caregiver has abdominal stitches from a 

caesarean section. Some products 

include a strap or belt, sometimes with 

a buckle, to secure the product to the 

caregiver’s body, and a few have 

restraints that attach the infant to the 

product. Many products come with 

removable fabric covers, and some 

products have small infant head support 

bolsters or fabric toys attached.5

Nursing pillows are not covered by an 

existing voluntary safety standard. 

However, CPSC staff has been working 

with ASTM’s F15.16 Infant Feeding 

Supports subcommittee to develop 

requirements intended to address the 

primary hazards associated with nursing 

pillows. On March 20, 2023, ASTM’s 

F15.16 subcommittee issued a 

preliminary draft of the ASTM Infant 

Feeding Supports voluntary standard 

(ASTM draft standard).6 The ASTM 

draft standard (which is not an 

approved standard and remains subject 

to change) defines an infant feeding 

support as a ‘‘product that is intended 

to position and support an infant (the 

occupant) close to a caregiver’s body, 

and to reduce strain and pressure on the 

caregiver’s body, while breastfeeding or 

bottle feeding.’’ Although not part of the 

formal definition, the ASTM draft 

standard includes clarifying text that 

states: ‘‘These products are commonly 

U-shaped in appearance, and generally 

rest upon, wrap around, or are worn by 

a caregiver in a seated or reclined 

position. These products are commonly 

known as nursing pillows.’’ Thus, the 

ASTM draft standard for infant feeding 

supports would include nursing pillows 

within the scope of covered products. 

B. Market Description 

As discussed in Staff’s NPR Briefing 

Package at Tab E, CPSC estimates that 

annual sales of new nursing pillows 

likely total approximately $67 million. 

New nursing pillows range in price from 

$15 to $100, with most products in the 

$25 to $65 range. The more expensive 

models tend to have removable covers. 

The Commission’s estimate of $67 

million per year in sales of new nursing 

pillows assumes an average price of 

approximately $50 and annual sales of 

1.34 million units. Some parents, 

however, may already own a pillow that 

was purchased for an older child, make 

a pillow, or buy a used pillow to use for 

nursing. Used nursing pillows and 

replacement covers for nursing pillows 

are commonly available from secondary 

marketplaces such as eBay and Mercari, 


lotter on DSK11XQN23PROD with PROPOSALS1
65868 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

7CPSRMS is the epidemiological database that 

houses all anecdotal reports of incidents received 

by CPSC, ‘‘external cause’’-based death certificates 

purchased by CPSC, all in-depth investigations of 

these anecdotal reports, as well as investigations of 

select NEISS injuries. CPSRMS documents include 

hotline reports, online reports, news reports, 

medical examiner’s reports, death certificates, 

retailer/manufacturer reports, and documents sent 

by state and local authorities, among others. 

8NEISS is a statistically valid surveillance system 

for collecting injury data. NEISS is based on a 

nationally representative probability sample of 

hospitals in the U.S. and its territories. Each 

participating NEISS hospital reports patient 

information for every emergency department visit 

associated with a consumer product or a poisoning 

to a child younger than five years of age. The total 

number of product-related hospital emergency 

department visits nationwide can be estimated from 

the sample of cases reported in the NEISS. See 

https://www.cpsc.gov/Research--Statistics/NEISSInjury-Data. 

9More than half of the fatalities of which CPSC 

staff is aware were reported to have occurred since 

2019. Staff’s NPR Briefing Package at Tab A. 

However, staff has noted that because the reported 

data are anecdotal, fluctuations in the numbers of 

reported incidents could simply reflect changes in 

reporting rather than an actual change in incident 

frequency. Id. 

where prices are observed to range from 

less than $7 to more than $120. The 

widespread availability of replacement 

covers extends the useful life and 

durability of nursing pillows, allowing 

covers to be cleaned or replaced as 

needed. 

Although more than a thousand 

businesses sell nursing pillows and 

nursing pillow covers online, just nine 

companies supply the models 

commonly sold in brick-and-mortar 

stores. Individual stores typically have 

fewer than four models of nursing 

pillows in stock, which limits 

consumers’ ability to assess the safetyrelated characteristics of the products 

and to make selections on that basis. 

C. Infant Cushion/Pillow Ban and 

Nursing Pillow Exemption 

In 1992, pursuant to the 

Commission’s authority under the 

Federal Hazardous Substances Act 

(FHSA), the Commission issued its 

Infant Pillow Ban. 57 FR 27912 (June 23, 

1992). The Infant Pillow Ban bans 

‘‘infant cushions,’’ ‘‘infant pillows,’’ and 

similar articles that are: 

• loosely filled with granular 

material, including but not limited to, 

polystyrene beads or pellets; 

• easily flattened; 

• capable of conforming to the body 

or face of an infant; and 

• intended or promoted for use by 

children under 1 year of age. 

This proposed rule for nursing 

pillows does not change the FHSA ban. 

That ban was limited to infant cushions 

and infant pillows defined in the Infant 

Pillow Ban and the specific hazard 

presented by products with loosely 

filled granular material such as 

polystyrene beads or pellets. 

In 2008, the Commission approved an 

exemption to the Infant Pillow Ban. 73 

FR 77493 (Dec. 19, 2008). The 

exemption applies to Boston Billow 

Nursing Pillows and substantially 

similar nursing pillows that are 

designed to be used only as nursing aids 

for breastfeeding mothers. 16 CFR 

1500.86(a)(9). Examples of products that 

fall within this exemption include 

nursing pillows that are tubular in form, 

C- or crescent-shaped to fit around a 

caregiver’s waist, round in 

circumference, and filled with granular 

material. The exemption applies only to 

the Infant Pillow Ban and is not 

applicable to this proposed rule. In 

approving the exemption, the 

Commission assessed the utility of 

nursing pillows and the risk of harm 

based on data from January 1992 to May 

2008. The Commission found that the 

data available at that time did not 

support a ban on the sale of all nursing 

pillows under the FHSA. Termination of 

Rulemaking Other Than With Respect to 

Boston Billow Nursing Pillow and 

Substantially Similar Nursing Pillows, 

73 FR 51386, 51387 (Sept. 3, 2008). 

Unlike the Infant Pillow Ban, this 

proposed rule sets a performance 

standard pursuant to the CPSIA that 

allows for the sale of nursing pillows 

that meet the requirements in the 

standard. As described below, this 

proposed rule is based in part on new 

data concerning incidents that occurred 

between January 2010 through 

December 2022, many of which were 

fatal. The proposed rule does not alter 

either the Infant Pillow Ban at 16 CFR 

1500.18(a)(16) or the exemption 

codified at 16 CFR 1500.86(a)(9), both of 

which would remain in place. Thus, 

products that are not banned under the 

Infant Pillow Ban but that meet this 

proposed rule’s definition of a nursing 

pillow would need to comply with the 

proposed rule. 

III. Incident Data and Hazard Patterns 

CPSC staff searched the Consumer 

Product Safety Risk Management 

System (CPSRMS) 7 and National 

Electronic Injury Surveillance System 

(NEISS) 8 databases for fatalities, 

incidents, and concerns associated with 

nursing pillows and involving infants 

up to 12 months old, reported to have 

occurred between January 1, 2010, and 

December 31, 2022. Commission staff 

identified 154 fatal incidents and 88 

nonfatal incidents and consumer 

concerns reported to CPSC during this 

time. Because reporting is ongoing, the 

number of reported fatalities and 

nonfatal incidents during this period 

may increase, especially for years 2021 

and 2022. Tab A of Staff’s NPR Briefing 

Package describes the incident and 

hazard patterns associated with nursing 

pillows. 

A. Incident Severity 

The Commission is aware of 242 

incident reports associated with nursing 

pillows. Table 1 groups the reported 

cases by severity. Of the 242 reports, 

154 (64 percent) involved a fatality.9 Of 

the 88 nonfatal incidents, 64 (73 

percent) resulted in an injury, and 24 

(27 percent) reported no injury. Among 

the reported incidents without injury, 

some included concerns such as 

product integrity or the smell of the 

nursing pillow that are unrelated to the 

hazards this proposed rule is intended 

to address. Table 1 provides the 

distribution of incidents by year. 

TABLE 1—REPORTED INCIDENTS AND INJURY SEVERITY BY YEAR, JANUARY 1, 2010–DECEMBER 31, 2022 

Year Fatalities Injuries No injury Total 

2010 ................................................................................................................. 7 3 2 12 

2011 ................................................................................................................. 5 0 1 6 

2012 ................................................................................................................. 7 1 1 9 

2013 ................................................................................................................. 5 0 6 11 

2014 ................................................................................................................. 4 2 3 9 

2015 ................................................................................................................. 10 3 0 13 

2016 ................................................................................................................. 6 3 1 10 

2017 ................................................................................................................. 10 5 0 15 

2018 ................................................................................................................. 16 2 0 18 

2019 ................................................................................................................. 17 5 0 22 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65869 

TABLE 1—REPORTED INCIDENTS AND INJURY SEVERITY BY YEAR, JANUARY 1, 2010–DECEMBER 31, 2022—Continued 

Year Fatalities Injuries No injury Total 

2020 ................................................................................................................. 38 14 2 54

2021 * ............................................................................................................... 21 14 1 36 

2022 * ............................................................................................................... 8 12 7 27 

Total .......................................................................................................... 154 64 24 242 

Source: CPSRMS and NEISS. 

Reporting is ongoing; 2021–2022 are incomplete. 

As reflected in Table 2, nearly all (144 

of the 154, or 94 percent) of the reported 

fatalities associated with nursing 

pillows involved infants 6 months old 

and younger, and most (110 out of 154, 

or 71 percent) were deaths of infants 3 

months old or younger. For more than 

two-thirds of the nonfatal incidents and 

nearly all the incidents without injury, 

however, the victim’s age is not 

available. 

TABLE 2—REPORTED INCIDENTS AND INJURY SEVERITY BY AGE, JANUARY 1, 2010–DECEMBER 31, 2022 

Age Fatalities Injuries No injury Total 

1 month ............................................................................................................ 44 7 0 51 

2 months .......................................................................................................... 36 4 0 40 

3 months .......................................................................................................... 30 5 0 35 

4 months .......................................................................................................... 15 4 1 20 

5 months .......................................................................................................... 10 4 0 14 

6 months .......................................................................................................... 9 1 0 10 

7 months .......................................................................................................... 6 1 0 7 

8 months .......................................................................................................... 2 1 0 3 

9 months .......................................................................................................... 1 1 0 2 

Unknown .......................................................................................................... 1 36 23 60 

Total .......................................................................................................... 154 64 24 242 

Source: CPSRMS and NEISS. 

Reporting is ongoing. 2021–2022 are considered incomplete. 

B. Fatalities and Associated Hazard 

Patterns 

The official cause of death reported by 

the medical examiner in nearly all of the 

154 reported fatalities was asphyxia, 

suffocation, overlay, sudden unexpected 

infant death (SUID), sudden infant 

death syndrome (SIDS; a sub-type of 

SUID), or a similar cause. Nearly all 

reported fatalities (142 of the 154) 

involved use of the nursing pillow for 

sleep, and these cases often involved 

additional unsafe sleep conditions 

including sleep-surface sharing—also 

known as co-sleeping—or the presence 

of other soft bedding such as pillows or 

blankets. 

