Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73551 

If you file your comment on paper, 

write ‘‘Regulatory Review for 

Alternative Fuels Rule, Matter No. 

R311002’’ on your comment and on the 

envelope, and mail it to the following 

address: Federal Trade Commission, 

Office of the Secretary, 600 

Pennsylvania Avenue NW, Mail Stop 

H–144 (Annex F), Washington, DC 

20580. 

Because your comment will be placed 

on the publicly accessible website at 

www.regulations.gov, you are solely 

responsible for making sure that your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

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country equivalent; passport number; 

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responsible for making sure that your 

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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)— 

including, in particular, competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

clearly labeled ‘‘Confidential,’’ and 

comply with FTC Rule 4.9(c), 16 CFR 

4.9(c). In particular, the written request 

for confidential treatment that 

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the factual and legal basis for the 

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comment will be kept confidential only 

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treatment under FTC Rule 4.9(c), and 

the General Counsel grants that request. 

The FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding, as 

appropriate. The Commission will 

consider all timely and responsive 

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before December 26, 2023. For 

information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/site-information/ 

privacy-policy. 

By direction of the Commission. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2023–23621 Filed 10–25–23; 8:45 am] 

BILLING CODE 6750–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112, 1130, and 1240 

[CPSC Docket No. 0046] 

Safety Standard for Infant and Infant/ 

Toddler Rockers 

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. These standards are to 

be substantially the same as applicable 

voluntary standards, or more stringent 

than the voluntary standards if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. The Commission is 

proposing a safety standard for Infant 

and Infant/Toddler Rockers (rockers). 

The Commission is also proposing to 

amend CPSC’s consumer registration 

requirements to add rockers as 

identified durable infant or toddler 

products and to amend CPSC’s list of 

notice of requirements (NORs) to 

include rockers. 

DATES: Submit comments by December 

26, 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, the 

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–0046, may be submitted 

electronically or in writing: 

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 electronic mail 

(email), except through https://

www.regulations.gov/. CPSC encourages 

you to submit electronic comments by 

using the Federal eRulemaking Portal, 

as described above. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or 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 must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

https://www.regulations.gov/. Do not 

submit through this website: 

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/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov/, and insert the 

docket number, CPSC–0046, into the 

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

FOR FURTHER INFORMATION CONTACT: 

Zachary S. Foster, Project Manager, 

Division of Human Factors, Directorate 

for Engineering Sciences, Consumer 

Product Safety Commission, 5 Research 

Place, Rockville, MD 20850; Telephone 

301–987–2034; email: zfoster@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 104(b) of the CPSIA, 15 U.S.C. 

2056a(b), 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 


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73552 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

1Referred to together as ‘‘rockers.’’ Reference to 

‘‘Infant Rockers’’ alone refers to products intended 

for use by infants up to approximately six months 

of age. Reference to ‘‘Infant/Toddler Rockers’’ alone 

refers to products intended for use by children up 

to approximately 2.5 years of age. See section II of 

the preamble for the full definitions of Infant 

Rockers and Infant/Toddler Rockers. 

2 In a Commission meeting on October 11, 2023, 

the Commission voted (4–0) to publish this 

proposed rule as amended by the Commission. 

Meeting minutes describing the vote and the 

amendments are available at: https://www.cpsc.gov/ 

s3fs-public/Comm-Mtg-Min-Infant-Rockers-NPRand-Gas-Furnaces-and-BoilersNPR.pdf?VersionId=8Ct.NBI7RhSXyozTJBE65

q3lCSyU_aMl. 

3See Tab F of Staff’s NPR Briefing Package for 

additional information on the scope of ASTM 

F3084–22, and Tab G of Staff’s NPR Briefing 

Package for the proposed changes to the definition 

and stability test. 

4See Briefing Memo and Tab G of Staff’s NPR 

Briefing Package for the proposed addition. 

representatives of consumer groups, 

juvenile product manufacturers, and 

independent child product engineers 

and experts; and (2) promulgate 

consumer product safety standards for 

durable infant or toddler products. 

Standards issued under section 104 are 

to be ‘‘substantially the same as’’ the 

applicable voluntary standards or more 

stringent than the voluntary standards if 

the Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. 15 U.S.C. 2056a(b)(1)(B). 

Currently, no mandatory safety 

standard exists for infant rockers or 

infant/toddler rockers. There is a 

voluntary standard, however. In July 

2014, ASTM International’s (ASTM) 

Committee F15 on Consumer Products 

first published a voluntary standard for 

rockers—ASTM F3084–14, Standard 

Consumer Safety Specification for 

Infant and Infant/Toddler Rockers 

(ASTM F3084), to minimize the risk of 

injury or death associated with 

children’s use of rockers. The standard 

addressed hazards associated with 

product disassembly and collapse, 

stability, and falls from an elevated 

surface. Hazard mitigation strategies 

included performance requirements, 

warnings, and instructional literature. 

The ASTM standard has been revised 

four times since 2014, in 2016, 2018, 

2020, and 2022. The most current 

version of the ASTM standard is ASTM 

F3084–22, published in May 2022. 

Consistent with the consultation 

requirement in section 104(b)(1) of the 

CPSIA, CPSC staff has worked with the 

ASTM F15.18 subcommittee task group 

since 2013 to update the voluntary 

standard for rockers.1 This consultation, 

including staff’s assessment of hazard 

patterns and suggested additional 

performance and labeling requirements, 

continued through publication and 

revision of ASTM F3084–22. 

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 requirements under 16 CFR part 

1130. Any product defined as a 

‘‘durable infant or toddler product’’ in 

part 1130 must comply with the product 

registration requirements, as well as 

testing and certification requirements 

for children’s products, as codified in 16 

CFR parts 1107 and 1109. Section 

104(f)(1) of the CPSIA defines a 

‘‘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 includes a list of 

categories of products that are durable 

infant or toddler products, including 

products similar to rockers, such as 

various infant chairs (highchairs, 

booster chairs, and hook-on chairs) and 

swings. 15 U.S.C. 2056a(f)(2). 

Rockers are not included in the 

statutory list of durable infant or toddler 

products. As set forth in section V of the 

preamble, the statutory product list is 

not exhaustive. The Commission now 

proposes to amend part 1130 to include 

‘‘Infant and Infant/Toddler Rockers’’ as 

durable infant or toddler products 

because they are intended for use, and 

may be reasonably expected to be used, 

by children under the age of 5 years; are 

analogous to other statutory and 

Commission-defined durable infant 

products, such as infant bouncers; and 

are commonly available for resale or 

‘‘handed down’’ for use by other 

children.2

II. The Product Category 

A. Products Within the Scope 

The scope of this notice of proposed 

rulemaking (NPR) includes all infant 

rockers and all infant/toddler rockers 

within the scope of ASTM F3084–22, 

including multi-mode products with a 

rocker mode, with the addition of 

weight limits for each product and 

terminology to define ‘‘rocking’’ 

pursuant to the Commission’s proposed 

modification to the standard definitions 

addressed below. The ASTM standard 

F3084–22 defines an infant rocker as a 

‘‘freestanding product intended to 

support an occupant who has not 

developed the ability to sit up 

unassisted (approximately 0 to 6 months 

of age) in a seated, reclined position 

greater than 10° and to facilitate rocking 

by the occupant with the aid of the 

caregiver or by other means.’’ The 

ASTM standard defines an infant/ 

toddler rocker as ‘‘a freestanding 

product intended to support an 

occupant in a seated, reclined position 

greater than 10° and to facilitate rocking 

by the occupant with the aid of the 

caregiver or by other means until the 

occupant is approximately 21⁄2 years.’’ 

The Commission proposes to modify the 

ASTM definitions of infant rockers and 

infant/toddler rockers by specifying a 

weight limit for each product so as to 

reflect the manufacturers’ maximum 

recommended weight listed in the 

product warning, and thereby clarifying 

which forward stability test is required 

for each product.3 The Commission also 

proposes to add terminology to define 

‘‘rocking’’ as forward and backward 

motion via a nonstationary base. This 

clarification is intended to differentiate 

rockers from other infant and toddler 

seated products and prevent improper 

product classification. The Commission 

invites comments on the proposed 

definition of ‘‘rocking.’’ 4

Products within scope of the NPR 

include: 

• Infant rockers, marketed for infants 

up to approximately six months old, 

• Infant/toddler rockers, marketed for 

children up to approximately 2.5 years 

old, 

• Combination rocker/bouncers 

(bouncers with curved rocker legs), 

• Combination swings/rockers 

(rockers that attach to a stationary swing 

base), and 

• Other combination products, such 

as rocker/bouncer/stationary chair 

products. 

Most rockers have a metal or plastic 

frame with a padded fabric seat. A few 

products, primarily from foreign direct 

shippers and hand crafters, have a 

wooden frame. Some products have a 

motorized rocking function, a vibration 

function, or sound functions, which are 

powered by batteries or an electrical 

cord with a plug. All rockers support a 

child in an inclined position (greater 

than 10 degrees from vertical) with 

certain infant/toddler rockers having 

adjustable seat backs to facilitate upright 

sitting as the child grows. Many 

products also feature an accessory bar 

with attached toys that are, or once the 

child has grown larger will be, within 

the child’s reach. Certain products also 

have secondary use modes. For 

example, some products have a 

kickstand that can be deployed to keep 

the product stationary, while other 

products can be converted into a 

bouncer or swing. Many rockers have 

three-point crotch restraints consisting 

of a wide cloth crotch and short 

adjustable waist straps with plastic 


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5See Tab D of Staff’s NPR Briefing Package for 

additional information. 6CPSRMS 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. Examples of documents in 

CPSRMS are: hotline reports, internet reports, news 

reports, medical examiner’s reports, death 

certificates, retailer/manufacturer reports, and 

documents sent by state/local authorities, among 

others. 7NEISS 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. https:// 

www.cpsc.gov/Research—Statistics/NEISS-InjuryData. 

buckles. Some infant/toddler rockers 

also utilize a shoulder restraint. 

Some items marketed as ‘‘rockers’’ are 

subject to the swing mandatory 

standard, 16 CFR part 1223, rather than 

the rocker standard, based on how the 

product moves in relation to a base or 

stand. Rockers are reclined seated 

products that move in their entirety, 

most commonly on curved legs, so as to 

rock an occupant forward and 

backward, while swings have a 

stationary base. Multi-mode items, such 

as rockers with curved legs that attach 

to a swing base, are subject to both the 

swing mandatory standard and the 

rocker voluntary standard. Some 

conventional bouncer seats are 

advertised as ‘‘rockers’’ because they 

rock up and down, but those products 

would not meet the definition of a 

‘‘rocker’’ in either the ASTM standard or 

the NPR if the base is stationary. 

Bouncer seats must meet the bouncer 

seat mandatory standard in 16 CFR part 

1229, while multi-mode items that are 

both rockers and bouncers are subject to 

both standards. 

Rocking horse toys and similar items 

are out of scope for this rule because 

they do not meet the definition of a 

‘‘rocker’’ in the ASTM standard or the 

NPR; such toys do not support the 

occupant in a seated, reclined position. 

Similarly, traditional children’s rocking 

chairs with a straight, non-reclining 

back are not within the scope of the 

rule. 

B. Market Description 

CPSC staff estimates that rocker sales 

reach 567,500 units per year, although 

this estimate is uncertain due to the 

industry practice of grouping rockers 

and combination products with nonrocker products into a single survey 

category. In January 2023, staff found 

that 25 percent of the bestselling 

products within the ‘‘infant bouncers 

and rockers’’ category of a major 

internet retailer website were rockers or 

combination rocker/bouncer products 

within scope of this proposed rule. See 

Tab F of Staff Briefing Package: Draft 

Notice of Proposed Rulemaking for 

Infant and Infant/Toddler Rockers (Sept. 