Nursing pillows are intended to be 

used for feeding when both infant and 

caregiver are awake, and the caregiver is 

able to ensure that the infant’s airways 

are not covered by the pillow. However, 

because infants frequently fall asleep 

during or after feeding, nursing pillows 

are foreseeably misused for infant sleep, 

which creates a potential hazard for the 

infant. For example, if a sleeping infant 

rolls over so their face is pressed against 

the nursing pillow, the infant’s airways 

may be blocked, causing suffocation. 

Similarly, if an infant falls into the 

opening where the caregiver is 

positioned during feeding, the infant 

can land face-down with the pillow 

surrounding their head, causing 

entrapment against the surface on which 

the pillow rests. Even if the infant 

remains with their back against the top 

of the nursing pillow, if the infant’s 

position shifts so that their head falls 

against their chest or tilts backwards 

over the top of the pillow, the 

hyperextension or hyperflexion of the 

infant’s neck can prevent breathing. 

For the most part, there was no 

witness observing the fatal incidents, 

and 60 of the fatal cases (39 percent) 

had insufficient details to enable CPSC 

staff to determine the hazard pattern or 

scenario. However, CPSC staff classified 

the remaining 94 reported fatalities by 

hazard patterns, based on the best 

available information about the position 

in which the victim was found. Table 3 

shows the distribution of the 154 

reported fatalities by hazard scenario. 

TABLE 3—REPORTED FATALITIES BY HAZARD SCENARIO, JANUARY 1, 2010–DECEMBER 31, 2022 

Hazard scenario Fatalities Percent * 

Face into product ..................................................................................................................................................... 32 21 

Face into other object/bedding outside product ...................................................................................................... 21 14 

Face down in opening ............................................................................................................................................. 14 9 

Neck extension/flexion ............................................................................................................................................. 13 8 

Bedding over face .................................................................................................................................................... 4 3 

Face into product or bedding (unknown) ................................................................................................................ 4 3 

Entrapment/overlay while nursing ........................................................................................................................... 3 2 

Overlay ..................................................................................................................................................................... 3 2 

Unknown .................................................................................................................................................................. 60 39 


lotter on DSK11XQN23PROD with PROPOSALS1
65870 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

TABLE 3—REPORTED FATALITIES BY HAZARD SCENARIO, JANUARY 1, 2010–DECEMBER 31, 2022—Continued 

Hazard scenario Fatalities Percent * 

Total .................................................................................................................................................................. 154 100 

Source: CPSRMS. 

Reporting is ongoing, especially for 2021–2022. 

* Percentages may not sum to 100 due to rounding. 

Sixty-two fatalities (40 percent) 

involved the nursing pillow product 

being used in another infant sleep 

product, such as a crib, portable 

playpen, or bassinet; 61 fatalities (40 

percent) involved use of the product on 

an adult bed or mattress; and one 

fatality involved a mattress of unknown 

size. Eighteen reported fatalities (12 

percent) involved the product being 

used on a couch, sofa, or loveseat; one 

fatality involved the product being used 

on the caregiver’s lap in a recliner chair; 

and the use location for 11 fatalities is 

unknown. Table 4 displays fatal 

incidents by the location where the 

nursing pillow and infant were placed. 

TABLE 4—REPORTED FATALITIES BY PILLOW/INFANT PLACEMENT, JANUARY 1, 2010–DECEMBER 31, 2022 

Pillow/infant placement Fatalities Percent * 

Infant sleep product ................................................................................................................................................. 62 40 

Bassinet ............................................................................................................................................................ 29 19 

Crib ................................................................................................................................................................... 20 13 

Portable playpen/crib ........................................................................................................................................ 13 8 

Adult sleep product .................................................................................................................................................. 61 40 

Adult bed .......................................................................................................................................................... 58 38 

Adult mattress ................................................................................................................................................... 3 2 

Couch ....................................................................................................................................................................... 18 12 

Recliner chair ........................................................................................................................................................... 1 1 

Unknown size mattress ........................................................................................................................................... 1 1 

Unknown .................................................................................................................................................................. 11 7 

Total ........................................................................................................................................................... 154 100 

Source: CPSRMS. 

Reporting is ongoing, especially for 2021–2022. 

* Percentages may not sum to 100 due to rounding. 

C. Nonfatal Incidents 

Of the 88 nonfatal incidents 

associated with nursing pillows, 64 

resulted in an injury to the infant and 

24 did not lead to a reported injury. Of 

the 64 injury victims, 19 infants were 

known to have been treated and 

released from the emergency 

department. All 19 of these injuries 

involved the infant falling or rolling off, 

or out, of the nursing pillow. An 

additional 3 injuries, one involving a 

burn, one due to a fall, and one due to 

cardiopulmonary arrest after the infant 

was laying on the nursing pillow, 

resulted in hospital admission. The 

remaining 42 injuries where the level of 

care was not known included falls, near 

suffocation, near strangulation, choking, 

and skin irritation or allergy. Table 5 

summarizes the hazard patterns for the 

nursing pillow-related nonfatal 

incidents. 

TABLE 5—REPORTED NONFATAL INCIDENTS BY HAZARD PATTERN, JANUARY 1, 2010–DECEMBER 31, 2022 

Hazard Nonfatal 

incidents Percent * 

Skin allergy/irritation ................................................................................................................................................ 29 33 

Fall/roll out ............................................................................................................................................................... 23 26 

Elevated surface ............................................................................................................................................... 19 22 

Carrying in product ........................................................................................................................................... 2 2 

Same level ........................................................................................................................................................ 1 1 

Unknown level .................................................................................................................................................. 1 1 

Filling coming out/choking hazard ........................................................................................................................... 6 7 

Product integrity ....................................................................................................................................................... 5 6 

Strong smell ............................................................................................................................................................. 5 6 

Other ........................................................................................................................................................................ 20 23 

Total .................................................................................................................................................................. 88 100 

Source: CPSRMS and NEISS. 

Reporting is ongoing for these databases, especially for 2021–2022. 

* Percentages may not sum to 100 due to rounding. 

Table 6 displays nonfatal injuries by 

the location in which the nursing pillow 

and infant were placed. In 66 percent 

(42 of 64) of the nonfatal injuries, the 

location was unknown, but the most 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65871 

10See Staff’s NPR Briefing Package, Tab B. 

11Mannen, E.M., Davis, W., Goldrod, S., Lujan, 

T., Siddicky, S.F., Whitaker, B., & Carroll, J. (2022). 

Pillows Product Characterization and Testing. 

Prepared for the U.S. Consumer Product Safety 

Commission under contract no. 61320620D0002, 

task order no. 61320621F1015. Available at: https:// 

www.cpsc.gov/content/Pillows-ProductCharacterization-and-Testing. 

12The sagittal plane is an anatomical plane that 

runs vertically through the human body, dividing 

it into left and right sections. It can be thought of 

as viewing the human body in profile. 

13See Staff’s NPR Briefing Package, Tab B. 

14On August 21, 2023, ASTM issued ballot F15 

(23–12), which included a revised draft of the 

ASTM Infant Feeding Supports voluntary standard. 

This new ballot is scheduled to close on September 

21, 2023. Staff is currently reviewing the ballot 

common locations among the remaining 

incidents were couches and beds. 

TABLE 6—REPORTED NONFATAL INJURIES BY PILLOW/INFANT PLACEMENT, JANUARY 1, 2010–DECEMBER 31, 2022 

Pillow/infant placement Injuries Percent * 

Couch ....................................................................................................................................................................... 8 13 

Adult bed ∧ ............................................................................................................................................................... 5 8 

Bed, unknown type .................................................................................................................................................. 3 5 

Infant being carried in product ................................................................................................................................. 2 3 

Table ........................................................................................................................................................................ 2 3 

Bathroom counter .................................................................................................................................................... 1 2 

Rocking Chair ** ....................................................................................................................................................... 1 2 

Unknown .................................................................................................................................................................. 42 66 

Total .................................................................................................................................................................. 64 100 

Source: CPSRMS and NEISS. 

Reporting is ongoing for these databases, especially for 2021–2022. 

* Percentages may not sum to 100 due to rounding. 

∧ In one incident, the caregiver was breastfeeding while in an adult bed. 

** Infant was placed on the caregiver’s lap while in the rocking chair. 

IV. The BSU Final Report 10

CPSC awarded a contract to Boise 

State University (BSU) for infant 

biomechanics and suffocation research 

and consultancy services. One task 

under this contract was for research on 

pillows intended for infant care and use, 

and an analysis of the risk of injury or 

death to infants associated with the use 

of infant pillows marketed as aiding 

infants during activities such as feeding, 

nursing, sleeping, propping, and 

lounging; that is, nursing pillows and 

infant support cushions. 

BSU delivered its final report on June 

30, 2022 (the BSU Final Report).11 The 

BSU Final Report provides 

recommendations and conclusions 

related to the performance and design of 

nursing pillows, including: 

• Firmness Testing. The BSU Final 

Report recommends that all nursing 

pillows be required to undergo firmness 

testing, because products that lack 

firmness are more likely to conform 

around an infant’s nose and mouth and 

to present a suffocation hazard. The 

report recommends testing using a 3- 

inch diameter, anthropometry-based 

hemispheric probe that is geometrically 

similar to, and sized to represent the 

breadth of, an infant’s face. The report 

suggests that this probe should be 

applied to the product at three 

locations: the location of maximum 

thickness, the location of minimum 

thickness, and a third location that 

seems particularly soft or is otherwise 

most likely to result in failure. The force 

required to displace the probe 1 inch 

into the product at each location must 

exceed 10 Newtons (N). Passing this 

requirement would mean that the 

product has firmness comparable to crib 

mattresses, which are generally 

considered the safest place for an infant 

to sleep. 

• Airflow Testing. The BSU Final 

Report recommends that products that 

do not pass firmness testing be required 

to pass an airflow test. Passing the 

airflow test would mean that the 

product has airflow characteristics 

comparable to current mesh crib liners, 

which the BSU researchers believe 

would mitigate the suffocation hazard. 

However, the report also recommends 

that airflow testing is not required for 

products that pass their proposed 

firmness testing, because a firm product 

is unlikely to form a seal around an 

infant’s nose and mouth. 

• Sagittal-Plane Testing. BSU 

developed prototype sagittal-plane 

testing devices to allow for more 

comprehensive assessments of infant 

positioning in and on nursing pillows 

and infant support cushions.12 The BSU 

Final report emphasizes that further 

research is needed to determine 

appropriate worst-case positions for 

testing and to set threshold values for 

acceptable body positions that would 

not negatively impact infant breathing. 

• Nursing Pillow Shape. The BSU 

Final Report advises that nursing 

pillows that are firm and feature sharper 

corners, rather than cylindrical sides, 

are likely the safest option for infants, 

because there would be no reasonable 

way for consumers to use such a 

product for lounging, thereby limiting 

the hazards associated with sagittalplane positioning in a nursing pillow. 

CPSC considered the BSU Final 

Report and its recommendations when 

developing this proposed rule for 

nursing pillows. Tab B of Staff’s NPR 

Briefing Package contains CPSC staff’s 

assessment of how the proposed rule 

reflects the report’s conclusions and 

recommendations. 

V. ASTM’s Draft Standard 13

There are no published U.S. voluntary 

standards for nursing pillows. However, 

on March 20, 2023, ASTM issued ballot 

F15.16 (23–01), which included the 

ASTM draft standard. The ballot closed 

on April 20, 2023, and received 11 

negative votes with comments and 6 

other comments. Although not adopted, 

the ASTM draft standard reflects the 

types of performance requirements that 

are under consideration by industry, 

with input from CPSC staff.14 It includes 

general requirements typically found in 

other ASTM juvenile product standards, 

such as requirements for lead, including 

lead in paints; prohibitions against 

small parts, hazardous sharp edges or 

points, and removable protective 

components; requirements to prevent 

injury from scissoring, shearing, and 

pinching; requirements for toy 

accessories that are attached to, 

removable from, or sold with the 

products; and permanency requirements 

for labels and warnings. 

The ASTM draft standard also 

includes four performance requirements 


lotter on DSK11XQN23PROD with PROPOSALS1
65872 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

15See Staff’s NPR Briefing Package, Tab B. 

intended to address safety hazards 

specifically associated with nursing 

pillows: 

• Infant Restraints: This requirement 

prohibits infant feeding supports from 

including an infant restraint system, 

which may entangle an infant and could 

invite misuse by suggesting to caregivers 

that it is acceptable to leave an infant 

unattended on the nursing pillow. 

• Fabric/Mesh Integrity: This 

requirement is intended to address 

product integrity issues such as seam 

failures and material breakage. 

• Firmness: This requirement places 

limits on the extent to which certain 

portions of the product can deflect 

when a 3-inch diameter hemispheric 

probe is applied to the product with a 

certain force. The proposed requirement 

and test method address the suffocation 

hazard when a nursing pillow conforms 

to an infant’s face, and are based on the 

firmness recommendations in the BSU 

Final Report.11 However, the BSU 

researchers’ recommended requirements 

were applied not only to the top infant 

support surface, but also to the inner 

wall of the crescent-like opening of 

these products. Testing is performed at 

three locations on each of these two 

surfaces. 

• Occupant Containment: This 

requirement applies a 9-inch diameter 

head probe to the opening of an infant 

feeding support; when moved laterally 

through this opening, the probe must 

not contact the side walls of the 

product. The requirement is intended to 

reduce the potential for an infant’s head 

to become entrapped within this 

opening. This requirement also is 

intended to reduce the extent to which 

these products are used for infant 

propping or lounging, by limiting the 

amount of lateral support available to 

young infants if they were placed within 

the opening. 

The ASTM draft standard also 

includes marking, labeling, and 

instructional literature requirements. 

These include requirements for 

warnings that must appear on nursing 

pillows and other infant feeding 

supports covered by the standard. 

Figure 1 illustrates the ASTM draft 

standard’s required warning statements 

that must appear on all nursing pillows: 

The ASTM draft standard requires the 

warnings to be ‘‘permanent’’ and 

‘‘conspicuous,’’ which the draft 

standard defines as a ‘‘label that is 

visible, when the infant feeding support 

is in a manufacturer’s recommended use 

position, to a person sitting near the 

infant feeding support at any position 

around the infant feeding support.’’ 

The draft voluntary standard also 

includes requirements for package 

warnings against using nursing pillows 

for sleep or in sleep products, and to 

state the manufacturer’s recommended 

weight, height, age, developmental 

level, or combination thereof, of the 

infant. In addition, the package cannot 

include warnings, statements, or 

graphics that indicate or imply that the 

infant may be left in the product 

without an adult caregiver in 

attendance. 

Lastly, ASTM’s draft voluntary 

standard includes requirements for 

instructional literature to accompany 

products covered by the standard. In 

addition to the warnings on the product, 

there must be instructions to consumers 

to: (1) read all instructions before using 

the product; (2) keep the instructions for 

future use; and (3) not use the product 

if it is damaged or broken. The 

instructions also must indicate the 

manufacturer’s recommended maximum 

weight, height, age, developmental 

level, or combination thereof, of the 

infant. If the product is not intended for 

use by a child for a specific reason (e.g., 

a disability that would prevent safe use 

of the product), the instructions must 

state this limitation. 

VI. Description of the Proposed 

Mandatory Standard for Nursing 

Pillows 15

To address established risks of death 

and injury associated with infant 

suffocations, entrapments, and falls, and 

as required in section 104 of the CPSIA, 

the Commission is issuing this proposed 

rule to establish mandatory performance 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.013</GPH>
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65873 

16 Incorporated by reference in 16 CFR part 1250, 

Safety Standard Mandating ASTM F963 for Toys. 

and labeling requirements for nursing 

pillows. The proposed rule addresses: 

(1) suffocation hazards associated 

with nursing pillows, by requiring 

nursing pillows to be sufficiently firm 

so that the product is unlikely to 

conform to an infant’s face and occlude 

its airways; 

(2) entrapment hazards posed when 

the product restricts an infant’s head 

movements, via performance standards 

requiring testing to assess this hazard; 

(3) suffocation and fall risks due to 

infant restraints that could suggest that 

infants can safely be left unattended in 

the product; and 

(4) the risks of suffocation, 

entrapment, or fall when an infant is left 

unattended in the product by requiring 

labeling and instructional literature to 

better communicate risks. 

The text of the proposed rule is based 

on an evaluation of the nursing pillow 

market, the existing Infant Pillow Ban 

and its associated exemption, the ASTM 

draft standard for infant feeding 

supports that is under development, and 

the recommendations of the BSU Final 

Report. The proposed rule would apply 

to all nursing pillows, as defined below. 

The proposed rule is summarized below 

and explained in more detail in Tabs B 

and C of Staff’s NPR Briefing Package. 

A. Scope 

Section 1242.2 of the proposed rule 

defines ‘‘nursing pillow’’ as: 

Any product intended, marketed, or 

designed to position and support an 

infant close to a caregiver’s body while 

breastfeeding or bottle feeding. These 

products rest upon, wrap around, or are 

worn by a caregiver in a seated or 

reclined position. 

The definition of ‘‘nursing pillow’’ 

excludes maternity pillows, also known 

as pregnancy pillows, which staff 

defines as ‘‘a large body pillow 

intended, marketed, and designed to 

provide support to a pregnant adult’s 

body during sleep or while lying 

down,’’ and sling carriers, as defined in 

16 CFR part 1228, which are already 

required to meet CPSC’s sling carrier 

safety standard. 

This definition is intended to 

encompass all nursing pillows on the 

market and within the available 

incident data, while excluding products 

that are not intended primarily for 

nursing (maternity pillows) or that 

might be used for nursing but whose 

hazards are already addressed by 

another standard (sling carriers). This 

definition is similar to the definition 

developed by the ASTM infant feeding 

supports subcommittee for the ASTM 

draft standard. The proposed rule, 

however, does not include additional 

language used in the ASTM draft 

standard’s definition of ‘‘infant feeding 

support,’’ which states that these 

products are commonly U-Shaped in 

appearance. That language is not needed 

because all products that meet the 

definition in the proposed rule are 

subject to the same hazards and should 

be considered within the scope of the 

proposed rule regardless of the details of 

their shape. 

B. General Requirements 

The proposed rule includes many of 

the general requirements included in 

the ASTM draft standard for infant 

feeding supports to address the 

potential hazards associated with lead 

in paints; small parts; sharp edges or 

points; toy accessories that are attached 

to, removable from, or sold with the 

nursing pillow; and the removal of 

protective components. However, the 

requirement in the ASTM draft standard 

to prevent the removal of protective 

components has been augmented in the 

proposed rule to include other possibly 

detachable components that are present, 

such as zipper pulls and buttons. If 

detached, these components can expose 

the infant to hazards such as sharp 

points, sharp edges, and choking 

hazards. 

The proposed rule also includes the 

warning permanency requirements in 

the ASTM draft standard, with an 

additional permanency requirement for 

‘‘free-hanging’’ labels that attach to the 

product at only one end and are 

particularly susceptible to attempts at 

removal or alteration by consumers. 

Section 1242.3(e)(4) of the proposed 

rule includes the following warning 

permanency requirement: 

Warning labels that are attached to the 

fabric of nursing pillows with seams 

shall remain in contact with the fabric 

around the entire perimeter of the label, 

when the product is in all manufacturerrecommended use positions, when 

tested in accordance with [reference to 

existing test method for assessing 

permanency of warning labels attached 

with seams]. 

C. Proposed Performance Requirements 

1. Infant Restraints 

To address a potential entanglement 

hazard, the proposed rule prohibits 

nursing pillows from including an 

infant restraint system. The draft ASTM 

voluntary standard for infant feeding 

supports includes a similar requirement. 

Proper use of a nursing pillow involves 

actively attending to the infant during 

use, and the presence of restraints could 

suggest to consumers that infants 

properly can be left unattended on the 

product. 

2. Seam Strength 

Under the proposed rule nursing 

pillow seams would be subject to a 

tension test similar to that applied to 

toys intended for children up to 18 

months old under ASTM F963, 

Standard Consumer Safety 

Specification for Toy Safety (the toy 

standard),16 but tested at a higher 

tension force of 15 pounds rather than 

10 pounds, because nursing pillows 

may be used for multiple children or 

passed on to other caregivers, meaning 

these products would be subject to 

stress over a usable life that can span 

more than a single infant’s use. CPSC is 

aware of one injury associated with 

seam failures, where an infant 

reportedly choked on filling that came 

out of the product, and has received 

additional reports of nonfatal incidents 

involving product integrity issues such 

as seam failures See Staff’s NPR Briefing 

Package at Tab A. The seam strength 

requirement and test method in the 

proposed rule would address such 

incidents. 

3. Caregiver Attachments 

To address the potential for infant 

falls if the buckled belts, straps, or other 

features intended to secure the product 

to the caregiver fails, the proposed rule 

includes a requirement and test method 

for the strength of caregiver 

attachments. Specifically, the proposed 

rule would require that each element of 

the caregiver attachment system (e.g., 

strap or buckle) that is included on 

nursing pillows be required to 

withstand a static load equal to the 

recommended weight limit of the 

product, or 20 pounds, whichever is 

greater. 

4. Firmness 

The proposed rule includes a firmness 

requirement that applies to each nursing 

pillow’s infant support surface, as well 

as the inner wall of the nursing pillow 

opening (e.g., within the crescent-like 

opening). As explained in Tab B of 

Staff’s NPR Package, the proposed 

firmness requirement and test method is 

based on the recommendations of the 

BSU Final Report, with modifications 

including the addition of a requirement 

to test the inner wall of the opening. 