13, 2023) (Staff’s NPR Briefing Package), 

available at: https://www.cpsc.gov/s3fspublic/Notice-of-Proposed-RulemakingSafety-Standard-for-Infant-Rockers-andInfant-and-ToddlerRockers.pdf?VersionId=Z3cL72KKD_

oN_BG5LcNEAdlDIDXyTrmt. 

While new rockers are available from 

online general retail sites, brick and 

mortar baby specialty stores, and brick 

and mortar general retail stores 

including ‘‘big box’’ stores, used items 

are widely available on second-hand 

online sites, as well as in some thrift 

stores. Rockers range in price from $35 

to $250 with an average price of about 

$110. The less expensive products tend 

to be smaller products without powered 

functions, while the more expensive 

rockers tend to be combination products 

(e.g., rocker-swings or rocker-bouncers) 

or products with additional features. 

Using the estimate of approximately 

567,500 units sold each year with the 

average price of $110, CPSC estimates a 

$62 million market in terms of annual 

sales. Approximately 80 models of 

rockers are available for sale on the U.S. 

market, from roughly 50 entities. 

III. Incident Data 

Rockers are part of a broader group of 

products (which includes bouncers and 

swings) that provide support to infants 

who are initially unable to sit 

independently. Compared to other 

postures, sitting can provide infants an 

improved ability to explore objects with 

greater visual access to their 

environment, as well as increased social 

attention. While infants are sitting, as 

compared to other postures, caregivers 

also demonstrate a wider variety of 

interactions that allow infants to 

practice cognitive skills.5

However, incident data confirms that 

some caregivers use rockers for brief or 

extended infant or toddler sleep, despite 

warnings that these products should not 

be used for sleep. As Tab A of Staff’s 

NPR Briefing Package explains in 

greater detail, CPSC staff searched the 

Consumer Product Safety Risk 

Management System (CPSRMS) 6 and 

the National Electronic Injury 

Surveillance System (NEISS) 7 for 

fatalities, incidents, and concerns 

associated with rockers reported to have 

occurred between January 1, 2011 and 

November 7, 2022. Staff identified 1,088 

incidents from CPSRMS associated with 

rockers. Staff found too few emergency 

department-treated injuries associated 

with rockers to derive reportable 

national estimates. Therefore, staff was 

unable to provide injury estimates based 

on NEISS data but included NEISS 

injury cases in the total count of 

reported incidents. 

Table 1 shows the number of 

incidents reported for each year during 

the period. Incident reporting is ongoing 

and the number of incidents— 

particularly for recent years—may 

change. 

TABLE 1—REPORTED INFANT ROCKER INCIDENTS

Incident year 

Total number 

of reported 

incidents 

Number of 

reported 

fatalities 

Number of 

reported 

nonfatal 

injuries 

2011 ............................................................................................................................................. 164 1 29 

2012 ............................................................................................................................................. 200 1 23 

2013 ............................................................................................................................................. 158 1 11 

2014 ............................................................................................................................................. 97 1 3 

2015 ............................................................................................................................................. 82 1 3 

2016 ............................................................................................................................................. 137 0 4 

2017 ............................................................................................................................................. 86 1 5 

2018 ............................................................................................................................................. 67 0 2 

2019 ............................................................................................................................................. 42 2 4 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73554 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

TABLE 1—REPORTED INFANT ROCKER INCIDENTS—Continued 

Incident year 

Total number 

of reported 

incidents 

Number of 

reported 

fatalities 

Number of 

reported 

nonfatal 

injuries 

2020 ............................................................................................................................................. 42 1 3 

2021 * ........................................................................................................................................... 8 1 1 

2022 * ........................................................................................................................................... 6 1 0 

Total ...................................................................................................................................... 1,088 11 88 

Source: CPSC epidemiological databases CPSRMS and NEISS. 

Note: * Indicates data collection is ongoing. 

Table 2 provides age information for 

the victims in the 1,088 incidents. 

TABLE 2—AGE DISTRIBUTION IN INFANT ROCKER-RELATED INCIDENT REPORTS

[01/01/11–11/07/22] 

Age 

Total 

Frequency Percentage 

Unreported * ............................................................................................................................................................. 316 29 

0–6 Months .............................................................................................................................................................. 418 38 

7 Months–Less Than 1 Year ................................................................................................................................... 241 22 

1–Less Than 2 Years .............................................................................................................................................. 81 8 

2–4 Years ................................................................................................................................................................ 27 2 

5 Years or Older ...................................................................................................................................................... 5 <1 

Total .................................................................................................................................................................. 1,088 100 

Source: CPSC epidemiological databases CPSRMS and NEISS. 

Note: Percentages may not sum to 100 due to rounding. 

* In this table, age ‘‘unreported’’ implies age was unknown or age was not reported because the incident involved no injury. 

Table 3 presents the age distribution 

of children under five years of age who 

suffered fatal or nonfatal injuries in the 

incidents from January 1, 2011 to 

November 7, 2022. All 11 fatalities and 

70 nonfatal injuries involved victims 

less than one year old. Eight incidents 

involved victims less than four months 

old, including five of the 11 total 

fatalities. 

TABLE 3—AGE DISTRIBUTION IN INFANT ROCKER-RELATED INCIDENTS REPORTING FATALITIES AND NONFATAL INJURIES

AMONG CHILDREN UNDER FIVE YEARS OF AGE

[01/01/11–11/07/22] 

Age of child 

Total Fatalities Injuries 

Frequency Percentage Frequency Percentage Frequency Percentage 

Unreported * ..................................................................... 12 12 0 0 12 14 

0–6 Months ...................................................................... 33 33 10 91 23 26 

7–Less Than 1 Year ........................................................ 48 48 1 9 47 53 

1–Less Than 2 Years ...................................................... 5 5 0 0 5 6 

2–4 Years ......................................................................... 1 1 0 0 1 1 

Total .......................................................................... 99 100 11 100 88 100 

Source: CPSC epidemiological databases CPSRMS and NEISS. 

Note: Percentages may not sum to 100 due to rounding. 

* In this table, age ‘‘unreported’’ implies age was unknown but victim is described as a child under five years of age. 

Of the 11 fatalities during the period, 

nine involved infants being placed in 

the rocker for sleeping or napping. The 

incident reports indicate that in two of 

these incidents the infants were placed 

on their side in the rocker, and in one 

incident the rocker was damaged and 

was being supported by a shoe box. One 

fatality involved an infant being placed 

in a rocker with the seat back in the 

‘‘upright/toddler’’ position for 

approximately four hours. One fatality 

involved an infant being placed in a 

rocker on top of an adult bed without 

a caregiver present for approximately 

20–30 minutes. Six of the 11 fatalities 

indicate that the restraints were not 

used. Six of the 11 fatalities indicate 

that pillows and/or blankets were 

placed in the product with the infant 

over the infant for warmth/comfort, 

under the infant for comfort/support, or 

both. In one of these incidents a blanket 

was found covering the infant’s face. 


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8See Tab E of Staff’s NPR Briefing Package for 

additional information. 

9See Tab C of Staff’s NPR Briefing Package for 

additional information. 

10The Commission is not aware of any 

international voluntary standards pertaining to 

rockers. 

11See Briefing Memo of Staff’s NPR Briefing 

Package for additional detail on ASTM F3084. 

12See Tabs C and D of Staff NPR Briefing Package 

for additional details. 

13Mannen, E.M., Siegel, D., Goldrod, S., Bossart, 

A., Lujan, T.J., Wilson, C., Whitaker, B., Carrol, J. 

(2023). Seated Products Characterization and 

Testing. Report available at https://www.cpsc.gov/ 

content/Report-Boise-State-Universitys-SeatedContinued 

Summaries of the fatalities are provided 

in Tab A of Staff’s NPR Briefing 

Package. 

Staff identified hazard patterns for all 

1,088 reported incidents associated with 

rockers. 

More than 700 of the incidents (64 

percent) involved hardware-related 

problems such as issues related to lock 

and latch hardware, hinge hardware, 

seat mounting hardware, or other parts 

breaking. 

Two hundred and seventy-five of the 

incidents (25 percent) cited rockers 

wobbling, collapsing, or tipping over. 

Tipover-related incidents comprised 

more than 64 percent of all reported 

injuries. At least 49 of the tipoverrelated incidents involved a rocker 

tipping forward. Sixty of the 275 

stability-related incidents resulted in 

head injury. Four of the 275 stabilityrelated incidents resulted in other upper 

body injuries. 

Thirty-seven of the incidents (3 

percent) cited rockers having electrical 

issues, mostly batteries leaking. Thirtysix of the incidents (3 percent), 

involving 17 injuries, cited issues 

related to the rocker’s design, such as 

toy bar positioning, slippery fabric seat 

pads, misaligned screws, pinch points, 

defective battery compartments, and 

seat back tubes not staying in sockets. 

From January 1, 2011 through August 

30, 2023, CPSC issued one recall of two 

multi-mode products in which four 

fatalities were reported and one issued 

warning regarding rockers. Incidents 

described in the press releases for the 

multi-mode product recall and the 

warning involved infants being placed 

to sleep on their backs and unrestrained 

in inclined rocking products but found 

on their stomachs.8

IV. Overview of ASTM F3084 9

A. History of ASTM F3084 

The ASTM F15.18 Subcommittee on 

Cribs, Toddler Beds, Play Yards, 

Bassinets, Cradles, and Changing Tables 

first published the voluntary standard 

for rockers in 2014, as ASTM F3084–14, 

Standard Consumer Safety 

Specification for Infant and Infant/ 

Toddler Rockers.10 The first publication 

addressed issues including seat angles, 

stability, structural integrity, other 

design issues, and marking and labeling. 

Since 2014, ASTM has revised and 

updated the voluntary standard four 

times to address safety issues. In 2016, 

ASTM modified the warning 

requirements for use of shoulder straps 

provided as part of the restraint system. 

In 2018, ASTM made miscellaneous 

changes. In 2020, ASTM added language 

to the marking, labeling, and 

instructional literature requirement that 

addressed battery operated products and 

removed references to the CPSIA. In 

May 2022, ASTM modified warning 

language to state that rockers are not 

intended for sleep or unsupervised use, 

and to instruct consumers to move 

sleeping infants to a firm, flat sleep 

surface.11

B. Assessment of the ASTM F3084–22 

Standard 

Based on CPSC staff’s Engineering 

and Human Factors assessments, Tabs C 

and D of Staff’s NPR Briefing Package, 

respectively, CPSC concludes that 

several ASTM F3084–22 tests are 

adequate to address rocker hazards, 

specifically: (1) the sideward and 

rearward stability tests for infant and 

infant/toddler rockers to address 

product sideward and rearward tipover; 

(2) the structural integrity test to address 

hardware failures and collapse hazard; 

(3) the toy bar integrity test to address 

toy bars snapping apart; and (4) the 

restraint system test to ensure the 

heaviest intended occupant is safely 

secure. Therefore, the Commission 

proposes in the NPR to adopt the 

following ASTM tests: 12

1. Sideward and Rearward Stability 

Section 6.3.2 of ASTM F3084–22 

specifies performance requirements for 

rockers’ sideward and rearward 

stability. In the test procedure, a CAMI 

Infant Dummy is placed in the rocker, 

which is then positioned in the most 

unfavorable sideward or rear position 

on a test surface inclined at 20 degrees. 

To pass the test, the rocker must not tip 

over in this position. CPSC testing 

indicates this test is adequate to address 

the risk to occupants from sideways or 

backwards tip-over of the rocker. 

2. Structural Integrity 

The ASTM standard includes a 

dynamic load test (see section 7.6.1), a 

static load test (see section 7.6.2), and a 

disassembly/collapse test (see section 

6.6). Section 6.5 specifies that rockers 

shall not break or create a hazardous 

condition after these tests are applied. 

CPSC assess that these tests adequately 

test the structural strength of rockers. 