The test applies a 3-inch diameter 

hemispheric probe, which is similar in 

size and shape to an infant’s face, to 

three test locations on each surface. To 

meet the firmness requirement, the force 


lotter on DSK11XQN23PROD with PROPOSALS1
65874 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

required to displace the probe 1 inch 

into each test location must exceed 10 

N (about 2.25 pounds), which results in 

product firmness that is comparable to 

crib mattresses. The diagrams in Figure 

2, below, illustrate the firmness test 

being applied to the two surfaces of a 

nursing pillow. This requirement is 

intended to reduce the likelihood that 

the infant support surface or the interior 

opening of the nursing pillow can 

conform to an infant’s face and suffocate 

the child. 

ASTM’s draft voluntary standard 

includes a firmness requirement similar 

to the firmness requirement in the 

proposed rule, including for the inner 

wall of the nursing pillow opening. 

5. Infant Containment 

The proposed rule requires nursing 

pillow openings to be of a size that is 

more appropriate for an adult user, 

rather than an infant, and limits the 

amount of lateral support for young 

infants who might be placed within the 

nursing pillow opening. This 

requirement also reduces the potential 

for an infant’s head to become 

entrapped in the nursing pillow’s 

opening or for the product to restrict a 

young infant’s head movements, should 

the infant find themselves in the 

opening. 

As shown in Figure 3, a 9-inch probe 

is used to ensure that the product 

opening is wider than the probe and 

that the probe can be moved outward 

from inside the nursing pillow without 

contacting its surface. 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.024</GPH> EP26SE23.014</GPH>
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65875 

Tab B in Staff’s NPR Briefing Package 

contains a detailed description of this 

proposed testing method. The 

requirement in the proposed rule is 

similar to the requirement that appears 

in the ASTM draft standard for infant 

feeding supports. The proposed rule, 

however, includes an additional 

requirement that the nursing pillow 

cannot extend beyond the opposite end 

of the probe, and also requires testing to 

be performed both with and without any 

caregiver attachments secured, as shown 

in Figure 4, below. 

D. Performance Requirements 

Considered But Not Proposed 

1. Airflow Requirement 

The BSU Final Report recommends 

that nursing pillows that do not pass 

firmness testing be required to pass an 

airflow test that would demonstrate the 

product has airflow characteristics 

comparable to mesh crib liners, which 

the authors concluded would mitigate 

the suffocation hazard. However, the 

report also stated that airflow testing is 

not needed for a product that passes the 

proposed firmness testing, because a 

firm product is unlikely to form a seal 

around an infant’s nose and mouth. BSU 

Final Report at 49–63. Because the 

proposed rule would require that all 

nursing pillows meet firmness testing 

that is at least as stringent as that 

recommended in the BSU Final Report, 

an airflow requirement for nursing 

pillows is unnecessary. 

2. Angular Requirement 

The BSU Final Report assessed that 

nursing pillows that are firm and feature 

sharper corners, rather than cylindrical 

sides, might be safer for infants because 

there would be no reasonable way for 

consumers to use such a product as an 

infant support cushion. The proposed 

rule does not include an angular 

requirement, however, because of 

uncertainties surrounding what would 

be appropriate pass-fail criteria and the 

potential for such a requirement to 

increase the risk of positional asphyxia 

by neck hyperflexion or hyperextension 

if the nursing pillow is used as a 

support cushion for lounging. See Staff 

NPR Briefing Package at 21–22 and Tab 

C at 66–67. 

The Commission invites public 

comments on this issue. Specifically, 

the Commission is interested in 

information on the potential 

effectiveness of an angular requirement, 

including what pass-fail criteria would 

effectively discourage use of a nursing 

pillow for infant lounging; the potential 

risks associated with such a 

requirement; and whether an alternative 

requirement could better discourage 

consumers from using nursing pillows 

for infant lounging without concurrently 

increasing risks if the product is used in 

that manner. 

E. Warning and Instructional 

Requirements 

Compared to the performance 

requirements described above, warnings 

are likely to be less effective in 

eliminating or adequately reducing 

exposure to nursing pillow hazards. 

Nevertheless, prominent and welldesigned warnings can be a secondary 

safety mechanism that provides 

consumers important information about 

the hazards associated with these 

products and appropriate behaviors to 

avoid the hazards. Thus, the proposed 

rule includes requirements for onproduct warnings that address the 

primary hazards associated with nursing 

pillows, with particular emphasis on the 

potentially deadly consequences of 

using these products for naps or sleep. 

The proposed rule includes warning 

content and format requirements that 

are similar to those in the ASTM draft 

standard, with minor changes for clarity 

and internal consistency. Figure 5 

shows the warning statements and 

format that would be required on all 

nursing pillows: 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.015</GPH>
65876 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

The ASTM draft standard requires the 

warning to be ‘‘conspicuous,’’ which the 

ASTM draft standard defines as a ‘‘label 

that is visible, when the infant feeding 

support is in a manufacturer’s 

recommended use position, to a person 

sitting near the infant feeding support at 

any position around the infant feeding 

support.’’ The proposed rule does not 

rely on this definition, because it would 

allow the warning to be placed on a side 

of the product that is not visible to the 

caregiver who is using the product (e.g., 

the side opposite the crescent-like 

opening). Instead, the proposed rule 

defines ‘‘conspicuous’’ as ‘‘visible, 

when the nursing pillow is in each 

manufacturer’s recommended use 

position, to a person while placing an 

infant into or onto the nursing pillow.’’ 

More specifically, the proposed rule 

incorporates by reference the following 

provisions of the ANSI warning format 

requirements published in ANSI Z535.4, 

Product Safety Signs and Labels (ANSI 

Z535.4): sections 6.1–6.4, which include 

requirements related to safety alert 

symbol use, signal word selection, and 

warning panel format, arrangement, and 

shape; sections 7.2–7.6.3, which include 

color requirements for each panel; and 

section 8.1, which addresses letter style. 

See Staff’s NPR Briefing Package, 72–73. 

The ASTM draft standard also 

requires the warnings to be 

‘‘permanent’’ and includes warning 

permanence requirements among the 

General Requirements for infant feeding 

supports. As discussed in Part VI.B. 

above, the proposed rule includes an 

additional permanence requirement to 

further reduce the potential for the 

warnings to be torn, ripped, or cut off. 

In addition to on-product warnings, 

the ASTM draft standard includes basic 

warning requirements for the packaging 

that accompanies nursing pillows, 

largely based on the ASTM Ad Hoc 

Language task group’s recommended 

requirements for package warnings. The 

requirements in the ASTM draft 

standard include warning statements 

about not using the product for sleep or 

in sleep products such as cribs, 

bassinets, or play yards; information 

about the manufacturer’s recommended 

weight, height, age, or developmental 

stage; and a prohibition against other 

warnings, statements, or graphics that 

indicate or imply that an infant can be 

left in the product without an adult 

caregiver present. The package warnings 

also are required to have formatting 

similar to the on-product warnings. The 

proposed rule includes these 

requirements. The ASTM draft standard 

for infant feeding supports includes 

requirements for instructional literature 

to accompany nursing pillows, 

including requirements for the 

instructions to include all on-product 

warnings and to instruct consumers to 

read all instructions before using the 

product, to keep the instructions for 

future use, and not to use the product 

if it is damaged or broken. Like the 

package requirements, the instructions 

must provide information about the 

manufacturer’s recommended weight, 

height, age, or developmental stage, at a 

minimum. These requirements are 

based on meetings of the ASTM Infant 

Feeding Supports Warnings task group 

and on the recommended requirements 

for instructional literature by the ASTM 

Ad Hoc Language task group. The 

proposed rule includes these 

instructional literature requirements. 

VII. Proposed Amendment to 16 CFR 

Part 1112 To Include NOR for Nursing 

Pillows 

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). Certification of children’s 

products subject to a children’s product 

safety rule must be based on testing 

conducted by a CPSC-accepted third 

party conformity assessment body. 15 

U.S.C. 2063(a)(2). The Commission must 

publish an NOR for the accreditation of 

third party conformity assessment 

bodies to assess conformity with a 

children’s product safety rule to which 

a children’s product is subject. 15 U.S.C. 

2063(a)(3). The proposed standard for 

nursing pillows would be a children’s 

product safety rule that requires the 

issuance of an NOR. 

The Commission published a final 

rule, Requirements Pertaining to Third 

Party Conformity Assessment Bodies, 78 

FR 15836, which is codified at 16 CFR 

part 1112. Part 1112 became effective on 

June 10, 2013, and establishes 

requirements for accreditation of thirdVerDate Sep<11>2014 15:49 Sep 25, 2023 Jkt 259001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\26SEP1.SGM 26SEP1

lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.016</GPH>
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65877 

party conformity assessment bodies (or 

laboratories) to test for conformance 

with a children’s product safety rule in 

accordance with section 14(a)(2) of the 

CPSA. Part 1112 also lists the NORs that 

the CPSC has published. Accordingly, 

the Commission proposes to amend part 

1112 to include the Safety Standard for 

Nursing Pillows in the list of other 

children’s product safety rules for 

which the CPSC has issued NORs. 

Laboratories applying for acceptance 

as a CPSC-accepted third party 

conformity assessment body to test to 

the new standard 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 the Safety Standard for Nursing 

Pillows included in its scope of 

accreditation as reflected on the CPSC 

website at: www.cpsc.gov/labsearch. 

VIII. Product Registration Rule 

Amendment 

In addition to requiring the 

Commission to issue safety standards 

for durable infant or toddler products, 

section 104 of the CPSIA also directed 

the Commission to issue a rule requiring 

that manufacturers of durable infant or 

toddler products establish a program for 

consumer registration of those products. 

15 U.S.C. 2056a(d). Section 104(f) of the 

CPSIA defines the term ‘‘durable infant 

or toddler product’’ as ‘‘a durable 

product intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years,’’ and 

lists 12 distinct product categories. 15 

U.S.C. 2056a(f). The product categories 

listed in section 104(f)(2) of the CPSIA 

represent a non-exhaustive list of 

durable infant or toddler product 

categories. Nursing pillows are not 

included in the statutory list of durable 

infant or toddler products. 

In 2009, the Commission issued a rule 

implementing the consumer registration 

requirement. 74 FR 68668 (Dec. 29, 

2009) (establishing 16 CFR part 1130). 

As the CPSIA directs, the consumer 

registration rule requires each 

manufacturer of a durable infant or 

toddler product to provide a postagepaid consumer registration form with 

each product; keep records of 

consumers who register their products 

with the manufacturer; and permanently 

place the manufacturer’s name and 

certain other identifying information on 

the product. 

When issuing the consumer 

registration rule, the Commission 

identified six additional products as 

durable infant or toddler products: 

children’s folding chairs; changing 

tables; infant bouncers; infant bathtubs; 

bed rails; and infant slings. Id. at 68669. 

The Commission explained that the 

specified statutory categories were not 

exclusive, and that the Commission is 

charged with identifying the product 

categories that are covered. ‘‘Because 

the statute has a broad definition of a 

durable infant or toddler product but 

also includes 12 specific product 

categories,’’ the Commission noted, 

‘‘additional items can and should be 

included in the definition, but should 

also be specifically listed in the rule.’’ 

Id. at 68670. 