3. Toy Bars 

To prevent caregivers from attempting 

to raise the rocker by the toy bar, section 

6.7 of ASTM F3084–22 requires that toy 

bars must either be strong enough to not 

detach when used as a handle or must 

break free from the rocker when a 

caregiver attempts to use the toy bar as 

a handle. CPSC considers these 

requirements—which are identical to 

the ASTM F2167–22 toy bar attachment 

test requirements for infant bouncers, 

codified in 16 CFR part 1229—adequate 

to address the hazard of toy bars 

snapping due to use as a handle. 

4. Restraints 

Section 6.2 of ASTM F3084–22 

requires both a waist and crotch 

restraint to secure a child in a rocker. 

The test requires that the restraint 

system anchors shall not separate from 

the attachment points when subjected to 

a force of 45 lb. that is maintained for 

10 seconds. The force of 45 lb. is 

approximately 25 percent greater than 

the 36 lb. weight of a 2.5-year-old male 

child in the 95th percentile. These 

requirements are identical to the 

restraint system test requirements for 

infant bouncers under 16 CFR part 1229, 

and adequately ensure the safety of the 

heaviest intended occupant. 

5. Concavity and Firmness 

While the foregoing tests in ASTM 

F3084–22 appear adequate to address 

rocker hazards, CPSC finds, subject to 

public comment, that several revisions 

to the current voluntary standard are 

necessary to adequately address hazards 

to infants and toddlers associated with 

rockers. 

First, no provision in ASTM F3084– 

22 addresses the risk of suffocation in 

rockers due to concavity or firmness 

issues. In 2022, CPSC contracted with 

Boise State University (BSU) to research 

and analyze the death or injury risks 

associated with infant seated products 

and to recommend possible 

requirements to improve safety. A 

research team led by Dr. Erin Mannen 

submitted their report (BSU Report) to 

CPSC in June 2023. The BSU Report 

recommends that infant seated products 

should have a firmness similar to that of 

a crib mattress, should not envelop the 

infant’s head or face, and should 

provide sufficient space for the infant’s 

head to rotate without contacting the 

product side walls.13


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Products-Characterization-and-Testing (BSU 

Report). 

14The 21-lb load is equivalent to the weight of 

a 95th percentile 6-month-old boy (Centers for 

Disease Control and Prevention, National Center for 

Health Statistics. CDC growth charts: United States, 

2000. https://www.cdc.gov/growthcharts/). 

(a) Concavity and Conformity 

The BSU Report states that the 

concavity (i.e., curvature of the seat 

back) and conformity (i.e., the product 

enveloping the infant due to the infant’s 

weight) of an infant rocker can affect the 

risk of mouth and nose contact with the 

sides of the product and poses a 

suffocation risk. The BSU research team 

found that rockers with a small pillow 

or no pillow posed a low risk for 

suffocation from nose and mouth 

contact, while products with larger and 

thicker pillows or inserts were deemed 

to create a high risk for mouth and nose 

contact and potential suffocation. 

The BSU Report outlines a 

recommended concavity test. The test 

consists of calculating the concavity 

(radius) formed at the intended 

occupant’s head position with a 7.65- 

pound newborn-sized test device in the 

seat. With the device in place, the width 

of the seat is then measured from side 

to side at the intended infant head 

position. The depth is also measured 

from the midline of the infant’s head 

position to the seat back surface. With 

these measurements, the radius is then 

calculated to determine the concavity. 

The BSU Report states that a seated 

product with a concavity radius greater 

than 22 cm (8.66 in.) would protect 

against mouth and nose contact with 

sides of the products during a normal 

head rotation. Therefore, the BSU 

Report recommends a concavity radius 

equal to or greater than 22 cm (8.66 in.), 

which would make it easier for infants 

to free their mouth and nose from face 

contact if they roll into a prone position 

within the product. After conducting 

testing, CPSC staff similarly found that 

a concavity radius of less than 22 cm 

(8.66 in) would increase the risk of an 

infant’s mouth or nose coming into 

contact with the side of a product. The 

22 cm (8.66 in) radius is three times the 

head radius of a 95th percentile sixmonth-old male. The minimum 22 cm 

(8.66 in) radius requirement therefore 

incorporates a three times safety factor 

to prevent the infant’s face from 

contacting the side of the rocker. The 

Commission invites comment on the 

proposed concavity requirement to 

address the suffocation hazard by 

adopting the BSU Report’s 

recommended concavity test for rockers. 

(b) Firmness 

The BSU Report states that all seated 

infant products should be sufficiently 

firm and flat to prevent the infant’s 

mouth and nose from making contact 

with the product during supine lying 

with a normal head rotation. The BSU 

Report recommends that infant rocker 

firmness should be equivalent to the 

crib mattress firmness requirement, 

confirming that the minimum 

displacement of 11mm (0.43 in) with a 

2.25-pound load would meet the crib 

mattress firmness requirement. Based on 

staff’s own testing as well as the BSU 

Report, CPSC staff advises that adopting 

the BSU Report firmness test for rockers 

would address a suffocation risk. Staff 

further found that inserting a foam 

backing between the fabric of the rocker 

and the frame would allow the rocker to 

pass the firmness test, suggesting the 

feasibility of complying with the BSU 

Report’s firmness recommendation. See 

Tab C of Staff’s NPR Briefing Package 

for more detail. 

The firmness requirement and test 

method recommended in the BSU 

Report addresses the hazards of soft 

surfaces designed into rockers, such as 

pillows or hammock designs, that can 

envelope an infant’s face in the prone 

position or with the head turned to the 

side position. Providing equivalent 

firmness around the occupant’s head 

will help to ensure that rockers have the 

same baseline safety as crib mattresses 

in terms of preventing a child’s nose 

and mouth from being obstructed by the 

support surface. The Commission 

proposes to adopt the BSU Report’s 

recommended firmness test to 

strengthen the rockers standard to 

address a suffocation hazard that ASTM 

F3084–22 currently does not address 

and invites comment on this proposal. 

6. Forward Stability 

Section 6.3 of ASTM F3084–22 

specifies performance requirements for 

forward stability in infant rockers 

intended to support an occupant who 

has not developed the ability to sit up 

unassisted. The test procedure for 

forward stability applies a tipping 

moment to the product in its most 

upright position to simulate a 21 lb. 

infant leaning forward in the rocker.14 A 

test fixture is then attached to the seat 

of a product with restraints that have 

been adjusted for a CAMI Infant 

Dummy. A 21-lb. vertical static force is 

applied for 60 seconds to the fixture five 

inches in front of the crotch post. To 

pass the test, the infant rocker must not 

tip over. See Tab A, Appendix, and Tab 

C of Staff NPR Briefing Package for 

additional details. 

This forward stability requirement for 

infant rockers is not as stringent as the 

forward stability requirements for infant 

bouncers in 16 CFR part 1229, which 

provides greater protection for larger 

infants by applying the test weight one 

inch further from the crotch post (i.e., 

six inches away instead of five inches 

away) and using the manufacturer’s 

maximum recommended weight if 

greater than the 21-lb. weight 

application specified. Additionally, the 

infant rocker standard does not clearly 

specify a maximum weight limit for 

infant rockers in the product warnings 

and does not adequately indicate which 

forward stability tests are to be applied 

to each product type, whether it be an 

infant rocker or an infant/toddler rocker. 

To strengthen the standard, the 

Commission proposes modifying the 

forward stability requirement for infant 

rockers to match the more stringent test 

conditions specified in the mandatory 

standard for infant bouncers, revising 

the definitions for ‘‘infant rocker’’ and 

‘‘infant/toddler rocker’’ to list a 

maximum weight limit, and revising the 

forward stability tests to offer additional 

clarification on which tests apply to 

which product category. 

In addition, it appears the forward 

stability test for infant/toddler rockers 

in ASTM F3084–22 does not adequately 

address occupants larger than sixmonths-old, as most of the incidents of 

infant/toddler rockers tipping over 

involved an occupant that ranged from 

seven months to 12 months of age. See 

Tab C of Staff NPR Briefing Package. 

The Commission requests comments on 

this concern, and on methods to best 

test forward stability hazards for 

occupants older than six months of age. 

7. Electrical—Battery Leakage 

As noted, 36 of the 1,088 reported 

rocker incidents within the study period 

involved leaking batteries. Twelve of the 

leaking battery incidents reported 

corroded or rusty battery compartments. 

See Tab A, Appendix, and Tab C of 

Staff’s NPR Briefing Package for 

additional information. 

ASTM F3084–22 does not specify 

requirements to address battery or 

electrical issues associated with rockers. 

CPSC’s bouncer rule, codified at 16 CFR 

part 1229, does include requirements to 

address such electrical hazards. 

Specifically, the bouncer rule’s 

electrical requirements include: (1) each 

battery compartment or area around the 

battery compartment is marked to show 

the correct battery polarity, size, and 

voltage; (2) each battery compartment 

provides a means to contain battery 

leaks; (3) design protection from the 

possibility of a battery being charged 

when it is installed in the rocker; (4) the 

surfaces of any accessible electrical 


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component do not reach temperatures 

exceeding 160 °F (71°C) at any time 

while in ordinary use; and (5) the 

product is only operable via an a/c 

power source and/or new batteries of 

the type recommended by the 

manufacturer. To address the batteryrelated hazards reflected in the reported 

incidents, the Commission proposes to 

add electrical requirements based on 

requirements in the bouncer rule. 

8. Drop Test 

The bouncer rule in 16 CFR part 1229 

includes a drop test to evaluate the 

durability of infant bouncers in 

instances of an inadvertent drop or the 

product impacting a hard surface. The 

test drops a bouncer from a height of 36 

inches once on each of six different 

planes (top, bottom, front, rear, left side, 

and right side). ASTM F3084–22 does 

not contain a similar test, which reduces 

the protectiveness of its requirements. 

See Tab C of Staff’s NPR Briefing 

Package. Accordingly, the Commission 

proposes to apply the drop test from the 

bouncer rule to rockers to ensure 

product durability. 

9. Strangulation on Tethered Straps 

CPSC staff identified one nearstrangulation incident involving a 

rocker in which an eight-month-old 

male crawled under the product, at 

which time his neck became entangled 

in the tethered straps located behind the 

rocker. See Tab A, Appendix, and Tab 

C of Staff’s NPR Briefing Package for 

additional information. Because ASTM 

F3084–22 does not address a tethered 

strap strangulation hazard, the 

Commission proposes to strengthen the 

rocker standard by adding a test in 

section 7.11 of the NPR to address 

tethered strap strangulation hazards. 

C. Marking, Warning, and Labeling 

Warning about a hazard is a less 

effective method of addressing the 

hazard than either designing the hazard 

out of a product or guarding consumers 

from the hazard. Therefore, when a 

standard relies on warnings to address 

a hazard, it is particularly important 

that the warning statements are 

noticeable, understandable, and 

motivational. The primary U.S. 

voluntary consensus standard for 

product safety signs and labels, ANSI 

Z535.4, American National Standard for 

Product Safety Signs and Labels, 

recommends that on-product warnings 

include content that addresses the 

following three elements: 

• a description of the hazard; 

• information about the consequences 

of exposure to the hazard; and 

• instructions regarding appropriate 

hazard-avoidance behaviors. 

CPSC staff analyzed literature, 

incident data, and consumer feedback, 

concluding that the rocker warnings 

specified in ASTM F3084–22 do not 

adequately address the identified 

product hazards because the warning 

requirements insufficiently address the 

use of soft bedding in rockers and the 

use of rockers for sleep, fail to address 

potential hazards of prematurely born 

infants using rockers, do not sufficiently 

outline label visibility and location 

requirements, and have typographical 

errors. See Tab D of Staff’s NPR Briefing 

Package. To address these deficiencies, 

the Commission proposes inclusion of 

the warnings shown in Figure 1: 

D. Instructional Literature 

Adding these warnings to the product 

literature is also necessary to address 

adequately the hazards associated with 

rockers. See Tab D of Staff’s NPR 

Briefing Package. Further, the 

instructional literature language in the 

ASTM voluntary standard overbroadly 

states that instructions shall include the 

warnings listed in section 8.7, which 

contains four sets of warning statements 

with minor differences based on 

whether the product is an infant rocker 

or an infant/toddler rocker, and the type 

of restraint system used. The 

Commission proposes that the 

instructional literature requirements 

specify that only the applicable warning 

in section 8.7 needs to be included. 

V. Overview of the NPR 

A. Performance Requirements 

In light of the substantial record of 

deaths and injuries with infant rockers 

and infant/toddler rockers, as 

summarized in section III above, the 

Commission issues the NPR under 

section 104 of the CPSIA to propose a 

mandatory consumer product safety 

standard for rockers. The Commission 

proposes to incorporate by reference 

ASTM F3084–22, with modifications to 

make the standard more stringent to 

further reduce the risk of injury 

associated with the use of rockers. The 

objective of this proposed rule is to 

address the known hazards of infant 

rockers and infant/toddler rockers, 

which include positional asphyxia, 

disassembly and collapse, hardware 

failures such as screws coming out and 

parts breaking off, and falls from 

elevated surfaces. The NPR contains 

more stringent performance and labeling 

requirements than the voluntary 

standard, improving the test 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.009</GPH>

Figure 1. Example warning label. 

SUFFOCATION & ASPHYXIA HAZARD: Using this product for SLEEP, 

NAPS, or on SOFT SURFACES CAN KILL. 

• NEVER use this product for sleep. 

• Stay near and watch baby during use. If baby faUs asleep, remove baby as 

soon as possible and place baby on a finn, flat sleep surface such as a 

bare cnb or bassinet 

• For babies born prematurely, consult a doctor before use. 

• ALWAYS use restraints. Adjust to fit snugly. 

• NEVER use on a bed, sofa, cushion or other-soft surface. Babies have 

suffocated when seats tipped over on soft surfaces. 

• NEVER add soft bedding or padding. 

FALL HAZARD: Babies have suffered head injuries FALLING FROM 

ROCKERS. 

• NEVER lift or cany baby in rocker. 

• STOP using product when baby has reached pnsert manufacturer's 

recommended maximum weight, notto exceed 20 lbs.} 

• ALWAYS place rodcer on floor. NEVER use on any elevated surface. 
73558 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

15Mannen, E.M., Siegel, D., Goldrod, S., Bossart, 

A., Lujan, T.J., Wilson, C., Whitaker, B., Carrol, J. 

(2023). Seated Products Characterization and 

Testing. Report available at https://www.cpsc.gov/ 

content/Report-Boise-State-Universitys-SeatedProducts-Characterization-and-Testing. (BSU 

Report). 

requirements based on CPSC’s 

assessment of incident reports, 

performance tests from the bouncer rule 

in 16 CFR part 1229, and the BSU 

Report. Additionally, the NPR includes 

requirements for warning content and 

formatting. Proposed modifications to 

ASTM F3084–22 in the NPR address: 

Suffocation risks posed by soft rocker 

surfaces and rocker features that can 

envelop a child’s face, by adding 

firmness and concavity requirements as 

recommended in the BSU Report 

discussed in section IV of the 

preamble; 15

Tipover risk, by modifying the 

terminology and forward stability 

requirements for rockers to match the 

more stringent test conditions listed in 

ASTM F2167–22, incorporated by 

reference into CPSC’s Safety Standard 

for Infant Bouncer Seats, codified in 16 

CFR part 1229, and to more clearly 

indicate which forward stability tests 

are to be performed on each product 

type, i.e., the different testing for an 

infant rocker versus an infant/toddler 

rocker; 

Battery leakage risk, by adding the 

more stringent electrical requirements 

from part 1229, including performance 

requirements and test methods requiring 

battery compartments to provide a 

means of containing battery leakage, 

preventing access to contained leakage, 

avoiding hazardous charging of batteries 

when installed in the product, and 

limiting the surface temperature of 

accessible electrical components to 

160 °F (71°C) or less at any time while 

in ordinary use; 

Strangulation risk posed by tethered 

straps that are exposed below a product, 

by adding tethered straps accessibility 

requirements; 

Mechanical injury risks associated 

with product design, by adding drop 

test requirements from part 1229 to 

ensure product durability; 

Warning and literature requirements 

to emphasize that rockers are not 

intended for sleep and that soft bedding 

is not to be used in rockers, and to 

ensure that on-product labels are 

prominently placed and conspicuous to 

the consumer. 

B. Certification 

Section 14 of the CPSA establishes 

requirements for product certification 

and testing. Products subject to a 

consumer product safety rule under the 

CPSA, or to a similar rule, ban, 

standard, or regulation under any other 

act enforced by the Commission, must 

be certified as complying with all 

applicable CPSC-enforced requirements. 

15 U.S.C. 2063(a). Certification of 

children’s products subject to a 

children’s product safety rule must be 

based on testing conducted by a CPSCaccepted third party conformity 

assessment body. 15 U.S.C. 2063(a)(2). 

The Commission must publish a notice 

of requirements (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 rule for 

16 CFR part 1240, Safety Standard for 

Infant and Infant/Toddler Rockers, if 

issued as a final rule, would be a 

children’s product safety rule that 

requires the issuance of an NOR. 

16 CFR part 1112 establishes 

requirements for accreditation of thirdparty conformity assessment bodies to 

test for conformity with a children’s 

product safety rule in accordance with 

section 14(a)(2) of the CPSA. Part 1112 

also codifies all of the NORs issued 

previously by the Commission. To meet 

the requirement that the Commission 

issue an NOR for the rocker standard, 

the Commission proposes as part of the 

NPR to add rockers to the list of 

children’s product safety rules for 

which CPSC has issued an NOR. 

Testing laboratories applying for 

acceptance as a CPSC-accepted third 

party conformity assessment body to 

test to the new standard for rockers 

would be required to meet the thirdparty 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 CPSC to have 16 

CFR part 1240, Safety Standard for 

Infant and Infant/Toddler Rockers, 

included within the laboratory’s scope 

of accreditation of CPSC safety rules 

listed for the laboratory on the CPSC 

website at: https://www.cpsc.gov/cgibin/labsearch/. 

C. Product Registration 

In addition to requiring the 

Commission to issue safety standards 

for durable infant or toddler products, 

section 104 of the CPSIA directs 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 product categories. 15 U.S.C. 

2056a(f). The product categories listed 

in section 104(f)(2) of the CPSIA— 

which do not include rockers— 

represent a non-exhaustive list of 

durable infant or toddler product 

categories. 74 FR 68668, 68669 (Dec. 29, 

2009). 

As the CPSIA directs, CPSC’s 

consumer registration rule at 16 CFR 

part 1130 requires each manufacturer of 

a durable infant or toddler product to 

provide a postage-paid 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. 

The Commission here proposes to 

amend part 1130 to include ‘‘Infant and 

Infant/Toddler Rockers,’’ as defined in 

ASTM F3084–22 with modifications, as 

durable infant or toddler products 

because they are: (1) intended for use, 

and may be reasonably expected to be 

used, by children under the age of 5 

years; (2) similar to the other seated 

products listed in section 104(f)(2) of 

the CPSIA, such as swings, booster 

chairs, and activity centers; and (3) 

durable, as reflected by the fact that they 

are commonly available for resale or 

‘‘handed down’’ for use by other 

children. 

VI. Incorporation by Reference 

The Commission proposes 

incorporating ASTM F3084–22 by 

reference, with modifications to further 

reduce the risk of injury associated with 

rockers. The Office of the Federal 

Register (OFR) has regulations 

concerning incorporation by reference. 1 

CFR part 51. For a proposed rule, 

agencies must discuss in the preamble 

of the NPR ways that the materials the 

agency proposes to incorporate by 

reference are reasonably available to 

interested persons or how the agency 

worked to make the materials 

reasonably available. In addition, the 

preamble of the proposed rule must 

summarize the material. 1 CFR 51.5(a). 

In accordance with the OFR’s 

requirements, section IV.B of the 

preamble summarizes the provisions of 

ASTM F3084–22 that the Commission 

proposes to incorporate by reference. 

ASTM F3084–22 is copyrighted. By 

permission of ASTM, the standard can 

be viewed as a read-only document 

during the comment period of the NPR, 

at: https://www.astm.org/cpsc.htm. To 

download or print the standard, 

interested persons may purchase a copy 


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16See, e.g., Safety Standard for Infant Swings, 87 

FR 44,307 (July 26, 2022); Safety Standard for Crib 

Mattresses, 87 FR 8640 (Feb. 15, 2022). 

of ASTM F3084–22 from ASTM, 

through its website (https://

www.astm.org), or by mail from ASTM 

International, 100 Bar Harbor Drive, 

P.O. Box 0700, West Conshohocken, PA 

19428. Alternatively, interested parties 

may inspect a copy of the standard at 

CPSC’s Office of the Secretary by 

contacting Alberta E. Mills, Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: 301– 

504–7479; email: cpsc-os@cpsc.gov. 

VII. 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 a 180-day effective date for 

this rule. The rule would apply to all 

rockers manufactured after the effective 

date. 15 U.S.C. 2058(g)(1). This amount 

of time is typical for other CPSIA 

section 104 rules.16 Six months is also 

the period that the Juvenile Products 

Manufacturers Association (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 

timeframe. Given that the proposed rule 

largely uses test equipment that is 

already utilized to test rockers to ASTM 

F3084–22 for JPMA’s program, and that 

any additional required test equipment 

is either already utilized for other 

regulated products (such as infant 

bouncer seats) or can easily be procured 

or produced by a testing laboratory, the 

Commission believes that additional 

time is unnecessary for the production 

or procurement of new test equipment. 

The Commission invites comments, 

particularly from small businesses, 

regarding the amount of time needed to 

come into compliance with a final rule. 

VIII. Regulatory Flexibility Act (RFA) 

The RFA requires that agencies 

review a proposed rule for its potential 

economic impact on small entities, 

including small businesses. Section 603 

of the RFA generally requires that 

agencies prepare an initial regulatory 

flexibility analysis (IRFA) and make the 

analysis available to the public for 

comment when the agency publishes an 

NPR. 5 U.S.C. 603. 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 has addressed these issues in Tab 

F of Staff’s NPR Briefing Package, and 

they are presented briefly below. 

A. Agency Action, NPR Objectives, 

Product Description, and Market 

Description 

Section I of the preamble explains 

why CPSC is considering issuing a 

mandatory rule for rockers and provides 

a statement of the objectives of, and 

legal basis for, the proposed rule. 

Section II of the preamble describes the 

types of products within the scope of 

the NPR, the market for rockers, and the 

use of rockers in the U.S. 

The requirements in the NPR are more 

stringent than the ASTM voluntary 

standard for rockers. Relatively few 

rockers for sale in the U.S. are marketed 

as ASTM-compliant. Only two out of 

approximately 50 current suppliers to 

the U.S. market are members of the 

JPMA certification testing program for 

rockers, which provides third party 

testing for compliance with CPSC and 

ASTM standards. JPMA currently has 

four member companies that are 

certified specifically for rockers, two of 

which do not currently have a rocker for 

sale in the U.S. See Tab F of Staff’s NPR 

Briefing Package. 

B. Small Entities to Which the NPR 

Would Apply 

Of the 13 U.S. manufacturers and 

importers of rockers that currently 

supply the U.S. market, four are small 

U.S. manufacturers and five are small 

U.S. importers based on Small Business 

Administration (SBA) size standards, for 

a total of nine small U.S. entities to 

which the NPR would apply. The rest of 

the suppliers, about 37, are foreignbased manufacturers and direct 

shippers. 

The NPR would not mandate any 

requirements or have direct economic 

impact on retailers of any size because 

products manufactured or imported 

before the effective date of the final rule 

could still be sold. Indirect impacts on 

retailers could occur in the longer term 

if rockers are removed from the market 

rather than redesigned to meet the 

requirements of this standard, or if an 

increased price of compliant rockers 

reduces demand. 