The Commission proposes in this 

NPR to amend part 1130 to include 

‘‘Nursing pillows,’’ as defined, as 

durable infant or toddler products. The 

Commission tentatively finds that 

nursing pillows are a category of 

‘‘durable infant or toddler product’’ for 

purposes of CPSIA section 104 because 

they: (1) are intended for use, and may 

be reasonably expected to be used, by 

children under the age of 5 years; (2) are 

products similar to the other feeding 

support products listed in section 

104(f)(2), such as high chairs, booster 

chairs, and hook-on chairs; and (3) are 

commonly available for resale or 

‘‘handed down’’ for use by other 

children over a period of years. 

IX. Incorporation by Reference 

Section 1242.8 of the proposed rule 

incorporates by reference American 

National Standards Institute (ANSI) 

Z535.4–2011, American National 

Standard for Product Safety Signs and 

Labels, sections 6.1–6.4, 7.2–7.6.3, and 

8.1, with modifications to further reduce 

the risk of injury associated with 

nursing pillows. In accordance with 

regulations of the Office of the Federal 

Register (OFR), 1 CFR part 51, section 

VI.E of this preamble summarizes the 

provisions of ANSI Z535.4–2011 that 

the Commission proposes to incorporate 

by reference. The ANSI standard is 

reasonably available to interested 

parties in several ways. By permission 

of ANSI, the standard can be viewed as 

a read-only document during the 

comment period on this NPR, at: https:// 

www.surveymonkey.com/r/DQVJYMK. 

To download or print the standard, 

interested persons may purchase a copy 

of ANSI Z535.4–2011 from ANSI via its 

website, https://www.ansi.org, or by 

mail from ANSI, 25 West 43rd Street, 

4th Floor, New York, NY 10036, USA, 

telephone: (212) 642–4900. 

Alternatively, interested parties may 

inspect a copy of the standard at CPSC’s 

Office of the Secretary by contacting 

Alberta E. Mills, Commission Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479; email: cpsc-os@cpsc.gov. 

X. Effective Date 

The Administrative Procedure Act 

(APA) generally requires that the 

effective date of a rule be at least 30 

days after publication of the final rule. 

5 U.S.C. 553(d). The Commission 

proposes an effective date of 180 days 

after publication of the final rule in the 

Federal Register, such that the 

requirements of the rule would apply to 

all nursing pillows manufactured after 

that date. This amount of time is typical 

for rules issued under section 104 of the 

CPSIA. Six months is also the period 

that JPMA typically allows for products 

in their certification program to shift to 

a new standard once that new standard 

is published. Therefore, juvenile 

product manufacturers are accustomed 

to adjusting to new standards within 

this time. A 180-day effective date 

should also be sufficient for 

manufacturers to comply with this rule 

because the proposed requirements do 

not demand significant preparation by 

testing laboratories. For example, no 

new complex testing instruments or 

devices would be required to test 

nursing pillows for compliance to the 

proposed rule. The Commission invites 

comments, particularly from small 

businesses, that provide specific data 

addressing whether the proposed 180- 

day effective date period is appropriate. 

XI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA); 

5 U.S.C. 601–612, requires that agencies 

review a proposed rule’s potential 

economic impact on small entities, 

including small businesses. Section 603 

of the RFA generally requires that 

agencies make an initial regulatory 

flexibility analysis (IRFA) available to 

the public for comment when the NPR 

is published. The IRFA must describe 

the impact of the proposed rule on small 

entities and identify significant 

alternatives that accomplish the 

statutory objectives and minimize any 

significant economic impact of the 

proposed rule on small entities. CPSC 

Staff prepared an IRFA for this 

rulemaking that appears at Tab E of the 

Staff’s NPR Briefing Package. We 

summarize the IRFA below. 

A. Reasons and Legal Basis for the NPR 

Section I of this preamble describes 

the reasons and legal basis for this NPR. 

As discussed in sections VI–VIII of this 

preamble, and detailed in Tab B of 

Staff’s NPR Briefing Package, the 

proposed rule sets out mandatory 

requirements for nursing pillows to 


lotter on DSK11XQN23PROD with PROPOSALS1
65878 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

address the suffocation, entrapment, 

fall, and other hazards associated with 

these products, adds nursing pillows to 

the list of products for which a 

registration card is required, and adds 

nursing pillows to the list of durable 

infant products for which an NOR is 

required.’’ 

B. Small Entities to Which the Proposed 

Rule Would Apply 

As explained in Tab E to Staff’s NPR 

Briefing Package, Commission staff has 

identified 22 small U.S. manufacturers, 

6 small U.S. importers, and more than 

500 U.S. non-employer businesses that 

would be impacted by the proposed 

NPR in the United States. The majority 

of nursing pillow suppliers to the U.S. 

market are small U.S. manufacturers, 

importers, or non-employee businesses. 

C. Impact of the Proposed Rule on Small 

Manufacturers and Importers 

This proposed rule would likely have 

a significant impact on a substantial 

number of these small entities, based on 

the estimated costs of modifying nursing 

pillows to achieve compliance, and the 

ongoing cost of testing to demonstrate 

compliance. The Commission considers 

one percent of annual revenue to be a 

‘‘significant’’ economic impact on a 

company, consistent with regulatory 

flexibility analyses used by other federal 

government agencies. 

1. Costs Associated With Modifying 

Products 

Most in-scope products on the market 

will require redesign to meet the 

requirements in the proposed rule, and 

redesign costs would be potentially 

significant for a substantial number of 

small firms for the first year that a rule 

is effective. With an estimated 1,000 

models to be redesigned, the total cost 

of redesign to the industry in the first 

year could be as high as $13.5 million. 

The cost of redesign is likely to be 

significant for a substantial number of 

small U.S. firms, particularly small 

home crafters. 

2. Third Party Testing Costs 

If issued, a final rule would require all 

manufacturers and importers of nursing 

pillows to meet additional third-party 

testing requirements under section 14 of 

the CPSA. As specified in 16 CFR part 

1109, though, entities that are not 

manufacturers of children’s products, 

such as importers and wholesalers, may 

rely on the certificate of compliance 

provided by others. Further, 

manufacturers would pass on at least 

some of the cost of testing for 

compliance to importers and 

wholesalers. 

Third party testing costs for nursing 

pillows under the proposed rule are 

estimated at $500 to $1,000 per model. 

The annual cost of samples for testing 

is estimated at around $150, bringing 

the overall annual cost to an estimated 

$650 to $1,150 per model. However, 

some small volume suppliers would 

likely be able to raise retail prices to 

cover at least some of their testing costs. 

For example, a hand crafter selling 200 

nursing pillows a year could cover the 

entire testing cost by raising the price by 

$3.25, while a smaller supplier could 

cover at least some of their costs with 

a modest price increase. 

3. Summary of Impacts 

The best-selling nursing pillows are 

from companies that have sufficient 

sales volume to spread the cost of 

compliance over thousands of units and 

are unlikely to exit the market. It is 

likely that the products currently in 

stores, and the best-selling online-only 

products, would still be available, with 

modest redesigns. However, there may 

be some loss in sales of specific 

products if the redesigned products are 

less appealing to consumers. 

The redesign could increase 

wholesale or retail prices by a few 

dollars, but likely not a significant 

amount, given that the materials and 

production methods are likely to remain 

roughly similar. Warning labels, 

registration forms, and instruction 

manuals could add up to $1 to the cost 

of the product. If companies decide to 

pass the ongoing cost of testing onto 

consumers, the additional retail price 

increase of perhaps $1, added to the 

additional $1 cost of the warning labels 

and instruction manuals, would total 

$2, or 4 percent of the price of a $50 

item. 

D. Other Federal Rules That May 

Duplicate, Overlap, or Conflict With the 

Proposed Rule 

CPSC has not identified any other 

federal rules that duplicate, overlap, or 

conflict with the proposed rule. 

E. Alternatives Considered To Reduce 

the Impact on Small Entities 

The Commission considered the 

following alternatives to the proposed 

rule to reduce the impact on small 

businesses. The Commission requests 

comments on these alternatives or other 

alternatives that could reduce the 

potential burden on small entities. 

1. Not Establishing a Safety Standard 

The Commission considered not 

establishing a safety standard for 

nursing pillows. While this alternative 

would result in no regulatory impact on 

small businesses, deaths and injuries 

from the use of nursing pillows would 

likely continue to occur at similar rates 

as those observed during the 2010–2022 

time period. As discussed earlier, CPSC 

observed 88 nonfatal incidents and 154 

fatalities during this time period. In 

2020 alone—the most recent year for 

which there is complete data—there 

were 38 fatalities and 14 injuries from 

nursing pillows. 

2. Delay To Await Publication of a 

Voluntary Standard 

The Commission considered delaying 

the draft proposed rule to allow possible 

publication of a voluntary standard. 

Although this alternative would delay 

any impact on small businesses, it 

would also allow the hazard to continue 

indefinitely, as there is no clear date at 

which ASTM or any other voluntary 

standards organization will adopt a 

relevant standard; nor any assurance 

that a voluntary standard, if published, 

would be complied with or adequately 

address the identified hazards. 

3. ‘‘Angular’’ Performance Requirement 

The Commission considered 

including in the proposed safety 

standard an ‘‘angular’’ performance 

requirement based upon the BSU Final 

Report’s suggestion that nursing pillows 

that are firm and feature sharper corners 

are likely safer for babies because there 

is no reasonable way to use these 

products for lounging. However, as the 

BSU Final Report notes, its 

recommendation on that point is 

preliminary and the Commission is 

seeking comment from the public on 

this point. 

4. Earlier Effective Date 

The Commission is proposing an 

effective date 180 days after publication 

of the final rule in the Federal Register. 

180 days has generally been sufficient 

time for suppliers to come into 

compliance with durable infant or 

toddler product rules. Additionally, six 

months from the change in a voluntary 

standard is the period that JPMA uses 

for its certification program, so 

compliant manufacturers are used to 

this time frame to comply with a 

modified standard. Testing laboratories 

should have no difficulty preparing to 

test to the proposed new mandatory 

standards within a 180-day period. 

The Commission considered adopting 

an earlier effective date to achieve the 

safety benefits of the rule more quickly, 

but a shorter period would increase the 

burden on small businesses to quickly 

redesign and test their products. In 

addition, a significantly earlier effective 

date could result in temporary shortages 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65879 

17Although Commission staff estimate the total 

number of nursing pillow suppliers to the United 

States to be more than 1,000, staff anticipates that 

only a portion of those suppliers will respond to the 

collection each year based on when they introduce 

new product models or redesign previous models. 

of nursing pillows due to a lack of 

availability of testing laboratory 

resources. 

F. Impact on Testing Labs 

Section 14 of the CPSC requires that 

all products that are subject to a 

children’s product safety rule must be 

tested by a third party conformity 

assessment body that has been 

accredited by CPSC. One of the roles of 

these third party conformity assessment 

bodies is to test products for compliance 

with applicable children’s product 

safety rules. Testing laboratories that 

want to conduct testing must meet the 

NOR for third-party conformity testing. 

See 16 CFR part 1112. 