C. Impact of the Proposed Rule on Small 

Manufacturers and Importers 

The NPR could have a significant 

impact on nine small U.S. importers and 

manufacturers whose products may not 

be consistent with the NPR 

requirements. CPSC considers one 

percent of annual revenue from sales to 

be a potentially ‘‘significant’’ economic 

impact. 

Most rocker products on the market 

would require redesign to meet the 

proposed rule and would need new 

labeling. The extent of the required 

modifications would depend on 

whether the products already meet the 

ASTM standard for rockers or, for multimode products, the similar mandatory 

standards for bouncer chairs or swings. 

Manufacturers whose products do not 

meet the performance requirements in 

the NPR will need to redesign the 

products at a cost that CPSC staff 

estimates to be approximately $80,000 

per model or remove the products from 

the market. 

Staff anticipates that most models 

would require at least some redesign to 

meet the requirements of the standard. 

However, some redesigns could be 

relatively inexpensive, such as changing 

the seat angle or modifying the 

restraints. Products that currently meet 

all physical performance requirements 

might only need the new warning 

sticker or a stamped-on label. 

Combination products that are 

compliant with the mandatory bouncer 

chair standard or the swing standard 

and have no hanging restraint straps 

may require minimal redesign or none 

at all. 

Staff estimates the total cost of 

redesign for the 17 models supplied by 

U.S. small businesses to be $1.36 

million (17 models × $80,000), though 

the cost could be less if some models do 

not require redesign, or only modest 

redesign. The cost of redesign could also 

be spread across multiple models 

because models from the same 

manufacturer can be similar in 

structural design and dimensions with 

different fabrics or toy bars. Similarly, 

one model from a foreign manufacturer 

may be sold by multiple direct shippers 

and small importers under different 

brand names. The ongoing cost of 

compliance after the first year that the 

rule is in effect is expected to be 

minimal for materials and labor because 

the redesigned products would likely 

use the same types of materials and 

production methods as current 

products. 

Substitutes for rockers are available, 

so if the costs of compliance were to 

raise the price of rockers above the price 

of what parents perceive as reasonable 

substitutes, such as swings or bouncer 

seats, there could be a decline in rocker 

sales as a result of this rule. However, 

the impact on suppliers of reduced 

rocker sales could be offset by an 

increase in sales of these competing 

products if sold by the same companies. 


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The impact of the redesign cost could 

also be reduced if suppliers are able to 

increase the retail price to cover some 

or all of the cost without significantly 

impacting overall demand for rockers. 

Based on staff’s analysis, additional 

testing costs beyond what suppliers are 

already spending to comply with other 

CPSC standards would be less than 

$1,000 per year per model. Testing costs 

would likely vary depending on where 

the testing takes place and whether 

volume discounts apply. If products are 

sold to a global market, those products 

would require testing to satisfy both 

U.S. and foreign standards at the same 

time, for a bundled test price. Multimode products that are already required 

to demonstrate compliance with the 

bouncer or swing mandatory standard 

through third-party testing may 

experience a smaller incremental cost 

for testing only the rocker mode. 

Overall, staff estimates the testing costs 

for the industry as a whole, including 

foreign and large businesses supplying 

the U.S. market, to be $80,000 per year 

(80 models × $1,000 per model for 

testing). 

D. Impact on Testing Labs 

No adverse impact on testing 

laboratories should occur as a result of 

a final rule for rockers. CPSC estimates 

the required testing instruments and 

devices to cost in the range of $500 to 

$1,000. The cost will be on the lower 

end of this range if the laboratory 

already has devices such as force 

gauges, which are common. The 22 labs 

that are currently accredited to test to 

the mandatory bouncer standard would 

likely easily meet the accreditation 

requirements to test rockers given the 

similarity of the requirements and test 

methods. Furthermore, most 

laboratories are not small businesses. 

Companies in the lab testing industry 

include companies with hundreds of 

locations, including Asia and Europe, 

and thousands of employees. 

E. Alternatives Considered To Reduce 

the Impact on Small Entities 

The Commission considered several 

alternatives to reduce burden on small 

entities. Exempting small entities from 

this rule or parts of this rule would not 

be consistent with the applicable 

statutes; the CPSA allows CPSC to 

provide ‘‘small batch’’ exemptions to 

testing requirements or alternative 

requirements for some mandatory safety 

standards, such as the standard for 

bicycle helmets (16 CFR part 1203), but 

the CPSIA section 104 requirements for 

durable infant or toddler products do 

not provide for such exemptions. 

Nevertheless, several alternatives to the 

NPR could have a different impact on 

small businesses. The Commission 

requests comment on these alternatives 

or other alternatives that could reduce 

the potential burden on small entities. 

1. Not Establishing a Mandatory 

Standard 

While not establishing a safety 

standard for rockers would minimize 

the regulatory impact on small 

businesses, failing to establish a 

mandatory standard would fail to 

reduce injuries and deaths from the 

known hazards. Establishing a 

mandatory standard satisfies the 

mandate in section 104 of the CPSIA 

requiring the Commission to create 

mandatory safety standards for all 

durable infant or toddler products. 

2. Only Including Infant Rockers in the 

Scope 

The incident data for rockers, 

discussed in section III of the preamble, 

reflect that all of the fatalities and most 

of the injuries were to children less than 

one year old. While CPSC could 

consider excluding from the scope of 

the rule those rockers that are marketed 

for use only by children over one year 

old, this would not significantly reduce 

the impact on small businesses, as there 

are very few rockers on the market 

solely for toddlers. Such limitation in 

scope also would not effectively address 

the hazards because rockers marketed 

for older children foreseeably could still 

be used for infants. Further, the incident 

data reflects some non-fatal injuries to 

children over one year old. 

3. Incorporating ASTM F3084–22 

Without Modifications 

The Commission considered 

proposing to incorporate by reference 

ASTM F3084–22, without any 

modifications. While this would reduce 

the impact on two U.S. small businesses 

that claim to be compliant with the 

ASTM standard, the overall impact on 

U.S. small businesses, as compared to 

the Commission’s proposed rule, would 

not be significant. Further, as discussed 

above, ASTM F3084–22 does not 

adequately address the suffocation and 

fall hazards rockers present. 

4. A Different Effective Date of the 

Requirements 

An effective date earlier than 180 days 

after publication could provide the 

benefits of the NPR more quickly but 

would increase the burden on small 

businesses by requiring them to more 

quickly redesign and test products. An 

earlier effective date could result in 

temporary shortages of rockers because 

the testing labs would need to receive 

accreditation before they could test for 

compliance to the new performance 

requirements. A later effective date 

could reduce impact on small 

businesses but would delay addressing 

the known hazards, including lifethreatening risks. 

IX. Environmental Consideration 

The Commission’s regulations address 

whether the agency is required to 

prepare an environmental assessment or 

an environmental impact statement. 

Under these regulations, 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 products come under 

this categorical exclusion. 16 CFR 

1021.5(c)(1). The NPR falls within the 

categorical exclusion. 

X. Paperwork Reduction Act 

This proposed rule for infant rockers 

contains information collection 

requirements that are subject to public 

comment and review by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521). 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 Infant and 

Infant/Toddler Rockers. 

Description: The proposed rule would 

require each rocker within the scope of 

the rule to comply with ASTM F3084– 

22, Standard Consumer Safety 

Specification for Infant and Infant/ 

Toddler Rockers, modified by the 

proposed additional requirements 

summarized in the preamble. Sections 8 

and 9 of ASTM F3084–22 contain 

requirements for marking, labeling, and 

instructional literature. These 

requirements fall within the definition 

of ‘‘collection of information,’’ as 

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

Description of Respondents: Persons 

who manufacture or import rockers. 


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Estimated Burden: We estimate the 

burden of this collection of information 

as follows: 

TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN

16 CFR section Number of 

respondents 

Frequency of 

responses 

Total annual 

responses 

Hours per 

response 

Total 

burden hours 

1240 ..................................................................................... 50 1.6 80 1 80 

Our estimate is based on the 

following: 

ASTM F3084–22 requires that the 

name and the place of business (city, 

state, and mailing address, including zip 

code) or telephone number of the 

manufacturer, distributor, or seller be 

marked clearly and legibly on each 

product and its retail package. It also 

requires a code mark or other means 

that identifies the date (month and year, 

as a minimum) of manufacture. 

An estimated 13 U.S. firms supply 

rockers to the domestic market, as well 

as seven foreign manufacturers and 

about 30 foreign direct shippers, for a 

total of about 50 suppliers. We estimate 

the time required to respond to the 

collection is about one hour per model. 

Approximately 80 models of rockers 

were available for sale on the U.S. 

market as of March 2023. Therefore, 

each supplier is estimated to respond 

1.6 times (80 models/50 suppliers = 1.6 

responses). The estimated annual 

burden associated with the collection is 

50 respondents × 1.6 responses × 1 hour 

per response = 80 hours. 

CPSC estimates that 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, total compensation for all 

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

www.bls.gov/news.release/archives/ 

ecec_06162023.pdf). The estimated 

annual cost to industry associated with 

the collection accordingly is $2,993 

($37.41 per hour × 80 hours = 

$2,992.80). No operating, maintenance, 

or capital costs are associated with the 

collection. 

The NPR requires instructions to be 

supplied with rockers. Under the OMB’s 

regulations (5 CFR 1320.3(b)(2)), the 

time, effort, and financial resources 

necessary to comply with a collection of 

information that would be incurred by 

persons in the ‘‘normal course of their 

activities’’ are excluded from a burden 

estimate, where an agency demonstrates 

that the disclosure activities required to 

comply are ‘‘usual and customary.’’ 

Firms that supply rockers to the U.S. 

market typically provide instructional 

literature to consumers. Therefore, we 

tentatively estimate that no burden 

hours are associated with supplying 

instructional literature because any 

burden associated with supplying 

instructions would be ‘‘usual and 

customary’’ and not within the 

definition of ‘‘burden’’ under the OMB’s 

regulations. 

Based on this analysis, the proposed 

standard for rockers would impose a 

burden to industry of 80 hours at a cost 

of $2,993 annually. 

In compliance with the Paperwork 

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

3507(d)), CPSC has submitted the 

information collection requirements of 

this rule to the OMB for review. 

Interested persons are requested to 

submit comments (see the ADDRESSES

section at the beginning of this 

document). 

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

we invite comments on: 

• whether the collection of 

information is necessary for the proper 

performance of CPSC’s functions, 

including whether the information will 

have practical utility; 

• the accuracy of CPSC’s estimate of 

the burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

• ways to enhance the quality, utility, 

and clarity of the information to be 

collected; 

• 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 

• the estimated burden hours 

associated with label modification, 

including any alternative estimates. 

XI. Preemption 

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

2075(a), states 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 

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, the 

preemption provision of section 26(a) of 

the CPSA would apply to a rule issued 

under section 104. 

XII. Request for Comments 

The Commission proposes a rule 

under section 104(b) of the CPSIA to 

issue a consumer product safety 

standard for Infant and Infant/Toddler 

Rockers, to amend part 1112 to add 

Infant and Infant/Toddler Rockers to the 

list of children’s product safety rules for 

which CPSC has issued an NOR, and to 

amend part 1130 to identify Infant and 

Infant/Toddler Rockers as a durable 

infant or toddler product subject to 

CPSC consumer registration 

requirements. The Commission requests 

comments on any aspect of these 

proposals, including the proposed 

effective date and the costs of 

compliance with, and testing to, the 

proposed Safety Standard for Infant and 

Infant/Toddler Rockers. During the 

comment period, the ASTM F3084–22, 

Standard Consumer Safety 

Specification for Infant and Infant/ 

Toddler Rockers, is available as a readonly document at: https://

www.astm.org/cpsc.htm. 

In addition to the areas identified 

above, the Commission seeks comment 

on the following matters: 

A. What physical design 

characteristics, not already addressed in 

this package, would best signal to adults 

that rockers are unsafe for infant sleep? 

Should any such characteristics be 

required for rockers? 

B. What benefits, if any, do younger 

infants (under 4 months) derive from 

rockers in terms of motor development 

and visual stimulation? Do the benefits 

change and/or increase as an infant 

progresses from early infancy? 


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C. Should rockers be allowed to be 

marketed, intended, or designed to 

accommodate babies that are too young 

to gain any physical developmental 

benefit from using them? 

D. Would any additional warnings be 

useful? If so, what messages should be 

included? 

E. The Commission invites comments 

on staff’s recommendation that the 

warning label specifically address 

premature infants: ‘‘For babies born 

prematurely, consult a doctor before 

use.’’ (See discussion at OS–125, page 

68 in Tab B of Staff’s NPR Briefing 

Package). Is a warning appropriate for 

any other groups of infants, for instance, 

infants under four months of age? 

F. Should soothing features, like 

vibration or calming sounds, be 

permitted on rockers? 

G. Whether the NPR has identified the 

appropriate firmness test points, or 

whether any other test points should be 

included, for example, a third firmness 

test point in an area of the head space 

of the product that is most likely to fail 

the test, comparable to the additional 

test points proposed in the recent NPR 

for nursing pillows at 88 FR 65865, 

65883 (Sept. 26, 2023)? 

H. Whether an anti-stockpiling 

provision should be included and, if so, 

whether the Commission should 

include an anti-stockpiling provision 

comparable to the one proposed in the 

recent SNPR for portable generators at 

88 FR 24346, 24372 (Apr. 20, 2023)? 

I. Should torso angle restrictions be 

included? If so: 

1. Should those restrictions set a 

maximum angle, under which sleep is 

appropriately safe?; 

2. Should those restrictions set a 

minimum angle, above which a baby is 

sitting upright and unlikely to sleep?; or 

3. Should those restrictions do both of 

the above (i.e., should products be 

permitted to be below X degrees or 

above Y degrees, but not any of the 

angles in between X and Y)? 

J. The Commission requests comment 

on whether any rocker (with an incline 

‘‘greater than 10 degrees’’) in which 

infants are likely to fall asleep is safe for 

infants under 5 months, or for infants 

under 6 months. And, if such products 

are not safe, what modifications to the 

proposed rule—such as, for example, 

age grading—should be made to ensure 

that those products are not available for 

children in that age range? 

K. The Commission invites comments 

on the proposed definitions of infant 

rocker and infant/toddler rocker. 

1. In addition to the staff’s 

recommendations that the definitions 

include a weight limit, should a 

minimum age be specified? 

2. With respect to product angle, is 

the specification of ‘‘greater than 10 

degrees’’ in the proposed definition 

adequate to address positional asphyxia 

risks? 

L. According to the June 2023 report 

from Boise State University, Seated 

Products Characterization and Testing, 

‘‘Future studies should focus more on 

the biomechanical differences between 

younger and older infants within infant 

products.’’ (p. 173) The Commission 

requests comments on the 

biomechanical differences that impact 

the risks of injury and death associated 

with infant and infant/toddler rockers, 

particularly for premature infants and 

infants under 4 months. 

Submit comments in accordance with 

the instructions in the ADDRESSES

section at the beginning of this 

document. 

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 1240 

Consumer protection, Incorporation 

by reference, Infants and children, 

Labeling, Law enforcement, Seats, 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)(51) to read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

and/or test method? 

* * * * * 

(b) * * * 

(51) 16 CFR part 1240, Safety 

Standard for Infant and Infant/Toddler 

Rockers. 

* * * * * 

■ 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)(20) to read as follows: 

PART 1130—REQUIREMENTS FOR 

CONSUMER REGISTRATION OF 

DURABLE INFANT OR TODDLER 

PRODUCTS 

§ 1130.2 Definitions. 

* * * * * 

(a) * * * 

(20) Infant and Infant/Toddler 

Rockers. 

* * * * * 

■ 5. Add part 1240 to read as follows: 

PART 1240—SAFETY STANDARD FOR 

INFANT AND INFANT/TODDLER 

ROCKERS 

Sec. 

1240.1 Scope. 

1240.2 Requirements for infant and infant/ 

toddler rockers. 

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

§ 1240.1 Scope. 

This part establishes a consumer 

product safety standard for Infant and 

Infant/Toddler Rockers. 

§ 1240.2 Requirements for infant and 

infant/toddler rockers. 

(a) Except as provided in paragraph 

(b) of this section, each infant and 

infant/toddler rocker must comply with 

all applicable provisions of ASTM 

F3084–22, Standard Consumer Safety 

Specification for Infant and Infant/ 

Toddler Rockers (approved May 1, 

2022). 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 ASTM website at https:// 

www.astm.org/READINGLIBRARY/. You 

may also obtain a copy from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959; phone: (610) 832–9585; 

www.astm.org. 


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(b) Comply with the ASTM F3084–22 

standard with the following additions or 

exclusions: 

(1) Instead of complying with section 

3.1.6 and 3.1.7 of ASTM F3084–22, 

comply with the following: 

(i) 3.1.6 infant rocker, n—a 

freestanding product intended to 

support an occupant who has not 

developed the ability to sit up 

unassisted, up to 20 lb. (approximately 

0 through 6 months of age), in a seated, 

reclined position greater than 10° and to 

facilitate rocking by the occupant with 

the aid of the caregiver or by other 

means. 

(ii) 3.1.7 infant/toddler rocker, n—a 

freestanding product intended to 

support an occupant in a seated, 

reclined position greater than 10° and to 

facilitate rocking by the occupant with 

the aid of the caregiver or by other 

means until the occupant is 

approximately age 2.5 years, up to 40 lb. 

(2) In addition to complying with 

sections 3.1.1 through 3.1.17 of ASTM 

F3084–22, comply with the following: 

(i) 3.1.18 tethered strap, n—an 

exposed strap underneath or behind the 

occupant support surface with both 

ends secured to the product (see 6.8). 

(ii) 3.1.18.1 Discussion—This 

specifically excludes straps that are 

loose or hanging from a product that are 

not intended to be attached to another 

component according to the 

manufacturer’s instructions. 

(iii) 3.1.18.2 Discussion—The strap 

may consist of monofilaments, rope, 

woven and twisted cord, plastic and 

textile tapes, or ribbon. 

(3) Add section 3.1.19 to ASTM 

F3084–22: 

3.1.19 rocking, v—forward and 

backward motion via a nonstationary 

base. 

(4) Instead of complying with sections 

6.3.1 and 6.3.1.1 of ASTM F3084–22, 

comply with the following: 

(i) 6.3.1 Forward Stability—The 

rocker shall not tip over when tested in 

accordance with 7.4.1. This shall be for 

all infant rockers and infant/toddler 

rockers in the infant rocker use, mode, 

or position. 

(ii) 6.3.1.1 Forward Stability Infant/ 

Toddler Rockers—If the product is 

intended for use after the occupant can 

sit upright unassisted with a 

manufacturer’s recommended weight 

above 20 lb., the rocker shall not tip 

over when tested in accordance with 

7.4.2. 

(5) Add sections 6.8, 6.8.1, and 6.8.2 

to ASTM F3084–22: 

(i) 6.8 Tethered Strap Accessibility for 

Non-Occupants—Any products that 

have a tethered strap (see 3.1.18) shall 

meet either 6.8.1 or 6.8.2 when tested in 

accordance with 7.11. 

(ii) 6.8.1 A bounded opening formed 

by tethered strap(s), alone or in 

conjunction with the product, shall not 

allow the passage of the small head 

probe (Figure 2 to paragraph (b)(9)(ix)) 

when tested in accordance with 7.11. 

(iii) 6.8.2 A bounded opening formed 

by tethered strap(s), alone or in 

conjunction with the product, shall 

allow the passage of the large head 

probe (Figure 3 to Paragraph (b)(9)(xii)), 

and the tethered strap portion of the 

bounded opening shall not be greater 

than 7.4 in. (188 mm) long when tested 

in accordance with 7.11. 

(6) Add section 6.9 to ASTM F3084– 

22: 

6.9 Drop Test—The rocker shall not 

create a hazardous condition as defined 

in section 5 when tested in accordance 

with 7.12. 

(7) Add sections 6.10, 6.11, and 6.12 

to ASTM F3084–22: 

(i) 6.10 Battery Compartments (remote 

control devices are exempt from these 

requirements): 

(ii) 6.10.1 Each battery compartment 

shall provide a means to contain the 

electrolytic material in the event of a 

battery leakage. This containment 

means shall not be accessible to the 

occupant. 

(iii) 6.10.2 Positive protection from 

the possibility of charging any primary 

(non-rechargeable) battery shall be 

achieved either through physical design 

of the battery compartment or through 

the use of appropriate electrical circuit 

design. This applies to situations in 

which a battery may be installed 

incorrectly (reversed), and in which a 

battery charger may be applied to a 

product containing primary batteries. 

This section does not apply to a circuit 

having one or two batteries as the only 

source of power. 

(iv) 6.10.3 The surfaces of any 

accessible electrical component, 

including batteries, shall not achieve 

temperatures exceeding 160 °F (71 °C) 

when tested in accordance with 7.13. At 

the conclusion of the test, there shall be 

no battery leakage or, explosion or a fire 

to any electrical component. This test 

shall be performed prior to conducting 

any other testing within the 

performance requirements section. 

(v) 6.11 Firmness—The surface of the 

rocker that supports the infants head 

shall displace less than 11mm (0.43 in.) 

for a 10N (2.25 lb.) force when tested in 

accordance with 7.14. 

(vi) 6.12 Concavity—The radius of 

surface of the rocker that supports the 

infant’s head shall be greater than 22 cm 

(8.66 in.) when tested in accordance 

with 7.15. 

(8) Instead of complying with section 

7.4.1.6 of ASTM F3084–22, comply with 

the following: 

7.4.1.6 Apply a static load of 21 lbf. 

(93 N) vertically downward on the 

stability test fixture in the location 

designated in Figure 15 to paragraph 

(b)(17) (6-in. (152.4-mm) in front of the 

crotch post) within a period of 5 s and 

maintain for an additional 60 s (Figure 

9 to section 7 of ASTM F3084–22). If the 

stability test fixture touches the test 

surface and prevents the product from 

tipping over, retest the product near the 

edge of an elevated test surface to allow 

the product to tip. 

(9) Add section 7.11 to ASTM F3084– 

22: 

(i) 7.11 Tethered Strap Accessibility 

Testing: 

(ii) 7.11.1 Assemble the product in 

one of the manufacturer’s recommended 

use positions. 

(iii) 7.11.2 Adjust any strap 

underneath or behind the occupant 

support surface to its full-length 

configuration. This includes adjusting 

any sliding buckle and/or other 

hardware. 

(iv) 7.11.3 For straps that are part of 

the restraint system, unbuckle the 

restraint system to allow for the 

maximum strap length underneath or 

behind the occupant support surface. 

(v) 7.11.4 Where applicable, orient 

any fasteners, buckles, clips, or other 

hardware in the position most likely to 

prevent them from being pulled through 

any opening. 

(vi) 7.11.5 Using a 3⁄4 in. (19 mm) 

diameter clamping surface (Figure 1 to 

paragraph (b)(9)(vi)), gradually pull on 

the tethered strap from underneath or 

behind the occupant support surface in 

the most onerous direction most likely 

to release the strap through the opening 

with a force of 5 lbf. (22 N). Apply the 

force over a period of 5 s and maintain 

for an additional 10 s or until the strap 

releases, whichever comes first. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73564 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

Figure 1 to Paragraph (b)(9)(vi)—A 3⁄4- 

in. (19-mm) Diameter Clamp 

Note 1 to Figure 1 to paragraph (b)(9)(vi): 

Reprinted, with permission, from ASTM 

F406–22 Standard Consumer Safety 

Specification for Non-Full-Size Cribs/Play 

Yards, copyright ASTM International, 100 

Barr Harbor Drive, West Conshohocken, PA 

19428. A copy of the complete standard may 

be obtained from ASTM International, 

www.astm.org. 