The Commission does not expect a 

significant adverse impact on any 

testing laboratories as a result of this 

rule. Laboratories will not need to 

acquire complex or costly testing 

instruments or devices to test nursing 

pillows for compliance, and laboratories 

will decide for themselves whether to 

offer testing services for nursing pillow 

compliance. 

XII. Environmental Considerations 

Certain categories of CPSC actions 

normally have ‘‘little or no potential for 

affecting the human environment’’ and 

therefore do not require an 

environmental assessment or an 

environmental impact statement. Safety 

standards providing requirements for 

consumer products come under this 

categorical exclusion. 16 CFR 

1021.5(c)(1). The proposed rule for 

nursing pillows falls within the 

categorical exclusion. 

XIII. Paperwork Reduction Act 

This proposed rule for nursing 

pillows 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 

(PRA; 44 U.S.C. 3501–3521). In this 

document, pursuant to 44 U.S.C. 

3507(a)(1)(D), we set forth: 

• a title for the collection of 

information; 

• a summary of the collection of 

information; 

• a brief description of the need for 

the information and the proposed use of 

the information; 

• a description of the likely 

respondents and proposed frequency of 

response to the collection of 

information; 

• an estimate of the burden that shall 

result from the collection of 

information; and 

• notice that comments may be 

submitted to the OMB. 

Title: Safety Standard for Nursing 

Pillows. 

Description: The proposed rule would 

require each nursing pillow within the 

scope of the rule to meet the rule’s new 

performance and labeling requirements. 

It would require suppliers to conduct 

third party testing to demonstrate 

compliance and provide the specified 

warning label and instructions. These 

requirements fall within the definition 

of a ‘‘collection of information,’’ as 

defined in 44 U.S.C. 3502(3). 

Description of Respondents: Persons 

who manufacture or import nursing 

pillows. 

Estimated Burden: We estimate the 

burden of this collection of information 

as follows: 

TABLE 7—ESTIMATED ANNUAL REPORTING BURDEN

Burden type Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

Labeling and instructions ..................................................... 844 1 844 2 1,688 

While some products currently have 

labels, all products would have to meet 

the specific labeling requirements and 

instructions specified in the proposed 

rule, which provides the text and 

graphics for the required labels and 

instructions. Specialized expertise in 

graphics design would not be required 

to develop the warnings and 

instructions. Most reporting and 

recordkeeping requirements in this 

proposed rule would be new for all 

suppliers. 

CPSC estimates there are 844 entities 

that would respond to this collection 

annually.17 We estimate that the time 

required to create and modify labeling 

and instructions is about 2 hours per 

response. Therefore, the estimated 

burden associated with this collection is 

844 responses × 1 response per year × 

2 hours per response = 1,688 hours 

annually. 

We estimate the hourly compensation 

for the time required to respond to the 

collection is $37.41 (U.S. Bureau of 

Labor Statistics, ‘‘Employer Costs for 

Employee Compensation,’’ March 2023, 

Table 4, total compensation for all sales 

and office workers in goods-producing 

private industries: https://www.bls.gov/ 

news.release/archives/ecec_

06162023.pdf). Therefore, the estimated 

annual labor cost of the collection is 

$63,148 ($37.41 per hour × 1,688 hours 

= $63,148.08). 

Based on this analysis, the proposed 

standard for nursing pillows would 

impose an additional burden to industry 

of 1,688 hours at a cost of $63,148. 

Comments. CPSC has submitted the 

information collection requirements of 

this proposed rule to OMB for review in 

accordance with PRA requirements. 44 

U.S.C. 3507(d). CPSC requests that 

interested parties submit comments 

regarding information collection to the 

Office of Information and Regulatory 

Affairs, OMB (see the ADDRESSES section 

at the beginning of this NPR). Pursuant 

to 44 U.S.C. 3506(c)(2)(A), the 

Commission invites comments on: 

D whether the collection of 

information is necessary for the proper 

performance of the CPSC’s functions, 

including whether the information will 

have practical utility; 

D the accuracy of the CPSC’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

D ways to enhance the quality, utility, 

and clarity of the information to be 

collected; 

D ways to reduce the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques, when 

appropriate, and other forms of 

information technology; and 

D the estimated burden hours 

associated with label modification, 

including any alternative estimates. 

XIV. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides that when 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 standard 


lotter on DSK11XQN23PROD with PROPOSALS1
65880 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

or regulation that prescribes 

requirements for the performance, 

composition, contents, design, finish, 

construction, packaging, or labeling of 

such product 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.’’ Therefore, if 

finalized, the preemption provision of 

section 26(a) of the CPSA would apply 

to this rule for nursing pillows. 

XV. Request for Comments 

The Commission seeks public 

comment on all aspects of the proposed 

rule. In particular, however, the 

Commission seeks comment on the 

potential effectiveness of an angular 

requirement not included in the 

proposed rule; including what pass-fail 

criteria would effectively discourage the 

use of nursing pillows for lounging, the 

potential risks associated with such a 

requirement, and whether an alternative 

requirement could assist in discouraging 

consumers from using nursing pillows 

for infant lounging without increasing 

risks to those infants whose caregivers 

still choose to use the product this way. 

The Commission also specifically 

requests comments on the proposed 

effective date and the costs of 

compliance with, and testing to, the 

proposed Safety Standard for Nursing 

Pillows. 

Comments should be submitted in 

accordance with the instructions in the 

ADDRESSES section at the beginning of 

this notice. 

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 1130 

Administrative practice and 

procedure, Business and industry, 

Consumer protection, Reporting and 

recordkeeping requirements. 

16 CFR Part 1242 

Consumer protection, Imports, 

Incorporation by reference, Infants and 

children, Labeling, Law enforcement, 

Nursing, Pillows, and Toys. 

For the reasons discussed in the 

preamble, the Commission proposes to 

amend Title 16 of the Code of Federal 

Regulations as follows: 

PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

■ 1. The authority citation for part 1112 

continues to read as follows: 

Authority: Pub. L. 110–314, section 3, 122 

Stat. 3016, 3017 (2008); 15 U.S.C. 2063. 

■ 2. Amend § 1112.15 by adding 

paragraph (b)(56) to read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

or test method? 

* * * * * 

(b) * * * 

(56) 16 CFR part 1242, Safety 

Standard for Nursing Pillows. 

* * * * * 

■ 3. The authority citation for part 1130 

continues to read as follows: 

Authority: 15 U.S.C. 2056a, 2065(b). 

■ 4. Amend § 1130.2 by adding 

paragraph (a)(19) to read as follows: 

PART 1130—REQUIREMENTS FOR 

CONSUMER REGISTRATION OF 

DURABLE INFANT OR TODDLER 

PRODUCTS 

§ 1130.2 Definitions. 

* * * * * 

(a) * * * 

(19) Nursing pillows. 

* * * * * 

■ 5. Add part 1242 to read as follows: 

PART 1242—SAFETY STANDARD FOR 

NURSING PILLOWS 

Sec. 

1242.1 Scope, purpose, application, and 

exemptions. 

1242.2 Definitions. 

1242.3 General requirements. 

1242.4 Performance requirements. 

1242.5 Test methods. 

1242.6 Marking and labeling. 

1242.7 Instructional literature. 

1242.8 Incorporation by reference. 

Authority: 15 U.S.C. 2056a. 

§ 1242.1 Scope, purpose, application, and 

exemptions. 

(a) Scope and Purpose. This part 

1242, a consumer product safety 

standard, prescribes requirements 

intended to reduce the risk of death and 

injury from hazards associated with 

nursing pillows, as defined in § 1242.2. 

(b) Application. Except as provided in 

paragraph (c) of this section, all nursing 

pillows that are manufactured after 

March 25, 2024, are subject to the 

requirements of this part 1242. 

(c) Exemptions. The following 

products are exempt from this part 

1242: (1) Maternity pillows, as defined 

in § 1242.2, and (2) Sling carriers, as 

defined in 16 CFR part 1228. 

§ 1242.2 Definitions. 

Caregiver attachment means a portion 

of the product intended to secure the 

nursing pillow to the caregiver and not 

intended to secure the infant to the 

nursing pillow. A caregiver attachment 

may comprise components including, 

but not limited to, straps, buckles, or 

latches. 

Caregiver opening means the surface 

of the nursing pillow, excluding the 

caregiver attachment, intended to fit 

against the caregiver’s torso during use. 

This surface is typically, but not 

necessarily, crescent-like in shape. 

Conspicuous means visible, when the 

nursing pillow is in each manufacturer’s 

recommended use position, to a person 

while placing an infant into or onto the 

nursing pillow. 

Infant restraint system means a 

portion of a product intended to secure 

or hold an infant in place on the 

product. These typically take the form 

of straps or harnesses that are secured 

by the caregiver. 

Infant support surface means the 

manufacturer’s intended support surface 

for the infant during nursing or feeding. 

Maternity pillow, also known as a 

pregnancy pillow, means a large body 

pillow intended, marketed, and 

designed to provide support to a 

pregnant adult’s body during sleep or 

while lying down. 

Nursing pillow means any product 

intended, marketed, or designed to 

position and support an infant close to 

a caregiver’s body while breastfeeding 

or bottle feeding. These products rest 

upon, wrap around, or are worn by a 

caregiver in a seated or reclined 

position. 

Safety alert symbol means a symbol 

consisting of an exclamation mark 

surrounded by an equilateral triangle, or 

an equilateral triangle with a contrasting 

superimposed exclamation mark. The 

safety alert symbol precedes the signal 

word ‘‘WARNING,’’ or other signal 

word, in the signal word panel of a 

warning. 

§ 1242.3 General requirements. 

(a) Lead in Paints. All paint and 

surface coatings on the product shall 

comply with the requirements of 16 CFR 

part 1303. 

(b) Small Parts. There shall be no 

small parts, as defined in 16 CFR part 

1501, before testing or liberated as a 

result of testing. 

(c) Hazardous Sharp Edges or Points. 

There shall be no hazardous sharp 

points or edges, as defined in 16 CFR 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65881 

1500.48 and 16 CFR 1500.49, before or 

after testing. 

(d) Removal of Components. When 

tested in accordance with § 1242.5(b), 

any removal of components that are 

accessible to an infant while in the 

product or from any position around the 

product shall not present a small part, 

sharp point, or sharp edge as required 

in § 1242.3(b) and § 1242.3(c). 

(e) Permanency of Labels and 

Warnings. (1) Warning labels (whether 

paper or non-paper) shall be permanent 

when tested in accordance with 

§ 1242.5(c)(1) through § 1242.5(c)(3). 

(2) Warning statements applied 

directly onto the surface of the product 

by hot stamping, heat transfer, printing, 

wood burning, etc. shall be permanent 

when tested in accordance with 

§ 1242.5(c)(4). 

(3) Non-paper labels shall not liberate 

small parts when tested in accordance 

with § 1242.5(c)(5). 

(4) Warning labels that are attached to 

the fabric of infant feeding supports 

with seams shall remain in contact with 

the fabric around the entire perimeter of 

the label, when the product is in all 

manufacturer-recommended use 

positions, when tested in accordance 

with § 1242.5(c)(3). 

§ 1242.4 Performance requirements. 

(a) Firmness. When tested in 

accordance with § 1242.5(d), § 1242.5(e) 

and § 1242.5(f), the force required for a 

1.00-in. (2.54 cm) displacement of the 

3-inch (76.2 mm) diameter hemispheric 

probe (Figure 1 to this paragraph (a)— 

3-in. head probe) at any measurement 

location shall be greater than 10.0 N 

(2.24 lb). 

Figure 1 to Paragraph (a)—3-In Head 

Probe 

(b) Infant Containment. When tested 

in accordance with § 1242.5(g), the 

surfaces within the caregiver opening of 

the product shall not contact the 9-inch 

(230 mm) diameter head probe (Figure 

2 to this paragraph (b)—9-in. head 

probe) such that the probe is 

constrained within the caregiver 

opening and, when placed according to 

§ 1242.5(g)(6), the probe must extend 

past the caregiver opening. 

Figure 2 to Paragraph (b)—9-In. Head 

Probe 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.017</GPH>
65882 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

(c) Infant Restraints. Nursing pillows 

shall not include any infant restraint 

system. 

(d) Seam Strength. When tested in 

accordance with § 1242.5(h), fabric/ 

mesh seams and points of attachment 

shall not fail such that a small part, 

sharp point, or sharp edge is presented, 

as required in § 1242.3(b) and 

§ 1242.3(c). 

(e) Caregiver Attachment Strength. 

When tested in accordance with 

§ 1242.5(i), material seams, points of 

attachment, and attachment components 

shall not fail, and shall create no 

hazardous conditions, such as small 

parts or sharp edges, as required in 

§ 1242.3(b) and § 1242.3(c). 

§ 1242.5 Test methods. 

(a) Test Conditions. (1) Condition the 

product for 48 hours at 23 °C +/¥ 2 °C 

(73.4 °F +/¥ 3.6 °F) and a relative 

humidity of 50% +/¥ 5%. 

(2) Secure the firmness fixture to a 

test base such that the 3-in. head probe 

(Figure 1 to § 1242.4(a)) does not deflect 

more than 0.01 in. (0.025 cm) under a 

10 N (2.2 lb) load applied in each 

orientation required in the test methods. 

(b) Removal of Components Test 

Method. (1) For torque and tension tests, 

any suitable device may be used to 

grasp the component, provided that it 

does not interfere with the attachment 

elements that are stressed during the 

tests. 

(2) Torque Test. Gradually apply a 4 

lb-in. (0.4 N-m) torque over 5 seconds 

(s.) in a clockwise rotation to 180 

degrees or until 4 lb-in. has been 

reached. Maintain for 10 s. Release and 

allow component to return to relaxed 

state. Repeat the torque test in a 

counterclockwise rotation. 

(3) Tension Test. For components that 

can reasonably be grasped between 

thumb and forefinger, or teeth, apply a 

15 lb (67 N) force over 5 s., in a 

direction to remove the component. 

Maintain for 10 s. A clamp such as 

shown in Figure 3 to this paragraph 

(b)(3) may be used if the gap between 

the back of the component and the base 

material is 0.04 in. (0.1 cm) or more. 

Figure 3 to Paragraph (b)(3)—Tension 

Test Adapter Clamp 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.018</GPH>
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65883 

(c) Permanency of Labels and 

Warnings. (1) A paper label (excluding 

labels attached by a seam) shall be 

considered permanent if, during an 

attempt to remove it without the aid of 

tools or solvents, it cannot be removed, 

it tears into pieces upon removal, or 

such action damages the surface to 

which it is attached. 

(2) A non-paper label (excluding 

labels attached by a seam) shall be 

considered permanent if, during an 

attempt to remove it without the aid of 

tools or solvents, it cannot be removed 

or such action damages the surface to 

which it is attached. 

(3) A warning label attached by a 

seam shall be considered permanent if 

it does not detach when subjected to a 

15-lbf (67–N) pull force applied in the 

direction most likely to cause failure 

using a 3⁄4-in. (1.9 cm) diameter clamp 

surface. Gradually apply the force 

within a period of 5 s. and maintain for 

an additional 10 s. 

(4) Adhesion Test for Warnings 

Applied Directly onto the Surface of the 

Product: 

(i) Apply the tape test defined in Test 

Method B of Test Method D3359, 

eliminating parallel cuts. 

(ii) Perform this test once in each 

different location where warnings are 

applied. 

(iii) The warning statements will be 

considered permanent if the printing in 

the area tested is still legible and 

attached after being subjected to this 

test. 

(iv) A non-paper label, during an 

attempt to remove it without the aid of 

tools or solvents, shall not fit entirely 

within the small parts cylinder defined 

in 16 CFR part 1501 if it can be 

removed. 

(d) Infant Support Surface Firmness 

Test Method. Perform the following 

steps to determine the infant support 

surface firmness of the product as 

received from the manufacturer. 

(1) Conduct tests at three locations on 

the surface to be tested, with 3 in. (7.62 

cm) or more separation: maximum 

thickness perpendicular to the test 

surface and two other locations most 

likely to fail. 

(2) Lay the product, with the infant 

support surface facing up, on a test base 

that is horizontal, flat, firm, and smooth. 

(3) Prevent movement of the product 

in a manner that does not affect the 

force or deflection measurement of the 

product surface under test. Provide no 

additional support beneath the product. 

(4) Orient the axis of the 3-in. head 

probe (Figure 1 to § 1242.4(a)) 

perpendicular to the test surface and 

aligned with a force gauge and parallel 

to a distance measurement device or 

gauge. 

(5) Using a lead screw or similar 

device to control movement along a 

single direction, advance the probe onto 

the product and set the deflection to 0.0 

in. when a force of 0.1 N (0.02 lb) force 

is reached. 

(6) Continue to advance the head 

probe into the product at a rate not to 

exceed 0.1 inch per second and pause 

when the force exceeds 10.0 N (2.24 lb), 

or the deflection is equal to 1.00 in. 

(2.54 cm). 

(7) Wait 30 s. If the deflection is less 

than 1.00 in. and the force is 10.0 N or 

less, repeat steps § 1242.5(d)(6) and 

§ 1242.5(d)(7)). 

(8) Record the final force and 

deflection amounts. 

(9) Repeat the infant support surface 

firmness tests on any other infant 

support surface and in all manufacturerintended configurations that could 

affect the infant support surface, such as 

the folding or layering of parts of the 

product. 

(e) Inner Wall Firmness Test Method. 

For nursing pillows with a caregiver 

opening, perform the steps in 

§ 1242.5(d)(1) through § 1242.5(d)(8) on 

the inner wall of the caregiver opening, 

and perform the following, to determine 

the inner wall firmness as received from 

the manufacturer. Repeat the inner wall 

firmness tests in all manufacturerintended configurations that could 

affect the inner wall firmness. 

(f) Product Conditioning Firmness 

Test Method. Following the firmness 

testing in § 1242.5(d) and § 1242.5(e), 

perform the following steps to 

determine the product firmness after 

conditioning. 

(1) Launder and dry the product 

according to the manufacturer’s 

instructions. 

(2) Repeat § 1242.5(d) Infant Support 

Surface Firmness Test Method. 

(3) Repeat § 1242.5(e) Inner Wall 

Firmness Test Method. 

(g) Infant Containment Test Method. 

(1) Lay the product, with the infant 

support surface facing up, on a test base 

that is horizontal, flat, firm, and smooth. 

(2) For nursing pillows with a 

caregiver attachment, adjust and latch 

the caregiver attachment to the 

minimum length allowed by the 

product. 

(3) Place the 9-in. head probe (Figure 

2 to § 1242.4(b)) inside the caregiver 

opening such that the flat bottom of the 

probe rests on the test surface and the 

probe’s perimeter contacts the 

innermost surface of the caregiver 

opening. 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.023</GPH>
65884 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

(4) If any inner surfaces of the 

caregiver opening contact the outwardly 

facing portions of the probe, or the inner 

surfaces interfere with placing the probe 

down, the caregiver opening is 

considered to constrain the probe. See 

Figure 4 to this paragraph (g)(4). Do not 

include in the assessment any contact 

with a caregiver attachment. 

Figure 4 to Paragraph (g)(4)—Infant 

Containment, Example 

In § 1242.5(g), the inner walls of the 

nursing pillow, excluding the strap, 

shall not constrain the 9-in. head probe 

in the caregiver opening, such that no 

contact with the outwardly facing 

portion (red arc) of the probe is allowed. 

(5) Unlatch and move any caregiver 

attachment away from the caregiver 

opening. Conduct steps § 1242.5(g)(3) 

and § 1242.5(g)(4) in the procedure. 

(6) With the probe at the position 

contacting the innermost surface within 

the caregiver opening, determine if any 

portion of the probe extends beyond a 

line projected across the outside limits 

of the caregiver opening. 

(7) Slide the probe horizontally out of 

the caregiver opening to the outside of 

the nursing pillow. Determine if the 

probe is constrained by any inner 

surfaces of the caregiver opening 

contacting the outwardly facing portions 

of the probe. Do not include in the 

assessment any contact with a caregiver 

attachment. 

(h) Seam Strength Test Method. (1) 

Equipment. Clamps with 0.75 in. (1.9 

cm) diameter clamping surfaces capable 

of holding fabric and with a means to 

attach a force gauge. Figure 5 to this 

paragraph (h)(1), or equivalent. The 

force gauge must have an accuracy of 

±0.5 lb (1.1 N). 

Figure 5 to Paragraph (h)(1)—Seam 

Clamp 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.019</GPH> EP26SE23.020</GPH>
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65885 

(2) Clamp the fabric of the nursing 

pillow on each side of the seam under 

test with the 0.75 in. clamping surfaces 

placed not less than 0.5 in. (1.2 cm) 

from the seam. 

(3) Apply a tension of 15 lb (67 N) 

evenly over 5 s. and maintain for an 

additional 10 s. 

(4) Repeat the test on every distinct 

seam and every 6 in. (15 cm) along each 

seam. 

(i) Caregiver Attachment Test Method. 

(1) Equipment. Any suitable clamping 

devices with means to attach a force 

gauge with accuracy of 0.5 lb (1.2 N) 

may be used. The clamping surfaces 

shall grasp across the entire width of the 

strap or attachment element. 

(2) Support the nursing pillow to 

resist the pull forces and release the 

buckle or clasp of the caregiver 

attachment. 

(3) Clamp one side of the attachment 

or strap of the nursing pillow not less 

than 0.5 in. (1.2 cm) from the 

attachment to the nursing pillow. 

(4) Apply a tension of 20 lb (89 N) 

evenly over 5 s. and maintain for an 

additional 10 s. 

(5) Repeat the test on the other side 

of the attachment or strap. 

(6) Join the buckle or clasp of the 

attachment or straps. 

(7) Clamp both sides of the 

attachment or straps across the buckle 

or clasp, one on each side and not less 

than 0.5 in. (1.2 cm) from the buckle or 

clasp. 