(vii) 7.11.5.1 If during the test 

procedure in 7.11.5, the strap remains 

does not release at a force of 5 lbf. (22 

N) or less, proceed to 7.11.6. 

(viii) 7.11.5.2 If during the test 

procedure in 7.11.5, the tethered strap 

releases, replace the strap through the 

opening into its original test position 

described in 7.11.3 and 7.11.4. Repeat 

the force application in 7.11.5 four more 

times for a total of five times. If the strap 

releases during every one of the five 

individual tests, this strap is exempt 

from 7.11.6, 7.11.7, and 7.11.8. If the 

strap remains attached during any of the 

five force applications, proceed to 

7.11.6. 

(ix) 7.11.6 Rotate the small head probe 

(Figure 2 to paragraph (b)(9)(ix)) to the 

orientation most likely to fail and 

gradually apply a force of 25 lb. (111 N) 

in the bounded opening. Apply the 

force perpendicular to the base of the 

probe in the direction most likely to fail 

within a period of 5 s and maintain it 

for an additional 10 s. 

Figure 2 to Paragraph (b)(9)(ix)—Small 

Head Test Probe 

Note 2 to Figure 2 to paragraph (b)(9)(ix): 

Reprinted, with permission, from ASTM 

F406–22 Standard Consumer Safety 

Specification for Non-Full-Size Cribs/Play 

Yards, copyright ASTM International, 100 

Barr Harbor Drive, West Conshohocken, PA 

19428. A copy of the complete standard may 

be obtained from ASTM International, 

www.astm.org. 

(x) 7.11.6.1 If the small head probe 

(Figure 2 to paragraph (b)(9)(ix)) cannot 

pass entirely through the opening in any 

orientation, this bounded opening 

passes 6.8.1. 

(xi) 7.11.6.2 If the small head probe 

(Figure 2 to paragraph (b)(9)(ix)) can 

pass entirely through the opening in any 

orientation, proceed to 7.11.7. 

(xii) 7.11.7 Determine if the large head 

probe (Figure 3 to paragraph (b)(9)(xii)) 

can be freely inserted through the 

bounded opening. 

Figure 3 to Paragraph (b)(9)(xii)—Large 

Head Test Probe 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.010</GPH> EP26OC23.011</GPH>

Dimensions are, bued OD a 5th pereentile 6-mmdb.-old dwd. 
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73565 

Note 3 to Figure 3 to paragraph (b)(9)(xii): 

Reprinted, with permission, from ASTM 

F406–22 Standard Consumer Safety 

Specification for Non-Full-Size Cribs/Play 

Yards, copyright ASTM International, 100 

Barr Harbor Drive, West Conshohocken, PA 

19428. A copy of the complete standard may 

be obtained from ASTM International, 

www.astm.org. 

(xiii) 7.11.7.1 If the large head probe 

(Figure 3 to paragraph (b)(9)(xii)) cannot 

pass entirely through the opening in any 

orientation, this bounded opening fails 

6.8.2. 

(xiv) 7.11.7.2 If the large head probe 

(Figure 3 to paragraph (b)(9)(xii)) can 

pass entirely through the opening in any 

orientation, proceed to 7.11.8. 

(xv) 7.11.8 Measure the available 

length of the tethered strap from its two 

attachment points on the product under 

a load of 5 lb. (2.27 kg). 

(xvi) 7.11.8.1 If the tethered strap is 

greater than 7.4 in. (188 mm), this 

tethered strap fails 6.8.2. 

(xvii) 7.11.8.2 If the tethered strap is 

less than or equal to 7.4 in. (188 mm), 

this tethered strap passes 6.8.2. 

(xviii) 7.11.9 Repeat for each bounded 

opening formed with tethered strap(s), 

in all manufacturer’s recommended use 

positions. 

(10) Add section 7.12 through 7.16 to 

ASTM F3084–22: 

(i) 7.12 Drop Test: 

(ii) 7.12.1 The rocker shall be dropped 

from a height of 36 in. (910 mm). 

(iii) 7.12.1.1 If the rocker does not 

fold, drop the rocker once on each of six 

different planes (top, bottom, front, rear, 

left side, and right side). 

(iv) 7.12.1.2 If the rocker does fold, 

drop the rocker once on each of six 

different planes, both in the folded and 

erect configurations. 

(v) 7.13 Battery Compartment Test 

(vi) 7.13.1 The battery compartment 

shall be tested using fresh alkaline 

batteries or an a/c power source. If the 

function powered by the compartment 

can be operated using both, then both 

batteries and a/c power must be tested 

separately. If another battery chemistry 

is specifically recommended for use in 

the rocker by the manufacturer, repeat 

the test using the batteries specified by 

the manufacturer. If the rocker will not 

operate using alkaline batteries, then 

test with the type of battery 

recommended by the manufacturer at 

the specified voltage. The test is to be 

carried out in a draft-free location, at an 

ambient temperature of 68 ± 9 °F (20 ± 

5 °C). 

(vii) 7.13.1.1 Operate the function 

powered by the battery compartment at 

the maximum speed or highest 

intensity. Do not disable any 

mechanical or electrical protective 

device, such as clutches or fuses. 

Operate the function powered by the 

battery compartment continuously, and 

record peak temperature. The test shall 

be discontinued 60 min after the peak 

temperature is recorded. If the function 

shuts off automatically or must be kept 

‘‘on’’ by hand or foot, monitor 

temperatures for 30 s, resetting the 

function as many times as necessary to 

complete the 30 s of operation. If the 

function shuts off automatically after an 

operating time of greater than 30 s, 

continue the test until the function 

shuts off. 

(viii) 7.14 Firmness Test 

(ix) 7.14.1 Hand-Held Firmness Test 

Device: 

(x) 7.14.1.1 The test device (Figure 4 

to paragraph (b)(10)(x)) shall consist of 

a 7.5 cm (2.95 in.) diameter hemisphere 

(made of a rigid material such as wood, 

metal, or plastic) attached to a 

compression force gauge with a range of 

0 to 50 N; ±0.2% accuracy and a depth 

gauge with sufficient travel to measure 

displacement of the hemisphere relative 

to the footprint ring. 

BILLING CODE 6355–01–P 

Figure 4 to Paragraph (b)(10)(x)—HandHeld Firmness Test Device 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.012</GPH>

MANDI.II 

-of-

-1. r LODI. 

(25fflffl) 

T 

SlOl!I/JiW 

a.om DIA 

{200mm) 

QIOVIEW 

1-ot!-------t.OIN. OXA,-----..i 

(230mm) 

The 9.0 in. diamerer·L• !\ased on tile oock-0f•hrod to tip,of•cl!in dimension for a 971h petrenti!e §.year•old. 
73566 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

(xi) 7.14.2 Test Point Location. 

(xii) 7.14.2.1 Place the Hinged Weight 

Gauge-Infant in the rocker with the 

hinged edge into the seat bight. 

(xiii) 7.14.2.2 Mark a line on the seat 

back 4 in. (10.2 cm) from the top of the 

gauge (Figure 5 to paragraph 

(b)(10)(xiii)). 

Figure 5 to Paragraph (b)(10)(xiii)— 

Location of Head Support Line 

(xiv) 7.14.2.3 Remove the hinged 

weight gauge and mark the test points 

at the center line and 8 in. (20.3 cm) to 

the either side of the center line (Figure 

6 to paragraph (b)(10)(xiv)). 

Figure 6 to Paragraph (b)(10)(xiv)—Test 

Point Location 

(xv) 7.14.3 Position the Hand-Held 

Test Device (Figure 4 to paragraph 

(b)(10)(x)) on a test location, with the 

footprint ring of the fixture centered on 

the location. 

(xvi) 7.14.4 Apply a 10N (2.25 lb.) 

force for at least 30 seconds and record 

the peak deflection. The product meets 

the requirements if the deflection is less 

than 11 mm (0.43 in.). 

(xvii) 7.14.5 Repeat the test on the 

remaining location. 

(xviii) 7.15 Concavity Measurement 

(xiv) 7.15.1 Configure the rocker with 

the Hinged Weight Gauge-Infant 

installed and locate the head support 

line as shown in Figure 7 to paragraph 

(b)(10)(xiv). 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.013</GPH> EP26OC23.014</GPH> EP26OC23.015</GPH>

Depth gauge 

lineaT bearing 

dia. aluminum: 

footprint ring 

Depth sause 

Mounting p1ate 

withhahdles 

linear. bedfin$. 

7;$:CJTI"dja. 

Hemispher.tft prot;e: 

8.5·atrlnn~·di8~ 

aluminum footprint· 

ring 

Example of test device using a commercially 

available force gauge, depth gauge and linear 

bearing. The hemisphere probe, mounting 

plate and aluminum footprint ring are 

Schematic of the firmness test device fabricated to accommodate gauges. 

(Fabrication drawings in Appendix B, 

Handheld Firmness Tester Details in Seated 

Product Characterization and Testing report). 

I 

8!.ryiti_,~ 
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73567 

Figure 7 to Paragraph (b)(10)(xiv)— 

Width L Measurement 

(xx) 17.15.2 Measure the width L, 

along the head support line and the 

interior of the side supports as shown in 

Figure 7 to paragraph (b)(10)(xiv). 

(xxi) 7.15.3 Place a rigid bar between 

the side support and over the head 

support line. Measure the maximum 

vertical distance d, from the bottom of 

the bar to the hinged weight gauge 

(Figure 8 to paragraph (b)(10)(xxi)). 

Calculate the depth D by adding the 

thickness of the Hinged Weight GaugeInfant to the vertical distance from the 

bottom of the bar to the top of the 

Hinged Weight Gauge-Infant. 

Figure 8 to Paragraph (b)(10)(xxi)— 

Depth D = d + Thickness of the Gauge 

(xxii) 7.15.4 Using the equation 

shown in Figure 9 to this paragraph 

(b)(10)(xxii), calculate the concavity r by 

inputting the width L and depth D into 

the equation below. r values greater than 

22 cm (8.66 in.) meet the concavity 

requirement. 

Figure 9 to Paragraph (b)(10)(xxii)— 

Concavity Equation 

(The larger the radius, the flatter the 

product, and vice versa). 

(xxiii) 7.16 Warning Label Visibility 

Test: 

(xxiv) 7.16.1 Place rocker on the floor. 

(xxv) 7.16.2 Place and secure the 

Newborn CAMI dummy (Figure 2 to 

section 2 of ASTM F3084–22) in the 

rocker. 

(xxvi) 7.16.3 Visibility Tests with and 

Without Accessories and Toy Bars: 

(xxvii) 7.16.3.1 Visibility with CAMI 

Dummy Restrained in Seat—Place the 

CAMI Newborn Dummy in the product 

with the restraint system engaged 

according to the manufacturer’s 

instructions. While standing in front of 

the product with the Newborn CAMI 

dummy installed, verify that the 

required warnings are visible and 

placed above an imaginary horizontal 

line that crosses through the junctions 

of under arm and side of the torso 

armpits on both left and right sides and 

not obscured by any part of the dummy 

(Figure 10 to paragraph (b)(10)(xxvii)). 

Figure 10 to Paragraph (b)(10)(xxvii)— 

Allowable Area for Warning Label 

Placement Starts From the Dotted Line 

That Crosses the Junctions of Underarm 

and Both Sides of the Torso 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.016</GPH> EP26OC23.017</GPH> EP26OC23.018</GPH>

-----L-----

llead Support line 

. Minsed Weight Gause•lnfanl 
73568 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

Note 4 to Figure 10 to paragraph 

(b)(10)(xxvii): The placement of the warnings 

is only applicable to the English language 

portions of the warning label. 

(xxviii) 7.16.3.2 Visibility with 

Accessories (Excluding Toy Bars)— 

Rockers that include any accessory(ies) 

that could potentially obscure the 

warnings shall comply with visibility 

requirements of 7.16 both with such 

accessory(ies) in place (in all 

configurations and combinations) and 

with the accessory(ies) removed. 