(8) Apply a tension of 20 lb (89 N) 

evenly over 5 s. and maintain for an 

additional 10 s. 

§ 1242.6 Marking and labeling. 

(a) Each product and its retail package 

shall be marked or labeled clearly and 

legibly to indicate the following: 

(1) The name, place of business (city, 

state, and mailing address, including zip 

code), and telephone number of the 

manufacturer, distributor, or seller. 

(2) A code mark or other means that 

identifies the date (month and year as a 

minimum) of manufacture. 

(3) The marking or labeling in 

§ 1242.6(a)(1) and § 1242.6(a)(2) are not 

required on the retail package if they are 

on the product and are visible in their 

entirety through the retail package. 

When no retail packaging is used to 

enclose the product, the information 

provided on the product shall be used 

for determining compliance with 

§ 1242.6(a)(1) and § 1242.6(a)(2). Cartons 

and other materials used exclusively for 

shipping the product are not considered 

retail packaging. 

(b) The marking and labeling on the 

product shall be permanent. 

(c) Any upholstery labeling required 

by law shall not be used to meet the 

requirements of this section. 

(d) Warning Design for Product: (1) 

The warnings shall be easy to read and 

understand and be in the English 

language at a minimum. 

(2) Any marking or labeling provided 

in addition to those required by this 

section shall not contradict or confuse 

the meaning of the required information 

or be otherwise misleading to the 

consumer. 

(3) The warnings shall be conspicuous 

and permanent. 

(4) The warnings shall conform to 

ANSI Z535.4–2011, American National 

Standard for Product Safety Signs and 

Labels, sections 6.1 through 6.4, 7.2 

through 7.6.3, and 8.1 (incorporated by 

reference, see § 1242.8), with the 

following changes. 

(i) In sections 6.2.2, 7.3, 7.5, and 8.1.2, 

replace ‘‘should’’ with ‘‘shall.’’ 

(ii) In section 7.6.3, replace ‘‘should 

(when feasible)’’ with ‘‘shall.’’ 

(iii) Strike the word ‘‘safety’’ when 

used immediately before a color (for 

example, replace ‘‘safety white’’ with 

‘‘white’’). 

Note 1 to paragraph (d)(4)—For reference, 

ANSI Z535.1, American National Standard 

for Safety Colors, provides a system for 

specifying safety colors. 

(5) The safety alert symbol and the 

signal word ‘‘WARNING’’ shall be at 

least 0.2 in. (5 mm) high. The remainder 

of the text shall be in characters whose 

upper case shall be at least 0.1 in. (2.5 

mm), except where otherwise specified. 

Note 2 to paragraph (d)(5)—For improved 

warning readability, avoid typefaces with 

large height-to-width ratios, which are 

commonly identified as ‘‘condensed,’’ 

‘‘compressed,’’ ‘‘narrow,’’ or similar. 

(6) Message Panel Text Layout. (i) The 

text shall be left-aligned, ragged-right for 

all but one-line text messages, which 

can be left-aligned or centered. 

Note 3 to paragraph (d)(6)(i)—Left-aligned 

means that the text is aligned along the left 

margin, and in the case of multiple columns 

of text, along the left side of each individual 

column. See Figure 6 to this paragraph 

(d)(6)(i) for examples of left-aligned text. 

Figure 6 to Paragraph (d)(6)(i)— 

Examples of Left-Aligned Text 

The text shown for these warnings is 

filler text, known as lorem ipsum, 

commonly used to demonstrate graphic 

elements. 


lotter on DSK11XQN23PROD with PROPOSALS1
65886 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

(ii) The text in each column should be 

arranged in list or outline format, with 

precautionary (hazard avoidance) 

statements preceded by bullet points. 

Multiple precautionary statements shall 

be separated by bullet points if 

paragraph formatting is used. 

(7) An example warning in the format 

described in this section is shown in 

Figure 7 to this paragraph (d)(7). 

Figure 7 to Paragraph (d)(7)—Example 

of Warning 

(e) Warning Statements. Each product 

shall have warning statements. The text 

must address the warnings as shown in 

Figure 7 to paragraph (d)(7), Example of 

Warning. 

Note 4 to paragraph (e)—‘‘Address’’ means 

that verbiage other than what is shown can 

be used as long as the meaning is the same 

or information that is product-specific is 

presented. 

(f) Package Warnings. (1) The 

warnings and statements are not 

required on the retail package if they are 

on the product and are visible in their 

entirety through the retail package. 

Cartons and other materials used 

exclusively for shipping the product are 

not considered retail packaging. 

(2) Warning Statements. Each 

product’s package shall have warning 

statements to address the following, at 

a minimum, as specified in 

§ 1242.6(d)(1), § 1242.6(d)(2), 

§ 1242.6(d)(4), § 1242.6(d)(5), and 

§ 1242.6(d)(6): 

(i) Do not use for sleep. 

(ii) Do not use in sleep products like 

cribs, bassinets, or play yards. 

(3) Each product’s retail package shall 

address the manufacturer’s 


lotter on DSK11XQN23PROD with PROPOSALS1EP26SE23.021</GPH> EP26SE23.022</GPH>
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65887 

recommended weight, height, age, or 

developmental stage or combination 

thereof of the infant. 

(4) Warnings, statements, or graphic 

pictorials on the product and package 

shall not indicate or imply that the 

infant may be left in the product 

without an adult caregiver in 

attendance. 

§ 1242.7 Instructional literature 

(a) Instructions shall be provided with 

the product and shall be easy to read 

and understand and shall be in the 

English language at a minimum. These 

instructions shall include information 

on assembly, maintenance, cleaning, 

and use, where applicable. 

(b) The instructions shall include all 

warnings specified in § 1242.6(e). 

(c) The instructions shall address the 

following additional warnings: 

(1) Read all instructions before using 

this product. 

(2) Keep instructions for future use. 

(3) Do not use this this product if it 

is damaged or broken. 

(4) Instructions shall indicate the 

manufacturer’s recommended maximum 

weight, height, age, developmental 

level, or combination thereof, of the 

infant for whom the nursing pillow is 

intended. If this product is not intended 

for use by a child for a specific reason, 

the instructions shall so state this 

limitation. 

(d) The cautions and warnings in the 

instructions shall meet the requirements 

specified in § 1242.6(d)(4), 

§ 1242.6(d)(5), and § 1242.6(d)(6), except 

that sections 6.4 and 7.2 through 7.6.3 

of ANSI Z535.4—2011, American 

National Standard for Product Safety 

Signs and Labels, need not be applied. 

However, the signal word and safety 

alert symbol shall contrast with the 

background of the signal word panel, 

and the cautions and warnings shall 

contrast with the background of the 

instructional literature. 

Note 5 to paragraph (d)—For example, the 

signal word, safety alert symbol, and the 

warnings may be black letters on a white 

background, white letters on a black 

background, navy blue letters on an off-white 

background, or some other high-contrast 

combination. 

(e) Any instructions provided in 

addition to those required by this 

section shall not contradict or confuse 

the meaning of the required information 

or be otherwise misleading to the 

consumer. 

Note 6 to paragraph (e)—For additional 

guidance on the design of warnings for 

instructional literature, please refer to ANSI 

Z535.6, American National Standard: 

Product Safety Information in Product 

Manuals, Instructions, and Other Collateral 

Materials. 

§ 1242.8 Incorporation by Reference 

ANSI Z535.4–2011, American 

National Standard for Product Safety 

Signs and Labels, approved October 20, 

2017, is incorporated by reference. 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. This material is available 

for inspection at the U.S. Consumer 

Product Safety Commission and at the 

National Archives and Records 

Administration (NARA). Contact the 

U.S. Consumer Product Safety 

Commission at: the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone (301) 504–7479, email: cpscos@cpsc.gov. For information on the 

availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

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

ibr-locations.html. A free, read-only 

copy of the standard is available for 

viewing on the ANSI website at https:// 

ibr.ansi.org/Standards/nema.aspx. You 

may also obtain a copy from American 

National Standards Institute (ANSI), 25 

West 43rd Street, 4th Floor, New York, 

NY 10036, USA, telephone: (212) 642– 

4900, www.ansi.org. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2023–20156 Filed 9–25–23; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 52 

[REG–105954–22] 

RIN 1545–BQ40 

Superfund Chemical Taxes; Hearing 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking; 

notice of hearing. 

SUMMARY: This document provides a 

notice of public hearing on proposed 

regulations relating to the excise taxes 

imposed on certain chemicals and 

certain imported substances. 

DATES: The public hearing on this 

proposed regulation has been scheduled 

for October 25, 2023, at 10 a.m. ET. The 

IRS must receive speakers’ outlines of 

the topics to be discussed at the public 

hearing by October 11, 2023. If no 

outlines are received by October 11, 

2023, the public hearing will be 

cancelled. 

ADDRESSES: The public hearing is being 

held in the Auditorium, at the Internal 

Revenue Service Building, 1111 

Constitution Avenue NW, Washington, 

DC. Due to security procedures, visitors 

must enter at the Constitution Avenue 

entrance. In addition, all visitors must 

present a valid photo identification to 

enter the building. Because of access 

restrictions, visitors will not be 

admitted beyond the immediate 

entrance area more than 30 minutes 

before the hearing starts. Participants 

may alternatively attend the public 

hearing by telephone. 

Send Submissions to CC:PA:1:PR 

(REG–105954–22), Room 5205, Internal 

Revenue Service, P.O. Box 7604, Ben 

Franklin Station, Washington, DC 

20044. Submissions may be hand 

delivered Monday through Friday to 

CC:PA:1:PR (REG–105954–22), Couriers 

Desk, Internal Revenue Service, 1111 

Constitution Avenue NW, Washington, 

DC 20224 or sent electronically via the 

Federal eRulemaking Portal at 

www.regulations.gov (IRS REG–105954– 

22) (preferred). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Stephanie Bland or Natalie Payne, (202) 

317–6855; concerning submissions of 

comments, the hearing and/or to be 

placed on the building access list to 

attend the public hearing, call Vivian 

Hayes (202) 317–6901 (not a toll-free 

numbers) or by email to 

publichearings@irs.gov (preferred). 

SUPPLEMENTARY INFORMATION: The 

subject of the public hearing is the 

notice of proposed rulemaking (REG– 

105954–22) that was published in the 

Federal Register on Wednesday, March 

29, 2023, (FR 88 18446). 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments at the hearing 

must submit an outline of the topics to 

be discussed and the time to be devoted 

to each topic by October 11, 2023. 

A period of 10 minutes will be 

allotted to each person for making 

comments. An agenda showing the 

scheduling of the speakers will be 

prepared after the deadline for receiving 

outlines has passed. Copies of the 

agenda will be available free of charge 

at the hearing, and via the Federal 

eRulemaking Portal 

(www.Regulations.gov) under the title of 

Supporting & Related Material. If no 

outline of the topics to be discussed at 

the hearing is received by October 11, 

2023, the public hearing will be 

cancelled. If the public hearing is 

cancelled, a notice of cancellation of the 

public hearing will be published in the 

Federal Register. 


lotter on DSK11XQN23PROD with PROPOSALS1