(xxix) 7.16.3.3 Visibility with Toy 

Bar—If any part of the required 

warnings is obscured by a toy bar or its 

attached toys but is visible with a shift 

of the observer’s head position, then this 

is considered acceptable. 

(11) Remove section 8.6.7, with Figure 

14 and Figure 15 in ASTM F3084–22, 

from ASTM F3084–22. 

(12) Add section 8.6.8 to ASTM 

F3084–22: 

8.6.8 Warning Location—The 

applicable warnings as specified in 8.7 

shall be on the front surface of the 

rocker seat back so as to comply with 

the visibility requirements in 7.16. 

(13) Instead of complying with section 

8.7.1 of ASTM F3084–22, comply with 

the following: 

Warning Statements—Each product 

shall have warning statements. The text 

must address the warnings as shown in 

Figure 11 to paragraph (b)(13). 

Note 5 to paragraphs 13, 14, and 15: 

‘‘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. 

Figure 11 to Paragraph (b)(13) 

(14) Instead of complying with section 

8.7.2 of ASTM F3084–22, comply with 

the following: 

Warning Statements—Each product 

shall have warning statements. The text 

must address the warnings as shown in 

Figure 12 to paragraph (b)(14): 

Figure 12 to Paragraph (b)(14) 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.019</GPH> EP26OC23.020</GPH>

SUFFOCATION& ASl'ffl'll!A HAZAIID: Using-pmdoo; Ii>< SLEEP. 

NAPS . .,.,,,.. SOFT SURFACES CM KILL 

---~locsleep_ 

Sl&j'..,,... __ balt,;;'<lurir!Quse. lfbsi:>y-asleep. """"'""bsl,,yss 

soonm--amplaoellOi!:,y on a n,m, 1ats1eep....--,.,,,., 

-orii, «-- . For-mn~.""'1Suila __ _ 

• AlWAYS...,.."'5!rainls.l•dj,sU1>il snugly. 

• NBIER"""analalsara......,....-clherSllftl........_911iiiirs._ 

---llpped-,ansaltSUJfal:n, 

•NBIIER-!IClll-.arfl8!kllirlg. 

FAll.HAZARlk911iiiirsllnesulfe<ed head ~FAI..UIGFRIJIIII 

ROCIIERS. 

• NEVERlill.arC11111Yballt'in""""8r. lRocka!iwilha.lladl!OOiElll!ndeoilfar 

...... 1o111sm-,adlildan,......,iptm:mfndlldliov...,.wmlin9 

~I 

• 51t1Pom,g~-htiby-tryingtod"1"•'-......... {in,ii!rt 

"""""8dlll•---............ ""'illN-••-2DIIII, 

• ----ALIIIAYSplaoemdoaranlllar.NEIIERusemq...........,!llld!lm. 
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73569 

(15) Instead of complying with section 

8.7.3 of ASTM F3084–22, comply with 

the following: 

(i) Warning Statements—Each 

product shall have warning statements. 

The text must address the warnings as 

shown in Figure 13 to paragraph 

(b)(15)(ii) or Figure 14 to paragraph 

(b)(15)(ii): 

(ii) 8.7.3 Infant/toddler Rockers with 

Shoulder Straps as Part of the Restraint 

System may use either 8.7.3.1 or 8.7.3.2. 

Figure 13 to Paragraph (b)(15)(ii) 

Figure 14 to Paragraph (b)(15)(ii) 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.021</GPH> EP26OC23.022</GPH>

SUFFOCATION & ASPHYXIA HAZARD: Using !his product for SLEEP. 

NAPS. or oo SOFT SURFACES CAN KILL 

NEVER USE !his product for sle~:t 

• stay ffl!<l< end watcl> baby during use. !f babyfalls asleep. """'°"" baby as 

soon as possibie end plaoe baby on a lirm, lie! sleep :surface sum as a 

be<\I> rob or !Jassinet 

For -babies born !lff!mafurely. consult a doclor before use. 

ALWAYS use res!raints un1i! child is abie m climb;,, end oul of prooud 

unassisted. ~ to fil snug!~. 

• NB/ER USE 00 a bed. sofu. rus!iloo Qr olher soil; 5'.lliaoe. Babies hsMa, 

sulfocaled 'Ihlen seats tipped weronsolt surfaces. 

NB/ER add soft bedding "'"padl:ling. 

FALL HAZARD: Bailie,; haw! sullered head injllfiies FAll.lNG FROM 

ROCKERS. 

• NEVER liff or <:any baby in roc!<Er. j_R°""""" with a handle{s) iniended far 

use to !iii arn:! csny "mild sre """"'!'f fr=~-~ 

Si1B!Emen!.J 

SIOP """111 prooucl vmen baby has~ fmsefl menL!ilaclura!'s 

rao,;;mmern:led meoomum M!igl,l ool !oe:oeed 40 lb}. 

The uprjght posilion is only for cilildren li\t10 hsve develope<l enoogh upper 

oo:ly ooolrol lo sit up ...-tipping fomaro. 

• ALWAYSplaoe""""9ronlloor.NEVERueeooaeyelevaledsurfece. 

SUFFOCATION & ASPHYXIA HAZAtm: Using this product li:!f SLEEP. 

NAPS. oron SOFT SURFACES CAN KILL 

• NEVER use this product for sk!Ep. 

• Slay near and watch baby di.Iring w.e. If baby flllls asleep; -baby as 

soon as possible and place baby on a fifrn, ffsl sleep SUlfaoe such as a 

bare crib or bassinet 

• For babies born prernatun!fy, COfl5lllt 8 doctor before use. 

• ALWAYS use restraints. l\dju5t to fit snugly. 

• NEVER w.e on a bed. sofa, ooshioo or olhi!r soft surface. Babies have 

su1Jocab!d when seats tipped over oo soft surfaces. 

• NEVER add soft bedding or padding. 

FALL HAZARD: Babies have suffered head irjuries FALL.ING FROM 

ROCKERS. 

• NEVER lift or c,my baby in rod.a-. l:Roc:lcera willl a handle(s) intef1ded for 

use to lilt and cany a child are exempt from inducting this warning 

slsh!menl.) 

• STOP using product when baby has reachedfmsert manufaclurl!l"s 

re.coomern:led ma><imum weight not in exceed 40 lb}. 

• The upjghl: position is only for children who have developed enough upper 

body oontrol lo sit up wilhout tipping fonwrd. 

• ALWAYS place rocker on floor. NEVER use on any eiev.aied surface. 
73570 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

(16) In addition to complying with 

section 8.8 of ASTM F3084–22, comply 

with the following: 

8.8 Manufacturers may present the 

SUFFOCATION & ASPHYXIA HAZARD 

and FALL HAZARD warning 

information on separate labels. If 

presented separately, both labels shall 

still meet the requirements set forth in 

sections 7.16 and 8.6. 

(17) Instead of complying with section 

X1.2 of ASTM F3084–22, comply with 

the following: 

X1.2 Subsection 6.3.1.1—The forward 

stability test is required if the rocker is 

to be used after a child can sit up 

unassisted due to incident data showing 

injuries because of occupants leaning 

forward between the ages of 6 and 9 

months. 

(18) Replace Figure 8 in ASTM 

F3084–22 with the following: 

Figure 15 to Paragraph (b)(18)— 

Forward Stability Test Fixture 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP26OC23.023</GPH> EP26OC23.024</GPH>

SUFFOCATION & ASPHYXIA HAZA.RO: Using lhis ,product lief SLEEP. 

NAPS:, or on SOFT SURFACES CAN KILL 

NEVER use !his ,produet !bf sleep. 

Slay near and wstcn baby durmig use. If babyfallls asleep, remclll'l!'bebjr 119 

SIIXM'I ss possible and ,place baby on a lirm, lie! sleep surface such as e 

bare crib or bassinet. 

• For 'babies born premsl!.Jn!,ly., consult a doclor before il!ile. 

• ALWAYS use reslrairrts Ul!liil dhifd is, Bbl!! to climb in and out ofll'le,produet 

u~d Adjust to fit snugly. 

NEVER ill5e m e be¢, sofa, w!ihion or other Sl0ff 5'111'face. Babies ha'ile 

.!IIJilfocsled Mien seats lipped over •on soft surfaces. 

NEVER add soft :bedding or pedtlling. 

FALL HAZARD: Babies have suffered heed ir'jjuries FALLING FROM 

ROCKERS. 

NEVER liftorCBrrybeby in rocl,;sr, [Roclcers wiha hancllei{s) intended for 

use to lift end carry e d'iib:I are exempt from induding lhi!s wsming 

!!ilail!menl.j 

STOP using .,product vmen baby has •11!19llhed [mseri manufal:lull!l's 

reccmmended maximum 'Weigllll 1!01 lo emeed 40 Ill}. 

The upright pasillion is only for d!ilclren 'MIO 119\Je devekl,ped enqh, •upf]er 

body oonlrol ID sit up without tlpping· forward. 

ALWAYS piece rocker on loor. NEVER me 01'1 any ele'<lllled .SIUrl'aca 

Fro!l{Vfllw 

------ ................ ..,.ltn 
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73571 

Note 6 to Figure 15 to paragraph (b)(18): 

Reprinted, with permission, from ASTM 

F2167–22 Standard Consumer Safety 

Specification for Infant Bouncer Seats, 

copyright ASTM International, 100 Barr 

Harbor Drive, West Conshohocken, PA 

19428. A copy of the complete standard may 

be obtained from ASTM International, 

www.astm.org. 

Sarah Bock, 

Paralegal Specialist, Consumer Product 

Safety Commission. 

[FR Doc. 2023–23322 Filed 10–25–23; 8:45 am] 

BILLING CODE 6355–01–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0069; FRL–10579–09– 

OCSPP] 

Receipt of a Pesticide Petition Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities; September 

2023 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petition and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of an initial filing of a 

pesticide petition requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before November 27, 2023. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0069, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting and visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Registration Division 

(RD) (7505T), main telephone number: 

(202) 566–2427, email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person is Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

As part of the mailing address, include 

the contact person’s name, division, and 

mail code. The division to contact is 

listed at the end of each application 

summary. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit CBI 

to EPA through https://

www.regulations.gov or email. If you 

wish to include CBI in your comment, 

please follow the applicable instructions 

at https://www.epa.gov/dockets/ 

commenting-epa-dockets#rules and 

clearly mark the part or all of the 

information that you claim to be CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

comments.html. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the Agency taking? 

EPA is announcing receipt of a 

pesticide petition filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

requesting the establishment or 

modification of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. The Agency is taking 

public comment on the request before 

responding to the petitioner. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petition described in this 

document contains data or information 

prescribed in FFDCA section 408(d)(2), 

21 U.S.C. 346a(d)(2); however, EPA has 

not fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data supports granting of the 

pesticide petition. After considering the 

public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on this pesticide petition. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition that is the 

subject of this document, prepared by 

the petitioner, is included in a docket 

EPA has created for this rulemaking. 

The docket for this petition is available 

at https://www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petition may be 

obtained through the petition summary 

referenced in this unit. 

A. Amended Tolerances for Non-Inerts 

1. PP 3E9061. EPA–HQ–OPP–2023– 

0258. Interregional Research Project 

Number 4 (IR–4), IR–4 Project 

Headquarters, North Carolina State 

University, 1730 Varsity Drive, Venture 

IV, Suite 210, Raleigh, NC 27606, 

requests to amend 40 CFR 180.629, 

upon the approval of the requested 

tolerances, by removing the established 

tolerances for residues of the fungicide 

flutriafol, including its metabolites and 

degradates in or on the following 

commodities: Brassica, head and stem 

(subgroup 5A) at 1.5 parts per million 

(ppm); brassica, leafy greens (subgroup 

5B) at 7.0 ppm; cotton, undelinted seed 

at 0.50 ppm; fruit, pome group 11–09 at 

0.40 ppm; fruit stone, group 12–10 at 1.5 

ppm; and vegetable, leafy, except 


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